The Ties That Bind: Preemptive Rights and Restraints on Alienation That Commonly Burden Oil and Gas Properties

This paper will address four contractual provisions that often come into play in the acquisition and disposition of oil and gas properties: preferential rights to purchase, maintenance of uniform interest, areas of mutual interest, and consents required for assignment. These provisions each address valid commercial purposes and when consciously and deliberately implemented, can reflect a negotiated allocation of value and risk among the parties to the various agreements where they are found. However, they are all long-lived, if not perpetual, and at some point when performance of, or compliance with, them is at issue, it will be in the interest of one party or a successor in interest that the provisions either not apply or not be enforced. Thus, there is a constant testing of the boundaries in the commercial arena and frequent legal challenges in the courts. Each of these four provisions share certain elements with others, so that common legal principles and bodies of law are relevant in establishing the boundaries and evaluating the inevitable challenges. Preferential rights to purchase and areas of mutual interest contemplate future vesting which implicates the Rule Against Perpetuities. Preferential rights, the maintenance of uniform interest provision, and consents as conditions to assignment are restraints on alienation which involve the common law Rule Against Unreasonable Restraints on Alienation. All of these provisions purport to burden real property, so that the Statute of Frauds and the law regarding covenants running with the land are relevant. This paper will not cover all of these issues in depth, but will attempt to identify relevant Texas cases that directly bear on the current status of these provisions

Ohio Guide for Land Application of Sewage Sludge

PDF pages: 1

Effects of synchronous music on treadmill running among elite triathletes

This is the post-print version of the final paper published in Journal of Science and Medicine in Sport. The published article is available from the link below. Changes resulting from the publishing process, such as peer review, editing, corrections, structural formatting, and other quality control mechanisms may not be reflected in this document. Changes may have been made to this work since it was submitted for publication. Copyright @ 2011 Elsevier B.V.Objectives: Music can provide ergogenic, psychological, and psychophysical benefits during physical activity, especially when movements are performed synchronously with music. The present study developed the train of research on synchronous music and extended it to elite athletes. Design: Repeated-measures laboratory experiment. Method: Elite triathletes (n = 11) ran in time to self-selected motivational music, a neutral equivalent and a no-music control during submaximal and exhaustive treadmill running. Measured variables were time-to-exhaustion, mood responses, feeling states, RPE, blood lactate concentration, oxygen consumption and running economy. Results: Time-to-exhaustion was 18.1% and 19.7% longer, respectively, when running in time to motivational and neutral music, compared to no music. Mood responses and feeling states were more positive with motivational music compared to either neutral music or no music. RPE was lowest for neutral music and highest for the no-music control. Blood lactate concentrations were lowest for motivational music. Oxygen consumption was lower with music by 1.0%–2.7%. Both music conditions were associated with better running economy than the no-music control. Conclusions: Although neutral music did not produce the same level of psychological benefits as motivational music, it proved equally beneficial in terms of time-to-exhaustion and oxygen consumption. In functional terms, the motivational qualities of music may be less important than the prominence of its beat and the degree to which participants are able to synchronise their movements to its tempo. Music provided ergogenic, psychological and physiological benefits in a laboratory study and its judicious use during triathlon training should be considered.QAS Centre of Excellence for Applied Sport Science Researc

Magnetic Gaps related to Spin Glass Order in Fermionic Systems

We provide evidence for spin glass related magnetic gaps in the fermionic density of states below the freezing temperature. Model calculations are presented and proposed to be relevant for explaining resistivity measurements which observe a crossover from variable-range- to activated behavior. The magnetic field dependence of a hardgap and the low temperature decay of the density of states are given. In models with fermion transport a new metal-insulator transition is predicted to occur due to the spin-glass gap, anteceding the spin glass to quantum paramagnet transition at smaller spin density. Important fluctuation effects due to finite range frustrated interactions are estimated and discussed.Comment: 4 pages, 1 Postscript figure, revised version accepted for publication in Physical Review Letter

Burst statistics in Alcator C-Mod SOL turbulence

Bursty fluctuations in the scrape-off layer (SOL) of Alcator C-Mod have been analyzed using gas puff imaging data. This reveals many of the same fluctuation properties as Langmuir probe measurements, including normal distributed fluctuations in the near SOL region while the far SOL plasma is dominated by large amplitude bursts due to radial motion of blob-like structures. Conditional averaging reveals burst wave forms with a fast rise and slow decay and exponentially distributed waiting times. Based on this, a stochastic model of burst dynamics is constructed. The model predicts that fluctuation amplitudes should follow a Gamma distribution. This is shown to be a good description of the gas puff imaging data, validating this aspect of the model.Comment: 8 pages, 6 figure

Can a Lattice String Have a Vanishing Cosmological Constant?

We prove that a class of one-loop partition functions found by Dienes, giving rise to a vanishing cosmological constant to one-loop, cannot be realized by a consistent lattice string. The construction of non-supersymmetric string with a vanishing cosmological constant therefore remains as elusive as ever. We also discuss a new test that any one-loop partition function for a lattice string must satisfy.Comment: 14 page

A Comprehensive Thermal‐Hydraulic Model of an Open‐Cycle Gas Core Nuclear Rocket

A thermal‐hydraulic model of an open‐cycle gas core nuclear rocket is developed. The two‐dimensional Navier‐Stokes equations, the energy equation, and the species diffusion equation are solved for high temperature two‐species gas flow. A description of the model and the method of solution is presented, as well as the results for a cylindrical gas core reactor design. The results provide valuable insight into the fluid flow and species mixing within an open‐cycle gas core nuclear rocket.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/87616/2/473_1.pd

Kentucky Terrain

The terrain of Kentucky has been shaped by geologic forces and the underlying rocks.Tectonic forces lifted, bent, and buckled the rocks–originally formed from sediments on shallow sea floors or swampy lowlands. Weathering and erosion shaved the hills and dissected the plains, exposing at the surface a cross section of rocks 250 to 500 million years old. The sands, gravels, silts, and clays of the Jackson Purchase Region are younger, remnants of a time when the sea lapped at the confluence of the Mississippi and Ohio Rivers. The landforms in Kentucky are the result of the differential weathering of interbedded sandstones, siltstones, shales, and limestones. Sandstones and siltstones resist erosion, limestones dissolve along cracks and crevices, and shales break down quickly when exposed to air and water. Areas dominated by sandstones and siltstones tend to have hills with steep sides. As the shale content increases, the landscape becomes more rounded, with wide stream valleys. Areas underlain by limestone may have few surface streams (karst topography) and gently rolling land. As the shale content in the rocks increases relative to limestone, the land becomes hillier. Natural resources–coal, oil, natural gas, soils–are the products of geologic history and vary from region to region. In turn, the ecology and economy of the different regions of Kentucky are distinctive. To learn more about the rocks and terrain typical of your area, find the region you live in on the map and then go to the associated text and picture group for that region (color-coded frame and header block matches the map region color)

A neutronic study of the open-cycle gas core nuclear

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/77172/1/AIAA-1994-2896-348.pd