Defined term

Primary Term

The fixed window — commonly 3 to 5 years — in which an operator must drill or otherwise establish production to keep an oil and gas lease alive.

The primary term is the fixed time period a lease gives the operator to get a well drilled. It is commonly 3 to 5 years, though terms can run shorter or longer depending on negotiation and how much the operator wants the acreage. If the operator does nothing during this window, the lease expires and the minerals return to the owner free and clear.

To keep the lease past the primary term, the operator generally must establish production — that is when the lease becomes held by production and continues into its secondary term. Some leases also let the operator keep an undrilled lease alive during the primary term by paying delay rentals.

A short primary term is friendlier to the mineral owner, because it forces the operator to act or release the acreage sooner.

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