nth. The party of the second part hereby covenants and agrees that in case of abandonment of any well, it shall and will use its best endeavors to shut off from the oil-bearing rock any and all water it may have encountered in drilling.
12th. It is further particularly understood and agreed that after the termination of the right of the party of the second part to sink additional wells or commence other new work on said premises hereunder, whether said right shall terminate prior to or upon the expiration of said term of ten years, said party of the second part shall have the right to retain, deepen, extend, clean out, repair, pump and otherwise work and operate all and singular the wells, tunnels and excavations completed, as herein defined, or commenced to be sunk or made by said party of the second part prior to the expiration of its right to commence new work hereunder and on which work is in progress, and to secure, remove, have, enjoy and market all and singular the oil and said other substances therefrom, so long as said works, or any thereof, shall produce oil, or any of said other substances, in quantities sufficient to pay to pump, or secure and save: and party of the first part hereby grants, confirms and extends to party of the second part, for such purposes, all and singular the rights, privileges, easements and interests heretofore described and granted to construct, erect, keep, maintain, and operate all water and sources of water supply, all roads, pipe lines, telephone lines, appliances, machinery, buildings and structures of whatever nature necessary or convenient for use in connection with the pumping or otherwise operating said wells and other works, and the developing, securing, removing and marketing such oil or other products, so long as said wells, tunnels, or excavations, or any thereof, shall produce oil, or any of said other substances, in quantities sufficient to pay to pump, or otherwise secure and save. And while the said party of the second part shall so operate any of such well or wells, the said parties of the first part shall not put down any well or otherwise operate for oil, or permit any other person, firm or corporation to so drill or operate, on said demised premises, within 600 feet of any of the wells drilled by said party of the second part. Such forfeiture or suspension of said rights shall be the only remedy reserved to said parties of the first part for breach of this agreement to drill said wells by said party of the second part.
13th. At the termination of the rights of the party of the second part hereunder, either in whole or in part, or on the final abandonment of said wells, or any thereof, drilled, or sunk hereunder, party of the second part shall have the right to remove from said premises any and all tubings, casings, rigs, pipes, machinery telephone lines, and any and all other appliances and structures of whatever nature owned by it, or placed by it upon said premises.
14th. The following covenants herein contained by and on behalf of party of the second part are of the essence of this contract, to-wit:
First: To pay and deliver the rent and royalty in and by this contract stipulated and required to be paid parties of the first part by party of the second part, of and from the crude petroleum oil and other hydrocarbon substances produced or secured and saved from said demised premises.
Second: To pump or otherwise operate wells and other works of party of the second part on and in said demised premises diligently and in a business-like manner, in accordance with the provision of this contract in that behalf.
And it is agreed that upon the material failure of party of the second part to keep and perform all or any one of said essential covenants, and upon the continuance of such material failure or default for a period of thirty (30) days after service of written notice given by parties of the first part to the party of the second part, particularly designating the matter or thing constituting such material failure or default, this lease and contract and all the rights, privileges, interests, easements, servitudes and hereditaments by it created and granted (excepting the rights and privileges hereinbefore contained for removal of property on the termination of this contract) shall forthwith cease and determine, and thereupon the parties of the first part may forthwith re-enter upon each and every portion of said demised premises affected hereby in possession of the party of the second part, and the same and every portion thereof have, hold and enjoy as if this instrument had never been executed.
15th. All of the provisions, covenants, agreements and stipulations herein contained, by which either one of the parties hereto is bound, shall in like manner be binding upon the successors and assigns of the party so bound; and those which are for the benefit of either of the parties shall in like manner inure to the benefit of the successors and assigns of the party so benefited.
In Witness Whereof, said parties of the first part have hereunto set their hands and seals, and said party of the second part has hereunto caused its corporate name and its corporate seal to be affixed by its President and its Secretary, thereunto duly authorized by a resolution of its Board of Directors, the day and year first hereinabove written.
Alfred Benton. (Seal)
Jane Benton, (Seal)
(Corporate Seal) Blue Bird Oil Company.
By Peter Prior, President. By Prester John, Secretary.
(To this lease should be attached ratification by stockholders of additional mining ground by lease, similar to like ratification shown in Form No. 19.)