Connecticut Express Covenants

State:
Multi-State
Control #:
US-OG-792
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

[1] An implied covenant of good faith and fair dealing requires every party in a contract to implement the agreement as intended, not using means to undercut the purpose of the transaction. The rule applies to the performance of a contract and not the negotiation of the agreement.

The courts in Connecticut have a long-standing policy of enforcing non-competes in order to protect an employer's interests and have long recognized that a restrictive covenant is a valuable business asset that is entitled to protection.

In order for a covenant to run with the land, however, two primary elements must be established: 1) the parties to the covenant intended it to run with the land, and 2) the covenant ?touches and concerns? the land (i.e. it must closely relate to the land, its use, or its enjoyment).

Covenants are agreements between multiple parties that create a legally binding agreement on how each party is to perform. Covenants can either promote activity to occur (positive covenant) or disallow an event or condition (negative covenant).

Although the burden of a positive covenant does not run with the land, there are various workarounds which can be adopted to ensure a similar outcome: Chains of indemnity. Compulsory renewed covenants supported with a restriction. Right of entry annexed to an estate rentcharge. Freehold right of re-entry.

Answer and Explanation: A restrictive covenant is a contract that curtails a borrow or issuer from certain operational and financial activities. For example, a restrictive covenant may enjoin a borrower not to exceed specified financial ratios or require the borrower to maintain certain liquidity levels.

A covenant that runs with a land is a covenant that transfers when ownership of the attached land transfer. The future owner of the property subject to a covenant that runs with the land is bound by that covenant.

The Buyer agrees that its obligations under these Covenants must bind all future buyers of the Land and indemnifies the Seller for any costs or damages it may suffer as a result of the future buyers not being so bound.

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Connecticut Express Covenants