In the 1980s, early or “classic” agricultural agreements covered drilling of a single well. Today, however, a typical agricultural agreement covers the possibility of drilling several wells. This requires a compatriot or lawyer to consider several additional conditions in the agreement. For example, the parties must consider the time between the conclusion of a well and the death of the second well. AIPN`s new farm-out model refers to the following two types of thinking structures, which reflect the common transaction structures described above: as with all negotiations, understanding the interests and motivations of the other party is the key to effective negotiation and proper structuring of a comprehensive agreement. If you know, you can also understand the other party`s best alternative to the negotiated agreement. You will be able to better assess how far the other party will be willing to give and negotiate the terms of the farmout agreement. Below are the most common interests motivating farmors and farmees. Farmout agreements are one of the most frequent agreements in the oil and gas system. The lack of form greatly complicates the design process. In addition, it is essential that the author have a solid understanding of each party`s negotiating positions and the various essential provisions and their variations.
Problems may arise in one of the potential transaction structures described above. If farmee starts paying before obtaining all the necessary consents from third parties and before the transaction is concluded, farmee may be entitled to a refund (depending on the circumstances) if the transaction is ultimately not concluded. This scenario occurred when EnQuest obtained reimbursement of the money it paid into a trust account as part of the cancelled agreement with PA Resources to acquire a stake in the Didon oil field in Tunisia. In this case, a farm may consider the farmer`s financial ability to repay funds and the need for assistance or credit guarantee that are the source of this potential repayment. However, a farm must also be aware that claims for reimbursement and termination depend on the circumstances and conditions of the farm-out agreement. A farmer can, for example. B, argue that if the farm`s expenses had not been authorized by the farmer in the absence of an operating agreement with the farm, the farm should not be entitled to reimbursement for a failed operation. As is the case in the oil and gas industry, we have developed a long dictionary of abbreviation. You can imagine a conversation like this, which I adapted from another great article on Farmouts This little linguistic conversation was taken from an article by John R. Scott, How to Prepare an Oil and Gas Farmout Agreement, 33 Baylor L.
Rev. 63 (1981). I also found this article quite informative as the overview, if you are interested. There is also the “farm development.” Business dynamics will determine who gets what in this type of farm, because it is essentially a sharing of risk and reward. The Farming-out party will have found that there are commercial oil and gas deposits, and it will sell part of its interest to the party in which the party is generally required to carry out all or part of the development work. A farm out contract acts as a kind of property purchase contract whereby a seller (the “farmer”) agrees to transfer part (but not all) of his share of an upstream asset to the buyer (the “Farmee”), in exchange for the buyer agreeing to take (or finance) work obligations such as the acquisition of seismic data or drilling equipment.