Common use of Interest or Interests Clause in Contracts

Interest or Interests. XTO Energy’s interest in the oil and gas leasehold estates or other interests set forth on Exhibit A and Exhibit A-1, together with XTO Energy’s interest in the following: (a) each Well located on the leases, units and land described on Exhibit A and Exhibit A-1, including, without limitation, the ▇▇▇▇▇ described on Exhibit A-2, which includes ▇▇▇▇▇ drilled from the leases conveyed pursuant to this Agreement that cross or bottomhole on leases not conveyed under this Agreement; (b) the easements, permits, licenses, surface and subsurface leases, rights-of-way, servitudes, and other surface and subsurface rights affecting the land and leases described on Exhibit A and Exhibit A-1, including those set forth on Exhibit B, Exhibit B-1 and Exhibit B-2; (c) material, equipment, facilities, and platforms, including but not limited to the platforms set forth on Exhibit B-3, in and on the land and used solely in connection with the use or operation of the leasehold estates and other interests described on Exhibit A and Exhibit A-1 for oil or gas purposes; (d) the facilities and pipelines located pursuant to the rights described in (b) above and used solely to market and/or process the production from the Interests; and (e) contracts to which the Interests are subject, including but not limited to agreements for sale or purchase of oil, gas, and other hydrocarbons, processing agreements, division orders, unit agreements, and operating agreements, including those set forth on Exhibit A-1. Any references to XTO Energy Accounting Codes are for XTO Energy use only and are not a part of the description of the Interests. The following are specifically excluded from the Interests: (f) reservations, exceptions and exclusions listed in Exhibits A and B; (g) pipelines, fixtures, equipment, and interests owned by third parties such as lessors, purchasers, or transporters of Oil or gas; (h) computer equipment (including Rosemont transmitters), telecommunications equipment, vehicles, boats, tools, pulling machines, and other equipment and material temporarily located on the Property or expressly excluded from the sale; (i) items specifically excluded in written information or correspondence provided to Buyer before the Execution Date; (j) any gas processing plant not listed on Exhibit A and Exhibit A-1; (k) personal property, fixtures, equipment, pipelines, facilities, and buildings located on the Property, but currently in use in connection with the ownership or operation of other property not included in the Interests; (l) Unless otherwise described on Exhibit A, if XTO Energy is a party to a joint operating agreement that affects an Interest, this Agreement is limited as to that Interest to the depths subject to the joint operating agreement (e.g., total depth, total depth plus 100 feet, base of formation penetrated by initial test well), but excludes depths previously conveyed and all depths not subject to a joint operating agreement; and (m) If XTO Energy owns unleased mineral interests purportedly within the Interests, those mineral interests are not included in the term “Interests” and will not be conveyed to Buyer. (n) XTO Energy and its Affiliates reserve and exclude from this Agreement all rights under that certain Lease Purchase Agreement dated effective January 22, 2002 by and between EEX Corporation (“EEX”) and Aviara Energy Corporation (“Aviara”), as amended April 1, 2005, by and between Newfield Exploration Gulf Coast, Inc. and ▇▇▇▇ Petroleum (AEC), Inc., as such agreements pertain to all depths from 17,000 feet down to 100,000 feet subsea and expressly reserve and exclude from this Agreement the five percent of eight-eights (5% of 8/8ths) overriding royalty interest reserved by Aviara in that certain Assignment of Operating Rights dated effective January 22, 2002 by and between Aviara and EEX. (o) Responsibility and liability for the proper payment of royalties to any governmental entity with respect to production attributable to the Interests prior to the Effective Time in the event prior payments to such governmental entity were improperly calculated.