Problems may arise in one of the potential transaction structures described above. If farmee starts paying before obtaining all the necessary consents from third parties and before the transaction is concluded, farmee may be entitled to a refund (depending on the circumstances) if the transaction is ultimately not concluded. This scenario occurred when EnQuest obtained reimbursement of the money it paid into a trust account as part of the cancelled agreement with PA Resources to acquire a stake in the Didon oil field in Tunisia. In this case, a farm may consider the farmer`s financial ability to repay funds and the need for assistance or credit guarantee that are the source of this potential repayment. However, a farm must also be aware that claims for reimbursement and termination depend on the circumstances and conditions of the farm-out agreement. A farmer can, for example. B, argue that if the farm`s expenses had not been authorized by the farmer in the absence of an operating agreement with the farm, the farm should not be entitled to reimbursement for a failed operation. As in all negotiations, understanding the interests and motivations of the other side is the key to effective negotiation and proper structuring of a comprehensive agreement. If you know, you can also understand the other party`s best alternative to the negotiated agreement. You will be able to better assess how far the other party will be willing to give and negotiate the terms of the farmout agreement.
Below are the most common interests motivating farmors and farmees. The new AIPN farm-out model agreement refers to the following two types of thinking structures, which reflect the common transaction structures described above: the new agreement on the AIPN model form contains a reference to the cap on the costs of commitment of wages borne by the farm, which is a point of commercial bargaining. If there is no cap, the parties can clearly define what is within the commitment and what is not and how decisions that could follow costs are made. Parties can, for example. B, negotiate whether the unanticipated costs of post-spill clean-up fall within the scope of uncapped transportation. The parties can also examine how third parties, such as drilling companies. B, are hired and paid. Farmout agreements are effective risk management instruments for small oil companies. Without them, some oil fields would simply remain untapped because of the high risks to which each operator is exposed. In the oil and gas industry, a farmout contract is an agreement entered into as a “farmee” by the owner of one or more mining leases, known as a “farmer,” and by another company seeking a percentage of ownership of that lease or lease in exchange for services. The typical service described in the Farmout agreements is the drilling of one or more oil and/or gas wells.
A farmout agreement is different from a conventional transaction between two oil companies and Gaspées, because the main consideration is the provision of services and not the simple exchange of money.  Farm out agreements generally do not exist in a contractual vacuum. When there is more than one asset owner, they will generally settle their relationship with that asset under a joint enterprise agreement.