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In Endeavor Energy Resources, L.P. v. Energen Resources Corp. et al. the Supreme Court of Texas construed a continuous development clause in an oil and gas lease covering 11,300 acres in Howard County. After the primary term, lessee Endeavor could retain acreage by drilling a new well every 150 days. The clause gave Endeavor “ … the right to accumulate unused days in any 150-day term during the continuous development program in order to extend the next allowed 150-day term between the completion of one well and the driling of a subsequent well. After the primary term, Endeavor drilled 12 wells that extended the lease. Endeavor began drilling a 13th well 320 days after completing the preceding well. In the ensuing period Energen top-leased the supposedly non-retained parcels. Litigation ensued. ....
ADVERTISEMENT Texas Justices Side With Endeavor In Lease Termination Row Law360 (December 18, 2020, 6:55 PM EST) The Texas Supreme Court on Friday sided with Endeavor Energy Resources LP, finding lower courts wrongly determined its oil and gas lease was terminated after it busted through a deadline to drill a new well and saying the termination clause was ambiguous. The ruling undoes a trial court ruling and a 2018 Eleventh Court of Appeals ruling in favor of Energen Resources Corp. in the dispute over the 11,300-acre lease in Howard County. The lower court had held Endeavor s lease was terminated when it built new wells too slowly. ....