Unless you exclude yourself from the Settlement Class, if the Settlement is approved, you will be a participating Class Member. As a participating Class Member, you will receive any portion of the Net Settlement Fund allocated to you and will be bound by all orders and judgments entered by the Court regarding the Settlement. If the Settlement is approved, you will not be able to sue, continue to sue, or be part of any other lawsuit against any of the Released Parties concerning any of the Released Claims.
If the Court enters a final order approving the Settlement, all Class Members, on behalf of the “Releasing Parties,” will release any “Released Claims” they have against the “Released Parties.” This means that if you remain a member of the Settlement Class, any and all claims related to unpaid royalty on natural gas used as fuel to power compressors and other machinery and equipment in gathering systems and/or gas plant operations during the Claim Period will be released and discharged.
“Claim Period” means between January 1, 2013 and November 30, 2019.
“Released Claims” include all claims and damages (statutory, contract, tort, equitable, punitive, interest, and other relief) that the Releasing Parties may have against the Released Parties related to underpaid, unpaid and incorrectly paid royalty on gas used off the lease premises and/or in the manufacture of products (hereafter, “Fuel Gas”). Without limiting the foregoing, the Released Claims include any and all claims that were, or that could have been, asserted in this Litigation. The release shall extend to and include Defendants and their affiliates, subsidiaries, predecessors, successors, officers, directors, employees, insurers, and attorneys. The release also shall extend to and include all claims, demands, actions, causes of action, allegations, rights, obligations, costs, losses, and damages arising in whole or in part at any time from January 1, 2013 through November 30, 2019 from or in connection with acts or omissions of Defendants or any of the other Released Parties of any and every kind or nature, whether in law or in equity, whether in tort or contract, whether arising under any statute or regulation, whether known or unknown, based upon the claims that were, or could have been, asserted in the Litigation. Released Claims specifically include, without limitation, all claims and alleged damages relating to Oklahoma royalty payments made or obligations that arose in whole or in part from January 1, 2013 through November 30, 2019 regarding: (a) any failure to pay, underpayment, incorrectly paid or delay in paying royalty on Fuel Gas; (b) any payment of royalty on Fuel Gas that was less than the amount owed; (c) any interest owed on any payment, underpayment, incorrect payment or non-payment of royalty on Fuel Gas; (d) any misrepresentation, omission or breach regarding the amount of royalty owed on Fuel Gas or that royalty was, in fact, owed on Fuel Gas; (e) any misrepresentation, omission or breach regarding the value, volume or price of Fuel Gas; (f) any breach of contractual, statutory or other obligation topay royalty on Fuel Gas or the full volume of gas leaving a lease; (g) any breach of any check stubreporting statute, including the Production Revenue Standards Act, relating to or arising out of theobligation to pay royalty on Fuel Gas; (h) any alleged fraud, intentional or negligent misconduct,constructive fraud, deceit, concealment, unjust enrichment, disgorgement, accounting, actualdamages, punitive damages, statutory damages, and injunctive relief relating to or arising out of theobligation to pay royalty on Fuel Gas that arose in whole or in part from January 1, 2013 to November30, 2019 in connection with Oklahoma oil and gas production.
“Released Parties” means Defendants; their predecessors, successors, heirs, assignors, and assignees; and any past and present affiliates, directors, officers, employees, attorneys, agents, consultants, servants, stockholders, members, representatives, subsidiaries, insurers, and affiliates of the foregoing persons or entities.
“Releasing Parties” means Plaintiff and the Class Members; their predecessors, successors, heirs, assignors, and assignees; and any past and present affiliates, officers, employees, attorneys, agents, consultants, servants, stockholders, members, representatives, subsidiaries, and affiliates of such persons or entities.