The difficult bit will be the costs since transfer; FAR has no contract with WPL, therefore WPL cannot sue FAR for costs, therefore WPL's only recourse will be damages against COP (I have limited legal knowledge but am pretty sure of that one) ..... one would assume COP could then seek recompense from FAR ..... but can it in its entirety?? .... Imagine this argument;
Mr COP; 'Your honour, FAR has now been able to exercise PE and therefore must pay us back all costs we have incurred by paying back WPL its damages claim'
Mr FAR; 'Your Honour we respectfully disagree, had COP allowed us to exercise our PE rights as should have been the case in the first instance, we would have been operator and chose as an example not to have drilled FS1, the only reason we had to pay 15% of FS1 is because we were not afforded our PE righ in the first place and therefore COP have actually caused us damages by us having to pay 15% of FS1' ..... A good Solicitor would have a field day twisting this back on COP.
Bet not many of ya's have thought of that argument .... maybe I should have been a solicitor like me Dad wanted lol
However, I'm not trying to say FAR won't have to pay for the costs since if PE succeeds, honestly wouldnt have a clue how it would play out it that eventuality, merely pointing out paying the osts since may not be as straight forward as would first appear.
Cheers
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