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To me, it's the idea that anything on addendum that I've agreed to can be changed by anyone without consulting me that rankles me. It's the principle of the thing.
If it's an offer, as Josie says, they still can't change it. If I make an offer to buy a house, the seller can't just add a zero to my offer and call it a deal. Changing the offer requires renegotiations, and that didn't happen.
I'd like to know if anyone can comment on the change made to my addendum:
Original (what I agreed to):"Non-surface: Lessor and Lessee hereby agree that this is a non-surface lease. Lessee shall not conduct any surface operations on the leased premises without the prior written consent of the Lessor."
Rewritten: "Non-surface with seismic permission: Notwithstanding anything to the contrary contained within the foregoing lease agreement, Lessor hereby agrees to allow seismographic testing to be conducted on the lands described hierein, but no further surface operations concerning drilling of an oil and/or gas well are permitted on the surface of the Lessor's property without the prior written consent of the Lessor."
The first was short and concise; the rewritten one threw in a lot of extra stuff...loopholes, I wonder..."concerning drilling of an oil and/or gas well" does NOT limit it enough for me. I don't want ANY surface activity except the ONE TIME seismic survey.
I don't know that *all* of the uses would be allowed. But I'd think something like seismic testing to see if the subsurface was suitable for sequestering CO2 would be.
The question is, just what is included-in/excluded-from "surface operations concerning drilling of an oil and/or gas well"?
Brian; have you read the Shell lease? Ancillary Rights, in the body of the lease allows: "geophysical operations, the drilling of wells, and the construction and use of roads, pipelines, tanks, water wells, disposal wells, injection wells, pits, electric and telephone lines...necessary buildings, tanks, towers, stations, or other structures...".
The only thing limited in the addendum is "no further surface operations concerning drilling of an oil and/or gas well". It doesn't limit all those other uses. Many of those uses are not concerned with the drilling of a well, but with cleaning, storage, transport of gas and by-products.
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