SEISMIC
DATA LEASE/LICENSE AGREEMENT
Perm-O-Penn Exploration is
making available to _________________ (Licensee/Lessee) for review the
below described geophysical data under the following terms and conditions:
Data Owner: Perm-O-Penn Exploration
Area: West Texas / Permian Basin State and County:______________________
Volume Name:
#Miles:
Cost/Mile:
Total Cost:
The seismic data which is the subject
of this Agreement is confidential and for licensee's/lessee's use only.
Said data shall not be given to, sold to, traded or otherwise made available
to third parties except under the following conditions: 1 . Such data may
be made available to a consultant for the purpose of performing an interpretation
for licensee/lessee only and upon completion of said interpretation all
data must be returned to licensee/lessee. 2 . The licensee/lessee shall
have the right to reveal this data and said interpretation made there from,
to third parties when endeavoring to make a bona fide contract with a third
party relating to specific drilling operations. In no case shall third
parties be allowed to copy the data, to have it in their possession outside
of the licensee's office, or to further disclose such information to others.
If available, field tapes and support data may be acquired under the terms
of this licensee/lease upon written request of licensee/lessee for a period
of one year and at licensee's/lessee's expense for all costs of reproduction
and delivery. Owner shall continue to have the exclusive right under all
agreements or contracts which govern said data to sell. trade, loan, lease,
use, or otherwise make available such seismic data information to other
parties. Perm-O-Penn Exploration makes no warranty as to the accuracy
or quality of the data and any reliance thereon by any party is at the
sole risk of said licensee/lessee. Licensee/lessee may not assign this
agreement or the rights to any data conveyed under this agreement to a
third party, in whole or in part, without the prior written consent of
owner. Licensee/Lessee may receive a legal assignment in recordable
format which will convey licensee's/lessee's rights hereunder. No provision
of this agreement shall be construed to constitute licensee/lessee or broker
as agent, servant or employee of owner and the relationship of owner, licensee/lessee
and broker shall be that of independent contractors. The licensing/leasing
charge is due and payable upon receipt of the data being conveyed along
with the appropriate shot point location maps and (_____is _____is not)
contingent upon subsequent receipt of other support information (tapes,
etc.). Licensee agrees to pay Perm-O-Penn Exploration in full the
entire sum of $____________ plus reproduction, shipping and handling
within thirty (30) days of the date of invoice. Perm-O-Penn Exploration
has taken the position that the transfer of the materials herein conveyed
pursuant to this agreement constitutes a 99 year lease and does not constitute
a sale of real property. Said transaction is not subject to federal, state
or local transaction taxes, including, but not limited to sales tax, use
tax or transfer tax. However, if federal, state or a local transaction
taxes are imposed on this transaction at any time, licensee/lessee hereby
agrees to indemnify, reimburse and hold harmless Perm-O-Penn Exploration
from any liability for such tax including any interest or penalty thereon
which may be determined to be due and owing. Signature of licensee's/lessee's
authorized representative below will indicate agreement to the terms and
conditions herein stated.
Licensee:__________________________
By:_______________________________
Title:_____________________________
Date:_____________________________