Common use of Description of the Facilities Clause in Contracts

Description of the Facilities. Subject to the terms hereof, the facilities covered by this Agreement are more particularly identified in Schedule 1.3(A) (the facilities, the personalty, fixtures and real property associated therewith are referred to herein as, individually, a “Facility” and collectively, the “Facilities,” and the real property on which such personalty and fixtures are located may be singularly referred to as the “Premises”). Upon mutual agreement of the parties, other facilities and premises may be added to the terms of this Agreement. It is understood and agreed by the parties that the Facilities subject to this Agreement exclude Third Party Operator Assets and Owner-Operated Assets as defined and described in Schedule l.3(A). Title to, and ownership of, the Facilities and Premises shall remain vested in Owner, Owner’s subsidiary(ies) or Owner’s lessee(s), as applicable. Title to any new Facility or Premises or improvement or replacement to any existing Facility which is obtained or constructed pursuant to this Agreement, and with particularity Article 4, shall vest automatically in Owner, Owner’s subsidiary(ies) or Owner’s lessee(s), as applicable, without any other action necessary hereunder. 3. The parties agree to work in good faith to transition all remaining services (by asset area) provided under the Operating Agreement by August 1, 2013, however, Owner may require additional support for selected services (to be determined by Owner) beyond August 1, 2013. This Agreement shall terminate on the earlier to occur of (a) December 1, 2013 or (b) an earlier date determined by Regency and communicated to Operator by written notice. Except as amended by this Second Amendment, the Agreement shall remain unmodified and in full force and effect. This Second Amendment shall be governed by and construed and interpreted in accordance with the laws of the State of Texas, without giving effect to the conflicts of law provisions or rules (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. This Second Amendment may be executed by facsimile signatures and such signatures shall be deemed binding for all purposes hereof without delivery of an original signature being thereafter required. This Second Amendment may be executed in one or more counterparts, each of which, when executed, shall be deemed to be an original and all of which together shall constitute one and the same documents.