Fillable North Dakota Indian Communitization Agreement (Page 3 of 4) in pdf

Production of communitized substances and disposal thereof shall be in conformity with

allocation, allotments, and quotas made or fixed by any duly authorized person or

regulatory body under applicable Federal or State statutes. This agreement shall be

subject to all applicable Federal and State laws or executive orders, rules and regulations,

and no party hereto shall suffer a forfeiture or be liable in damages for failure to comply

with any of the provisions of this agreement if such compliance is prevented by, or if

such failure results from, compliance with any such laws, orders, rules or regulations.

, upon execution by the

10. This Agreement shall be effective as of

necessary parties, notwithstanding the date of execution, and upon approval by the Secretary

of the Interior or by his duly authorized representative, and shall remain in force and effect

for a period of 2 years so long thereafter as communitized substances are produced from the

communitized area in paying quantities, provided, that prior to production in paying

quantities from the communitized area and upon fulfillment of all requirements of the

Secretary of the Interior, or his duly authorized representative, with respect to any dry hole

or abandoned well, this Agreement may be terminated at any time by mutual agreement of

the parties hereto. This Agreement and the leases committed to operations are commenced

on the communitized area within sixty (60) days of a cessation of production and are

thereafter conducted with reasonable diligence during the period of nonproduction.

11. The covenants herein shall be construed to be covenants running with the land with

respect to the communitized interests of the parties hereto and their successors in interests

until this agreement terminates and any grant, transfer, or conveyance of any such land or

interest subject hereto, whether voluntary or not, shall be and hereby is conditioned upon

the assumption of all obligations hereunder by the grantee, transferee, or other successor

in interest, and as to restricted Indian land shall be subject to approval by the Secretary of

the Interior, or his duly authorized representative.

12. It is agreed between the parties hereto that the Secretary of the Interior, or his duly

authorized representative, shall have the right of supervision over all operations within

the communitized area to the same extent and degree as provided in the oil and gas

leases in which owners of restricted Indian lands are the lessor and in the applicable oil

and gas regulations of the Department of the Interior.

13.

This agreement shall be binding upon the parties hereto and shall extend to and be

binding upon their respective heirs, executors, administrators, successors, and assigns.

14. This agreement may be executed in any number of counterparts, no one of which needs

to be executed by all parties, or may be ratified or consented to by separate instrument,

in writing, specifically referring hereto, and shall be binding upon all parties who have

executed such a counterpart, ratification or consent hereto with the same force and effect

as if all parties had signed the same document.

15. Insofar as concerns the undersigned parties who hold interests in the restricted Indian

in Exhibit “B” hereto, this

land which is described as Tract(s)

Agreement shall be subject to the approval of the Secretary of the Interior or his duly

authorized representative.

16.

In the performance of work under this Agreement, the operator and working interest

owners hereunder agree to comply with the nondiscrimination provisions of Executive

Order 11246 (30 F.R. 12319), as amended, except as this Agreement may be exempt from

the provision of Executive Order 11246 by-law or by reason of the provision of any lease

committed hereto, granting preference rights of employment to Indians.

ND INDIAN CA

revised 10/6/2014

North Dakota Indian Communitization Agreement Page 3

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