XOG Operating, LLC and Geronimo Holding Corporation v. Chesapeake Exploration Limited Partnership and Chesapeake Exploration, LLC

For the reasons I will outline briefly, I am unable to, agree with my colleagues’ reading of. the retained acreage language in the assignment. The retained acreage clause reads; in part, as follows:

Upon the expiration of the Primary Term- of this Assignment ... this As*30signment and all rights created" hereunder shall terminate as to all lands and depths covered hereby. Said lease shall revert to Assignor, save and except that portion of said lease included within the proration or pooled unit of each well drilled under this Assignment and producing or capable of producing oil and/or gas- in…