clauses to mean that natural gas is valued for royalty purposes at its wellhead location and condition. See Heritage Res., Inc. v. NationsBank, 939 S.W.2d 118, 122 (Tex.1996) (“Although it is not subject to the costs of production, royalty is usually subject to post-production costs, including taxes, treatment costs to render it marketable, and transportation costs.” (quotations and citations omitted)); see also Elliott Indus. Ltd. P’ship v. BP America Prod. Co., 407 F.3d 1091, 1109-10 (10th Cir.2005) (noting that “‘at the well’ royalty obligations do require royalty payments based on the unprocess 176, 565 N.W.2d 887, 894 (1997) (adopting the “at the well” rule because it “better conforms with the parties’ intent”); Montana Power Co. v. Kravik, 179 Mont. 87, 586 P.2d 298, 303 (1978) (<HOLDING>). As noted by the North Dakota Supreme Court,
holding that the market price is understood to mean the current market price being paid for gas at the well where it is produced holding merely that to the extent a breaching party claims that the appropriate measure of damages is the difference between the contract price and the market price it holds the burden of proving that there is in fact an available market for the goods in issue recognizing implied covenant to market gas holding that although the ngpa authorizes certain price ceilings for natural gas it is the gas sales contract not federal law that creates the right to receive any price at all holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach