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Expert Analysis

The Force (Majeure) May Be With ND Oil And Gas Lessees

By Mark Feczko, Travis Brannon and Ryan Steyer ( November 19, 2019, 4:13 PM EST) -- The North Dakota Supreme Court recently held, in Pennington v. Continental Resources, that a force majeure clause could toll the primary term of an oil and gas lease, even in the absence of initial operations or production.[1] Pennington may be instructive as courts across the United States continue to wrestle with the interplay between force majeure and habendum clauses during the primary term of a lease....

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