Virgin Islands Pugh Clause

State:
Multi-State
Control #:
US-OG-843
Format:
Word; 
Rich Text
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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.

The Virgin Islands Pugh Clause is a contractual provision that is commonly used in oil and gas leases to address the issue of lease termination and acreage retention. This clause is of utmost importance for both the lessor and the lessee, as it helps determine the rights and obligations of each party when it comes to the termination and retention of leased lands. The Virgin Islands Pugh Clause operates as a safeguard to prevent a lessee from holding large tracts of land without actively exploring or developing them. It ensures that the lessee is required to release any acreage that falls outside the productive or developed sections of the leased land, thereby allowing the lessor to lease those released areas to other interested parties. Types of Virgin Islands Pugh Clauses: 1. Standard Pugh Clause: The standard Pugh Clause dictates that if a lessee fails to fully explore and develop the leased land or fails to produce hydrocarbons in certain portions of the land, then the lessor has the right to terminate the lease with respect to those unproductive portions. Consequently, the lessee is only allowed to retain the portions of the land that have been developed or proven to be productive. 2. Depth Pugh Clause: The depth Pugh Clause focuses on the vertical extent of exploration and production. It allows the lessor to release the lessee from all depths below a certain level if the lessee fails to explore or produce hydrocarbons within that particular depth range. This clause ensures that the lessee does not retain the entire leased land while neglecting specific depths that may hold valuable resources. 3. Time Pugh Clause: The time Pugh Clause deals with the duration of leasehold interests. It permits the lessor to terminate the lease if the lessee fails to perform substantial work or produce hydrocarbons within a specified timeframe. This type of clause prevents indefinite retention of lands without any substantial activities, encouraging lessees to diligently and promptly develop leased areas. 4. Combination Pugh Clause: In some cases, a combination of the above-mentioned Pugh Clauses can be included in an oil and gas lease to provide comprehensive acreage retention guidelines. This ensures that both parties are protected and encourages efficient exploration and development practices. Overall, the Virgin Islands Pugh Clause is an essential component of oil and gas leases in the Virgin Islands. By clearly defining acreage retention requirements, it helps maintain a fair and sustainable oil and gas industry while allowing the lessor to benefit from untapped resources.

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FAQ

A phrase (usually contained in a Pugh clause in an oil & gas lease) that terminates the lease after the primary term as to all formations below a particular depth typically defined as the stratigraphic equivalent of the base of the deepest producing formation in the unit.

A Vertical Pugh Clause requires the Operator to release the rights below a defined vertical depth after the primary term of your lease expires. For example, all rights 100 feet below the deepest drilled depth or 100 feet below the deepest formation penetrated.

The Pugh Clause limits the rights of the lessee to hold only particular depths or amounts of leased property in a pooled unit after the expiration of the primary term. In Texas, production from any portion of a leased tract is deemed production from the entire tract.

LEGALLY ? a vertical pugh clause is one where all acreage outside of the well/unit boundaries must be released. LEGALLY ? a horizontal pugh clause is one where you must release acreage below a certain depth. However, these two terms are used interchangeably in the industry.

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.

Example of horizontal Pugh Clause A horizontal could offer a lease that spans certain acreage, including 30 acres across the property. This implies that a lessee would be able to access 30 acres of land across the drilled well, but no further.

The Pugh Clause ? A clause in the Oil and Gas Lease which modifies usual pooling language to provide that drilling operations on or production from a pooled unit will not preserve the whole lease.

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Virgin Islands Pugh Clause