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In general terms, the Pugh Clause provides that production from a unitized or pooled area located on or including a portion of the leased lands will not be sufficient to extend the primary term for the entire leasehold.
A Pugh Clause is enforced to ensure that a lessee can be prevented from declaring all lands under an oil and gas lease as being held by production. This remains true even when production only takes place on a fraction of the property.
An assignment of oil and gas lease is a contractual agreement between a landowner and an oil or gas company in which the company gains the right to explore for, develop, and produce oil and gas from the property.
Vertical Pugh Clause An example would be the following language: ??pool or combine lands from the surface of the earth to 7654 feet beneath the surface of the earth?? Does this mean that the normal Pugh Clause would require the release of deeper rights? Actually, there is case law on the subject and the answer is no.
The point of a retained-acreage provision is to be able to seek a new opportunity to lease unworked land to a different lessee, one who might do something productive with it. A Pugh clause is a negotiated provision in favor of the lessor. Pugh clauses modify pooling/unitization rights.
Gas Rights means all Landfill Gas and the rights to explore for, extract, gather, process, develop, measure, filter, produce, take and use or sell such Landfill Gas and the resulting Processed Gas Products and the rights of way, easements, permits and agreements necessary or desired to do so all as granted to Lessee.
A Pugh Clause terminates the lease as to the portions of the land that are not included in a unit if the lessee does not conduct independent operations. Therefore, the Pugh Clause requires the lessee to develop areas of the lease that are not included in a unit.
Usually added to the lease as an addendum, the pugh clause provides that at the end of the primary term (typically five years) the lease will terminate as to any acreage outside of a production unit.