- Force majeure clause in contract for “firm” supply of natural gas from Texas to Arizona didn’t require seller to show Storm Uri made delivery impossible but did mandate proof that it used “due diligence” to protect its Permian Basin source and to tap other sources.
ambiguity
Offshore Royalty Owners Win Reprieve
By Barry Barnett on
Oil and gas cases seem to supply more than their share of fights about the meaning of contract terms. Why? We suspect it has something to do with money.
Take Total E&P USA, Inc. v. Kerr-McGee Oil & Gas Corp., No. 11-30038 (5th Cir. Mar. 12, 2013). In that case, two of three lessees…