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Sole Risk Provisions in Joint Operating Agreements for Unconventional Oil and Gas Development
Author(s) -
Rob Desbarats,
Jay Todesco,
Kate Royer
Publication year - 2016
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr472
Subject(s) - context (archaeology) , resource (disambiguation) , petroleum , joint (building) , energy law , unconventional oil , business , fossil fuel , economics , risk analysis (engineering) , industrial organization , operations research , environmental economics , computer science , political science , law , engineering , environmental law , chemistry , civil engineering , geology , computer network , paleontology , organic chemistry , waste management
This article discusses independent operations in the context of unconventional oil and gas resources. It considers how the Canadian Association of Petroleum Landmen (CAPL) and the Association of International Petroleum Negotiators (AIPN) have reacted to this. It provides a detailed analysis of the differences between the 2015 CAPL Operating Procedures and the 2014 AIPN Unconventional Resources Operating Agreement . Particular focus is given to permissible independent operations under each agreement, the timing of those independent operations, and the penalties given to a non-participating party. The article concludes by discussing the importance of drafting customized sole risk provisions in some situations, given that unconventional resource development often varies from project to project.

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