What are the rights and obligations of these tenants in their exploration and development activities? In Texas, any tenant can drill and produce oil and gas without the consent of other tenants.  Patrick H. Martin and Bruce M. Kramer, Williams and Meyers, Oil and Gas Law Abridged Fifth Edition, No. 503 (LexisNexis Matthew Bender 2013). However, the total risk of a dry hole is borne by this decision-makers, who also took into account the share of the production of the other tenants, net of its proportionate share of the costs of drilling, producing and operating the property. Unfortunately, the common law principles are not sufficiently clear about the costs that joint ventures can recover from non-operational roommates.  Allen Cummings, The Joint Operating Agreement – The Basics, The State Bar of Texas Oil, Gas and Energy Resources 101, Chapter 4, October, 2012, Houston, Texas A commentator surprisingly called it the “Cotenant Problem.”  Id. A joint enterprise agreement can solve this “co-tenant” problem and provide the parties with a contractual basis for understanding their rights and obligations.  Id. “If the operator commits or does not comply with or does not comply with a substantial breach of a material obligation contained in this agreement, the operator may also be removed by at least 60% by one of the non-operators who is entitled to a stake by notifying the operator in writing.” The operator is responsible for the day-to-day management and operation of the field. This is usually a single party with the greatest interest in the agreement.
However, it is not uncommon for a designated operator to have a minority in the agreement. Although the operator is entitled to full control over the operation, it is generally not paid. The operator`s main task is to carefully plan activities to increase the profitability of operations. However, it is not responsible for production or revenue losses resulting from its decisions, except in cases of gross negligence and/or intentional misconduct. The concession is one of the main interests that can be created. It is the agreement that transfers and transfers a certain interest in a property to another person. It has long been used in many parts of the world to transfer interests and resources on earth from one party to another. Interest is generally not a direct sale or purchase, but for a certain period of time, usually between the company and the state that has incorporated oil into its country. It does not include the complete transfer of the land, but it does mean that the owner gives permission to the company that wants to work in the countryside. Companies use joint enterprise agreements to legally assign and assess rights and obligations between JOA divestitures.
The JOA offers a structure for participation in mining activities and turnover. Each company under the contract also shares the risk of the business, so that no company or person bears the entire burden. Any contract, agreement, joint venture or other agreement between two or more companies in which the activity and physical entities of a failing company are merged, while each entity retains its separate entity status in terms of profits and individual orders. The Joint Operating Agreement (JOA) is widely used in the oil industry as a contractual framework for joint ventures on different continents and standards. The first part of this book deals with thoughts before entering an JOA, such as compliance with corruption laws; Standards, practices and procedures across the oil industry; the applicability of the JOAs and the understanding of decommissioning obligations.