Force Majeure Lease Termination

The issue in this case was whether the force majeure clause in an oil and gas lease operated to extend the primary term. Representing the owner of the minerals, we obtained summary judgment holding that the lesseeā€™s efforts to obtain requisite governmental permits were, as a matter of law, insufficient to trigger the force majeure clause and extend the primary term. We obtained a declaratory judgment that the lease terminated, allowing the owner to sign a new, more favorable, lease with another operator.

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