i'm not sure you can buy title insurance on G&O leases. never crossed that bridge before but i'm sure its available in some form whether by simple corporate guarantee or an insurance policy.
what i'm saying is that by omitting that clause, one could surmise and impute knowledge of a potentially fatal defect in the title.
this whole lawsuit revolves around an illegal farmout wherein one party sold or assigned something they had no right to sell to another party thus cutting the trust out of the revenue loop.
the legal term "scienter" would make both parties liable for the wrongful activity and responsible for damages to the offended.
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