The addendum to our Lease reads as follows:
"The terms contained in this addendum supplement and control the terms and provisions contained in the printed lease form to which this addendum is attached, anything to the contrary in the printed form notwithstanding."
Does that mean that if the lease states one thing and the addendum states something else, then the addendum overrides the lease?
Or is the wording such that it's a "cover all" meaning that an argument could be made for the lease or the addendum to be the overriding document?
It's certainly phrased to confuse.
Also, when I read the addendum, it appears to be a much more balanced document in terms of give and take to the Landowner and the Oil Company then the Lease.
Looks like one for the lawyers to pick apart.. Notwithstanding being the keyword.. I would feel better if it went something like: The following agreements and provisions shall supercede the printed form of the lease to which they are attached.
Most Leases (Addendums and Modifications) read as though they came out of the text of a book written by Lewis Carroll or Franz Kafka.
A bit sad when the reality is that a literate person needs to employ the services of an Attorney to "translate" one sentence written in legalese into comprehensible English.
There definitely awaits a special place for those lawyers who engage in this type of legal aid.
I think some attorneys use the power of writing like a car engineer does for job security . The only difference the car engineer tries to deny us the ability to work on our care!
"Does that mean that if the lease states one thing and the addendum states something else, then the addendum overrides the lease?"
Yes. That's what it means. Lawyers will claim I'm in error and offer countless excuses. But truth is they write stuff that way to enhance their employment prospects. Straight up, if lawyers were forced to write such things in plain English, we would need many fewer lawyers.
Addendums are used to override the terms in the standard printed forms that are out of date or do not meet the needs of the parties any longer. For instance, a 1/8th royalty in many printed forms was the market a long time ago. Now, the market is much higher, so the addendum is used to change the rate. That language you reference does mean the provisions in the addendum control over anything to the contrary in the printed form. I think the language you quote is clear and is commonly used. But I'm a lawyer, so maybe I'm just used to the legaleze.
Thanks for the info, you have just given me hope that I can get out of this lease extension and negotiate a new and mutually beneficial lease.
I'm sure it will be an uphill battle, but with all the info this site has made available, I'm ready to fight the fight. Land holders unite! Information is power!
Does your addendum say you can get out of the lease extension?
No, but I believe it allows me to declare the illegality of the oil company's claim to the lease in the first place, but I'll fill in the details later.