- 19 - that it owed Exxon nothing.12 Petitioner cannot now switch hats and attempt to show how meritorious Exxon's claims actually were. Instead, the settlement agreement of February 10, 1992, serves as both Exxon's and petitioner's assessment of the value of the now compromised claims. Petitioner further alleges that certain provisions of the unit and unit operating agreements provided Exxon with an enforceable lien against the Allen parties' interests in the HFU and entitled Exxon to restitution of the overcharges. Cf. Propstra v. United States, 680 F.2d at 1253-1254. We disagree. The relevant provisions petitioner refers to address the relationship between Exxon, as operator of the HFU, and the other working interest owners in the HFU. Thus, neither provision is applicable to the Allen parties who, in contrast, were royalty interest owners in the HFU. In addition, we note that no provision of the unit operating agreement is applicable to royalty interest owners, as the agreement only addresses the relationship between Exxon and the other working interest owners in the HFU. We also reject petitioner's attempt to find a lien within the Allen parties' oil and gas leases. The relevant provision in the leases stated, in pertinent part: 12For instance, shortly after filing its Federal estate tax return in July 1991, petitioner filed a document with the special master in the Jarvis Christian litigation objecting to Exxon's damage calculations.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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