Are there any legal requirements when negotiating an oil and gas transportation agreement?
Yes, there are legal requirements when negotiating an oil and gas transportation agreement in Virginia. Before a transportation agreement is executed, the parties must negotiate the key terms of the agreement, including the scope and term of the agreement, the route of transportation, the rates, fees, and other costs associated with the transportation, and any indemnity or insurance provisions. The Virginia Oil and Gas Act requires that transportation agreements be in writing, signed by the parties, and filed with the Virginia Oil and Gas Board. The board also requires that transportation agreements include certain provisions, such as an agreement to keep accurate records and accounts of all transportation activity, an agreement to provide the board with information related to the transportation agreement upon request, and a requirement that the agreement be subject to the terms and conditions of the Virginia Oil and Gas Act. The Virginia Oil and Gas Act also requires that parties to transportation agreements have a means for resolving disputes in a timely manner, such as mediation or arbitration. Additionally, parties to transportation agreements must include an implied covenant of good faith and fair dealing, which requires them not to act to deny either party their rights or benefits under the agreement. Finally, the Virginia Oil and Gas Board may review and approve transportation agreements prior to execution. The board will review the agreement for compliance with the Virginia Oil and Gas Act and any applicable laws or regulations. The board may then approve the agreement or require changes or additional information before approving it.
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