A Pugh Clause, also known as a Freestone Rider, is a provision added to an oil and gas lease that serves to limit the duration of the lease specifically to the pooled acreage. This rider is crucial for lessors seeking to sever the pooled acreage from the rest of the land under lease, ensuring that production on the pooled area alone maintains the lease. This form allows for tailored adjustments to the standard lease terms based on specific concerns of the lessor, differentiating it from other lease provisions.
This form is utilized when entering into an oil and gas lease and you want to impose specific limitations on the pooled acreage. It is particularly important if you have concerns about long-term lease obligations while only a portion of the land is actively producing. Consider using this form if you wish to ensure that operations on the pooled land preserve the lease, without extending the lease terms unnecessarily over non-producing areas.
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A vertical Pugh Clause could provide a lease to a particular depth, such as 100 feet below the drilled well. The lessee would be limited to drilling to 100 feet but no further. Conceivably, the lessor could lease property below that range to another entity.
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.