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RELEASE: releases of property rights and/or other legal rights that the owner would otherwise be entitled to under law. RELEASE LEASE: releases of oil & gas lease rights that a person would otherwise be entitled to under law.
An executory contract is one where the debtor is a party but neither party has fulfilled its obligations under the contract. An unexpired lease is a common example of an executory contract ? the lessor has not given its leasehold for the full term of the lease yet, nor has the debtor paid for the full term.
Common remedies available are: actions for damages, injunction, cancellation of a document, quieting title, ejectment, specific performance, accounting, or. declaratory judgment.
Royalty Payment Clauses A royalty is agreed upon as a percentage of the lease, minus what was reasonably used in the lessee's production costs. This is stipulated in a Royalty Clause. The royalty is paid by the lessee to the owner of the mineral rights, the lessor in the lease.
What is the granting clause? The granting clause is the clause under which the owner of the oil and gas rights leases the oil and gas rights to the oil and gas company along with the right to develop the oil and gas on a specifically described piece of real estate.
executory contract, by contrast, is generally held to be a contract under which one or both of the parties have no remaining duties. An executory contract may be assumed or rejected by the debtor. executory contract is not subject to assumption or rejection.
With respect to mineral leases on federal lands (including OCS leases), the lease treatment has not been definitely adjudicated but the federal government asserts that it's leases are executory contracts (or leases) subject to § 365 of the Bankruptcy Code.
What are ?executory contracts? and ?unexpired leases?? An executory contract is a contract where both parties still have important things to do. An equipment lease is an executory contract. An unexpired lease is a lease that is ongoing like a car or truck lease or an apartment lease.