# Ark. Code Ann. § 15-72-1109: Waiver > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1109 ## Section - **Citation:** Ark. Code Ann. § 15-72-1109 - **Heading:** Waiver - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1109 ## Text (a) An interest owner is not required, as a condition or term of an agreement to sell or otherwise, to: (1) Waive, relinquish, or release an oil and gas lien or a right under this subchapter other than upon payment in full of the sales price; or (2) Agree to a provision that would apply the law of a state other than this state insofar as the law of the other state relates to rights under this subchapter. (b) A purported waiver, relinquishment, release, or provision required as a condition or term of agreement referenced under subsection (a) of this section is void as a matter of the public policy of this state. (c) Notwithstanding subsection (a) of this section, an interest owner or a representative may waive, relinquish, or release an oil and gas lien or a right under this subchapter or agree to a provision that would apply the law of a state other than this state insofar as the waiver, relinquishment, release, or agreement to a provision that would apply the law of the other state relates to rights under this subchapter only as to the interest owner's oil and gas right, if the first purchaser either: (1) Posts a letter of credit in a form and an amount satisfactory to the interest owner or representative; or (2) Agrees to a binding contractual arrangement satisfactory in form and substance to the interest owner or representative to prepay or escrow the sales price under an agreement to sell satisfactory in form and substance to the interest owner and performs all of the first purchaser's obligations under the binding contractual arrangement. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021. (a) An interest owner is not required, as a condition or term of an agreement to sell or otherwise, to: (1) Waive, relinquish, or release an oil and gas lien or a right under this subchapter other than upon payment in full of the sales price; or (2) Agree to a provision that would apply the law of a state other than this state insofar as the law of the other state relates to rights under this subchapter. (1) Waive, relinquish, or release an oil and gas lien or a right under this subchapter other than upon payment in full of the sales price; or (2) Agree to a provision that would apply the law of a state other than this state insofar as the law of the other state relates to rights under this subchapter. (b) A purported waiver, relinquishment, release, or provision required as a condition or term of agreement referenced under subsection (a) of this section is void as a matter of the public policy of this state. (c) Notwithstanding subsection (a) of this section, an interest owner or a representative may waive, relinquish, or release an oil and gas lien or a right under this subchapter or agree to a provision that would apply the law of a state other than this state insofar as the waiver, relinquishment, release, or agreement to a provision that would apply the law of the other state relates to rights under this subchapter only as to the interest owner's oil and gas right, if the first purchaser either: (1) Posts a letter of credit in a form and an amount satisfactory to the interest owner or representative; or (2) Agrees to a binding contractual arrangement satisfactory in form and substance to the interest owner or representative to prepay or escrow the sales price under an agreement to sell satisfactory in form and substance to the interest owner and performs all of the first purchaser's obligations under the binding contractual arrangement. (1) Posts a letter of credit in a form and an amount satisfactory to the interest owner or representative; or (2) Agrees to a binding contractual arrangement satisfactory in form and substance to the interest owner or representative to prepay or escrow the sales price under an agreement to sell satisfactory in form and substance to the interest owner and performs all of the first purchaser's obligations under the binding contractual arrangement. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021. ## Nearby sections - [Ark. Code Ann. § 15-72-1101 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1101.md) - [Ark. Code Ann. § 15-72-1102 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1102.md) - [Ark. Code Ann. § 15-72-1103 Nature, extent, and duration of oil and gas lien](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1103.md) - [Ark. Code Ann. § 15-72-1104 Perfection of oil and gas security interest](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1104.md) - [Ark. Code Ann. § 15-72-1105 Commingling](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1105.md) - [Ark. Code Ann. § 15-72-1106 Rights of purchasers](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1106.md) - [Ark. Code Ann. § 15-72-1107 Priority relative to other liens or security interests](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1107.md) - [Ark. Code Ann. § 15-72-1108 Legal title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1108.md) - [Ark. Code Ann. § 15-72-1109 Waiver](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1109.md) - [Ark. Code Ann. § 15-72-1110 Expiration of oil and gas lien - Enforcement - Joinder and consolidation - Costs - Personal actions - Other rights and remedies](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1110.md) - [Ark. Code Ann. § 15-72-1111 Rights of operator not impaired](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1111.md) - [Ark. Code Ann. § 15-72-1112 Rights cumulative](https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1112.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T15_C72_S11_S15-72-1109. Check the current official text before relying on it. Not legal advice.