top lease
top lease 重叠租赁;覆盖租赁;接续租约 指:1在前一租约尚未期满时签订的租赁,前后两项租赁的期限有所重叠;2后续的石油、天然气租赁中,含有在先存续的租约之一项或多项矿产权益;3对已受油气租约支配的财产再作租赁。通常重叠租赁只在原已存在的租约期满之时才授予权利。
top lease 重叠租赁;覆盖租赁;接续租约 指:1在前一租约尚未期满时签订的租赁,前后两项租赁的期限有所重叠;2后续的石油、天然气租赁中,含有在先存续的租约之一项或多项矿产权益;3对已受油气租约支配的财产再作租赁。通常重叠租赁只在原已存在的租约期满之时才授予权利。
Oil & gas. A lease granted on property already subject to an oil-and-gas lease. • Generally, any rights granted by a top lease are valid only if the existing lease ends. [Cases: Mines and Minerals 56. C.J.S. Mines and Minerals §§ 194–195, 233.]
release by estoppel 不容否认的免除 当事人不得主张因自己的疏忽而作出的免除责任的决定为非法或无效。例如在签署免除他人债务的文件时,有足够的机会仔细阅读而未阅读,即不得主张该免除文书无效。
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expense stop. A lease provision establishing the maximum expenses to be paid by the landlord, beyond which the tenant must bear all remaining expenses. [Cases: Landlord and Tenant 39. C.J.S. Landlord and Tenant § 234.]
estoppel certificate. 1. A signed statement by a party (such as a tenant or a mortgagee) certifying for another’s benefit that certain facts are correct, as that a lease exists, that there are no defaults, and that rent is paid to a certain date. • A party’s delivery of this statement estops that party from
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limbo time. The period when an employee is neither on duty nor off duty, as a railroad worker awaiting transportation from a duty assignment to the place of final release. 49 USCA § 21103(b)(4); Brotherhood of Locomotive Eng’rs v. Atchison, Topeka & Santa Fe R.R., 516 U.S. 152, 116 S.Ct. 595 (1996).
cessation-of-production clause. Oil & gas. A lease provision that specifies what the lessee must do to maintain the lease if production stops. • The purpose of the clause is to avoid the uncertainties of the tempo-rary-cessation-of-production doctrine. Cf. TEMPORARY-CESSATION-OF-PRODUCTION DOCTRINE . [Cases: Mines and Minerals 78.1(9). C.J.S. Mines and Minerals §§ 260–263.] “Many oil and
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Oil & gas. A lease provision that specifies what the lessee must do to maintain the lease if production stops. • The purpose of the clause is to avoid the uncertainties of the tempo-rary-cessation-of-production doctrine. Cf. TEMPORARY-CESSATION-OF-PRODUCTION DOCTRINE. [Cases: Mines and Minerals 78.1(9). C.J.S. Mines and Minerals §§ 260–263.]
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warranty clause. 1. A contractual clause containing a warranty. 2. Oil & gas. A provision in an oil-and-gas lease by which the lessor guarantees that title is without defect and agrees to defend it. • If the warranty is breached, the lessor may be held liable to the lessee to the extent that the lessor
survey, n. 1. A general consideration of something; appraisal (a survey of the situation). 2. The measuring of a tract of land and its boundaries and contents; a map indicating the results of such measurements (the lender requires a survey of the property before it will issue a loan). government survey. A survey made by