In Endeavor Energy Resources, LP. v. Energen Resources Corp., 615 S.W.3d 144 (Tex. 2020), the Texas Supreme Court considered a 2006 oil and gas lease covering 11,300 acres in Howard County, Texas. The lease included a continuous development clause under which, after the end of the lease's three-year primary term, it would terminate as to any land not within a producing proration unit whenever "a subsequent well is not commenced within one hundred fifty (150) days from the completion of a preceding well," subject to a proviso that formed the basis for the parties' dispute: "Lessee shall have the right to accumulate unused days in any 150-day term during the continuous development program in order to extend the next allowed 150-day term between the completion of one well and the drilling of a subsequent well." Id. at 147.
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