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Primary Term and Delay Rentals The first term is called the primary term. It has a fixed duration as set forth in paragraph 2 of the lease. Generally, it is a negotiated two to five years.
The surface use agreement will specify what the oil and gas company or operator can do on the landowner's land in developing the oil and gas, where development can take place, and what compensation the landowner will receive.
The primary term is usually for a set amount of years, 1, 3, 5, 7 or 10 years. The secondary term normally takes effect once the primary term has expired and the condition(s) set forth in the term clause, or habendum clause, of your oil and gas lease for the secondary term to take effect is satisfied.
The royalty percentage is usually 12.5% to 15% but can change based on regional regulations or negotiations. Types of Leases: There are different types of oil and gas leases, and they affect royalty calculations differently.
Oil and Gas leasing is a contract through which a landowner sanctions the exploration for and production of oil and gas on their land in exchange for an agreed royalty price.
Oil and gas lessees retain royalties on all production from their lease. The mineral rights owners receive a royalty interest since drilling and production costs are not deducted from it. Most oil and gas royalty interests are expressed as fractions or percentages.