Pennsylvania Theft of Production - Prevention by Lessee

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US-OG-835
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.

Pennsylvania Theft of Production — Prevention by Lessee is a legal provision aiming to safeguard the interests of the lessor and prevent theft or unauthorized use of production equipment or machinery by lessees in the state of Pennsylvania. This provision is essential for both parties involved in the lease agreement and plays a significant role in fostering a mutually beneficial working relationship. Under this provision, lessees are legally obligated to take appropriate measures to prevent theft, damage, or misuse of the leased production equipment during the lease term. The prevention methods may include implementing security measures, such as surveillance systems, access controls, and alarms, to ensure the safety and integrity of the equipment. To comply with Pennsylvania Theft of Production — Prevention by Lessee, lessees must exercise due diligence and responsibility when handling the leased production equipment. They must ensure that the equipment is kept in a secure and controlled environment, accessible only to authorized personnel. Regular inspections to assess the condition and functioning of the equipment are also crucial to identify any potential issues or signs of theft or misuse. Theft of Production — Prevention by Lessee in Pennsylvania encompasses various types, including: 1. Equipment Theft Prevention: This involves the implementation of security measures primarily focused on preventing theft of the leased production equipment. Security systems, such as CCTV cameras, immobilizers, and tracking devices, may be employed to deter theft attempts and aid in recovery if stolen. 2. Damage Prevention: Lessees are responsible for preventing damages caused by improper use, negligence, or accidents. They must handle the equipment with care, operate it within specified guidelines, and promptly address any maintenance or repair needs to prevent further damage. 3. Unauthorized Use Prevention: Lessees are strictly prohibited from subleasing or allowing unauthorized individuals to operate the leased production equipment. They must ensure that only authorized personnel, adequately trained to handle the equipment, have access to it, preventing any misuse or unauthorized utilization. Pennsylvania Theft of Production — Prevention by Lessee places a significant emphasis on lessee accountability and compliance. In case of any theft, damage, or unauthorized use, lessees may be held liable for the losses incurred by the lessor. Therefore, lessees must understand and strictly adhere to the prevention requirements to maintain a positive relationship with the lessor, safeguard the equipment, and avoid legal and financial consequences.

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If the property damage is $950 or more, the case can be filed as a felony and is punishable by up to three years in state prison. If the property damage is less than $950, it will usually be filed as a misdemeanor and is punishable by up to one year in the county jail.

--Any person intentionally concealing unpurchased property of any store or other mercantile establishment, either on the premises or outside the premises of such store, shall be prima facie presumed to have so concealed such property with the intention of depriving the merchant of the possession, use or benefit of such ...

Section 3923.0 - Title 18 - CRIMES AND OFFENSES. § 3923. Theft by extortion. (7) inflict any other harm which would not benefit the actor.

Section 3929.0 - Title 18 - CRIMES AND OFFENSES. § 3929. Retail theft. (4) under-rings with the intention of depriving the merchant of the full retail value of the merchandise.

Misdemeanor of the first degree (M1) Retail Thefts Retail theft is graded as a (M1) when the offense is a first or second offense and the value of the merchandise is $150 or more. A misdemeanor of the first degree is punishable by a maximum of 5 years imprisonment and a $10,000 fine.

§ 3932. Theft of Leased Property. A person who obtains personal property under an agreement for the lease or rental of the property is guilty of theft if he intentionally deals with the property as his own.

§ 3924. Theft of property lost, mislaid, or delivered by mistake.

(a) Offense defined. --A person is guilty of theft if he intentionally receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with intent to restore it to the owner.

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Pennsylvania Theft of Production - Prevention by Lessee