In the sphere of land services, particularly within the oil, gas, and mineral sectors, the Master Land Services Contract (MLSC) serves as a foundational document delineating the agreement between a company seeking services and the contractor providing them. Effective from the date specified, it outlines the scope of services the contractor will furnish, which can range from the acquisition of leases to seismic permits, all framed within the ambit of customary industry practices. The arrangement encapsulated within this contract emphasizes the contractor's commitment to performing requested services in a professional manner, contingent upon specific work orders that detail project-specific requirements. These work orders take precedence in instances of conflict, ensuring that deliverables are clearly defined and prioritized according to each project's unique needs. Additionally, the MLSC addresses the relationship between the company and the contractor, explicitly stating that it does not constitute an employer-employee relationship. It further clarifies the financial and operational independence of the contractor, including matters related to indemnification, insurance, and compliance with applicable laws. The termination provisions, coupled with clauses on confidentiality, non-disclosure, and the avoidance of conflicts of interest, protect both parties' interests over the contract's duration and beyond. Notably, the contract allows for termination under specific conditions, ensuring flexibility and accountability. This document also includes detailed provisions on invoicing, payment, and the handling of any disputes, governed by the laws of the state specified in the contract. Through its comprehensive structure, the Master Land Services Contract provides a clear and enforceable framework for conducting land services, while ensuring the alignment of expectations and responsibilities between the company and the contractor.
Question | Answer |
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Form Name | Master Land Services Contract Form |
Form Length | 6 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 1 min 30 sec |
Other names | online masters in land policy, contract services master land, fillable owner carry land contract, services contract land master |
MLSC No.: _______
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MASTER LAND SERVICES CONTRACT |
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This Master Land Services Contract (the "Contract") is made and entered into effective this |
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day of |
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, 2000, between _________________________________________________, whose |
address is ________________________________________________________________, (“Company"),
and __________________________________________________________________________, whose
address is ______________________________________________________________, ("Contractor").
In consideration of the mutual covenants and agreements, and subject to the terms and conditions contained in this Contract, Company and Contractor agree as follows:
ARTICLE I. SERVICES PROVIDED BY CONTRACTOR
A.Contractor shall provide on a
B.The specific services to be provided in connection with any particular project shall be specified in a written Work Order in substantially the form of the attached Exhibit "A" (the "Work Order"). In the event of a conflict between this Contract and any term of the Work Order, the
specific terms of the Work Order shall control with respect to the services relating to the relevant project. In all other respects, and in the absence of a Work Order, the terms and provisions of this Contract shall control the relationship between Company and Contractor
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C.All work and services provided by Contractor pursuant to this Contract shall be performed according to the specifications of Company, in a good and
D.Neither party may assign, or transfer this Contract, or any part thereof, without the advance written consent of the other. Any permitted assignee, transferee, delegatee or
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ARTICLE II. RELATIONSHIP OF COMPANY AND CONTRACTOR
A.This Contract does not create an
B.Contractor, its employees, servants, agents, representatives or subcontractors shall not be entitled to any pension, health insurance, profit sharing or other benefits that Company provides for its employees.
C.In the event that a services provided by Contractor include the acquisition of oil, gas or mineral leases, minerals, royalties,
D.Company shall not be required to pay or withhold from any sums due to Contractor under this Contract any payroll taxes,
E.Except as provided in Article IV.C. below, nothing herein contained shall be deemed to prevent either party from engaging in other activities for profit, either in the oil and gas business or otherwise, or, separately or collectively with one or more of the other parties in the future. Except as expressly prohibited in this Contract, the parties recognize Contractor’s right to compete and/or to work for others.
ARTICLE III. TERM AND TERMINATION
A.This Contract shall continue in full force and effect until terminated as herein provided.
B.Either party may cancel this Contract without cause at any time by giving the other party thirty (30) days written notice.
C.Any Work Order, and additional or further services provided in connection therewith, may be canceled by Company without cause at any time upon forty eight (48) hours advance notice, which notice shall be promptly confirmed in writing, or by Contractor in the same manner upon ten (10) days advance notice.
D.Either party may immediately terminate this Contract or cancel any Work Order for good cause, which shall include (i) material breach of the terms hereof, (ii) conduct by one party exposing the
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other to potential liability to a third party for tort or contract damages, or (iii) occurrence of either an event or events reasonably beyond the control of the terminating party or the discovery of information not reasonably known at the time of this Contract or commencement of any Work Order, either of which renders continuation commercially unreasonable.
E.Termination of this Contract or cancellation of any Work Order shall not extinguish or diminish those rights and obligations of either Company or Contractor that may have accrued prior thereto.
ARTICLE IV. CONFIDENTIALITY,
A.Unless otherwise designated by Company, all
B.During the period that any Work Order is in effect, and for twelve months (12) thereafter, Contractor shall not negotiate for nor purchase oil, gas or mineral leases, royalties, fee or mineral interests, options for any of the foregoing, or seismic permits, nor perform for third parties any services which are the subject matter of this Contract, in the geographic area covered by the Work Order without Company’s written consent.
C.Contractor and Company agree that no employee of Company has a direct or indirect financial interest in Contractor's business. Company, its employees, directors or officers, may not request and shall not receive from Contractor any commissions, gifts or compensation of any type or value above that normally encountered in usual and customary business practices and exceeding either (i) those permitted under Company policy or (ii) what is permitted by applicable law.
ARTICLE V. MISCELLANEOUS
A.All funds advanced by Company to Contractor for use on Company’s behalf in connection with this Contract (the “Trust funds”) shall be held by Contractor as Trustee for the benefit of Company and shall be disbursed by Contractor only in the manner and amounts approved by Company. All Trust funds shall be deposited in a federally insured bank or savings account separate and apart from Contractor’s own funds, which account shall clearly be identified on the bank’s records as a trust account. Company shall have the right, at any time, to withdraw or demand repayment of all or any part of the Trust funds that have not been previously authorized for disbursement. Upon such demand, Contractor shall immediately pay to Company all of said Trust funds. All earned interest attributable to the Trust funds, if any, shall belong to Company. In the event of Contractor's death or incapacity, all remaining Trust funds shall be returned to Company immediately upon Company's request, and the bank or savings institution
shall be authorized to pay such funds directly to Company upon presentation of an original counterpart of this Contract and evidence of the correct amount of such funds. Upon either
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authorized disbursement of all Trust funds, or return to Company of all remaining Trust funds on hand, the trust established by this paragraph shall terminate. Contractor shall account to Company in writing on a monthly basis for all Trust funds. The Trust funds shall never be a part of Contractor's estate.
B.Company shall have the right at any time within two (2) years after making any payment hereunder to audit any and all records, books and invoices related thereto. This right survives the termination of this Agreement. Company's failure to timely exercise its audit rights shall in no event constitute a waiver of any of Company's rights under this Contract, or otherwise.
C.Contractor agrees to pay all claims for labor, material, services and supplies necessary to accomplish the work or service to be performed by Contractor, and Contractor agrees to allow no lien or charge to be fixed upon any lease or other property of Company.
D.Unless otherwise agreed, Contractor shall invoice Company no less often than monthly, nor more frequently than biweekly for fees and expenses incurred in accordance with the terms of this Contract. Company shall pay contractor’s invoices within twenty (20) days of receipt of invoice by Company. Contractor’s invoices which are not paid timely as provided herein shall bear interest monthly at the rate of 1 ½%, or the highest rate permitted by law, whichever is lower, until paid.
E.Contractor shall be solely responsible for all its own insurance and shall at all times maintain such types and amounts of insurance, including without limitation, automobile, general liability and worker’s compensation insurance, as may be reasonably required by Company. Contractor shall furnish to Company proof of required insurance upon request.
F.Contractor and Company each agree to defend, indemnify and hold harmless the other from any claims, losses, damages, attorneys fees, court costs, or reasonable expenses of litigation, arising out of the indemnifying party’s performance or
G.This Contract shall be governed by the laws of the State of _____________________, without reference to conflict of law rules or principles. All services provided pursuant to this Contract shall be performed in accordance with applicable laws, rules and regulations.
H.This Contract, and any related Work Order, constitutes the entire agreement of the parties. If any part of this Contract shall be unenforceable for any reason, the remaining parts of the Contract shall nevertheless be binding upon and inure to the benefit of the parties.
I.The failure of either Company or Contractor to exercise any of its rights under this Contract shall not constitute a waiver of such rights with respect to any future occurrence or breach of this Contract.
J.All notices required or permitted in connection with this Contract shall be delivered in the manner provided herein to the parties’ address above. Notices required to be in writing may be delivered by U.S. first class mail, properly addressed and with all postage paid, by courier, or by
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facsimile transmission. Unless otherwise specified herein, all notices shall be effective when received. Any party may change their address for notices in writing to the other party.
K.Contractor agrees that all of its services provided hereunder for the account of Company shall be conducted ethically in accordance with the Standards of Practice published by the American Association of Professional Landmen.
ARTICLE VI. EXECUTION
This Contract may be executed in any number of counterparts or duplicate originals, but shall not be binding upon any party hereto unless and until executed and accepted by all parties. When properly executed and accepted, this Contract shall be binding upon and inure to the benefit of Contractor and Company, their respective heirs, successors and assigns.
COMPANY |
CONTRACTOR |
By:______________________________ |
By:___________________________________ |
______________________________ |
___________________________________ |
(Printed name) |
(Printed name) |
______________________________ |
___________________________________ |
(Capacity) |
(Capacity) |
Telephone: |
Telephone: |
Fax: |
Fax: |
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MLSC No.: _______ |
WORK ORDER |
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Master Land Services Contract No.: _______________ |
Date: _____________ |
COMPANY: _________________________________________________________________________
CONTRACTOR: _____________________________________________________________________
Geographic Area where work is to be performed (if applicable):
State: _____________________________________
County: ___________________________________
(__) Plat Attached, and/or (__) Description as follows:
GENERAL DESCRIPTION OF SERVICES TO BE PERFORMED, SPECIAL INSTRUCTIONS and LIMITATIONS on AUTHORITY:
FEES CHARGEABLE BY CONTRACTOR:
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