Measurement Devices. (a) Gatherer shall construct, install, own and operate the Measurement Devices located at the Receipt Points other than the Shipper Meters. The Measurement Devices installed by Gatherer shall be, subject to Shipper’s approval of such location, as close as practicable to the applicable Well or Well Pad. Shipper shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Receipt Points (such Measurement Devices installed, owned and operated by Shipper or Noble, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with Gatherer’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with Gatherer’s Measurement Devices at the Receipt Points. Gather may elect to use a Shipper Meter as the Measurement Device for a Receipt Point in lieu of constructing, installing, owning and operating a Measurement Device located at such Receipt Point by providing written notice to Shipper. If Gatherer elects to use such Shipper Meter as the Measurement Device for a Receipt Point, Shipper shall provide Gatherer reasonable access to such Shipper Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Meter. (b) Gatherer shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices. (c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used: (i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association Report No. 3), Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereof. (ii) Electronic Transducers and Flow Computers (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof. (iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof. (d) Gatherer may, but shall not be obligated to, replace or make any alterations to the Measurement Devices necessary to comply any subsequent amendments, revisions or modifications of the American Gas Association Reports cited above. (e) The accuracy of all owned Measurement Devices will be verified by Gatherer at bi-annual intervals and, if requested, in the presence of a representative of Shipper. Gatherer shall verify the accuracy of any owned Measurement Device before the next bi-annual verification required by the preceding sentence if Shipper requests a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas at any Receipt Point or Delivery Point average 15,000 MSCF per Day or greater during any Month, the accuracy of the Measurement Devices at such Receipt Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 2% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any Measurement Device is found to be inaccurate by more than 2% of a recording corresponding to the average hourly flow rate for the period since the last test, such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error) and any previous recordings of such Measurement Device will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) of the time elapsed since the date of the latest test, but not to exceed 45 Days when the Measurement Device is tested quarterly and not to exceed 180 Days when the Measurement Device is tested bi-annually. If Shipper desires a special test of any Measurement Device, at least 72 hours’ advance notice will be given to Gatherer by Shipper, and both Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 2% or less, Gatherer will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ for the costs incurred due to such special test, including any labor and transportation costs, and Shipper will pay such costs promptly upon invoice therefor. (f) If requested by Shipper the Measurement Devices shall include a sufficient number of data ports, and Gatherer shall permit Shipper to connect to such data ports, as shall be required to provide to Shipper on a real-time basis all measurement data generated by such measurement equipment. Shipper shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. (g) The charts and records by which measurements are determined shall be available for the use of both Parties in fulfilling the terms and conditions thereof. Each Party shall, upon request of the other, mail or deliver for checking and calculation all volume and temperature meter records in its possession and used in the measurement of Gas delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof. (h) Each Party shall preserve or cause to be preserved for mutual use all test data, charts or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
Appears in 2 contracts
Sources: Gathering Agreement (CONE Midstream Partners LP), Gathering Agreement (CONE Midstream Partners LP)
Measurement Devices. (a) Gatherer Midstream Co shall construct, install, own own, and operate (or cause to be constructed, installed, and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Midstream Co may, in its discretion, construct, install, own, and operate (or cause to be constructed, installed, and operated) Measurement Devices installed located at or upstream of the Delivery Points or at or downstream of the Receipt Points.
(b) Midstream Co shall cause all Measurement Devices that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Producer shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Measurement Points, Receipt Points (such Measurement Devices and Delivery Points. Producer shall cause Producer Meters to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of seventy-two (72) hours’ notice to Midstream Co, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with GathererMidstream Co’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with GathererMidstream Co’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association Report No. 3), Orifice Metering of Natural Gas a manner which is agreeable to all parties involved and Other Hydrocarbon Fluids, Second Edition, dated September 1985, satisfies local and any subsequent amendments, revisions or modifications thereofstate regulation.
(iif) Electronic Transducers and Flow Computers Midstream Co may (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of Applicable Law. With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the American Gas Association Reports cited aboveMeasurement Devices necessary to comply with subsequent amendments, revisions or modifications of Applicable Law.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points, and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 100 Barrels per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 2% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any Measurement Device is found to be inaccurate by more than 2% of a recording corresponding to the average hourly flow rate for the period since the last test(excessive meter factor deviation), such Measurement Device will immediately be adjusted removed from service, adjusted, calibrated, repaired or replaced to record accurately (within the manufacturer’s allowance for error) and any reproved prior to returning to service. If the excessive meter factor deviation can be explained by changing conditions (gravity, temperature or flow-rate) no corrective action may be taken if mutually agreed upon by both the Owner and the Beneficiary. Any previous recordings of such Measurement Device with an excessive meter factor deviation will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) by using the arithmetic average of the time elapsed since malfunction factor and the previous factor shall be applied to the production measured through the meter between the date of the latest test, but not to exceed 45 Days when previous factor and the Measurement Device is tested quarterly date of the malfunction factor. The proving report must clearly indicate the meter’s malfunction factor and not to exceed 180 Days when all remarks associated with the Measurement Device is tested bi-annuallyrepairs or adjustments. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 2% or less, Gatherer the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume measurement data, including flowing parameters, characteristics, constants, configurations and temperature meter records events in its possession and used in the measurement of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts data or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
Appears in 2 contracts
Sources: Produced Water Services Agreement (Noble Midstream Partners LP), Produced Water Services Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer Midstream Co shall construct, install, own own, and operate (or cause to be constructed, installed, and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Midstream Co may, in its discretion, construct, install, own, and operate (or cause to be constructed, installed, and operated) Measurement Devices installed located at or upstream of the Delivery Points or at or downstream of the Receipt Points.
(b) Midstream Co shall cause all Measurement Devices that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Producer shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Measurement Points, Receipt Points (such Measurement Devices and Delivery Points. Producer shall cause Producer Meters to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of seventy-two (72) hours’ notice to Midstream Co, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with GathererMidstream Co’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with GathererMidstream Co’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association Report No. 3), Orifice Metering of Natural Gas a manner which is agreeable to all parties involved and Other Hydrocarbon Fluids, Second Edition, dated September 1985, satisfies local and any subsequent amendments, revisions or modifications thereofstate regulation.
(iif) Electronic Transducers and Flow Computers Midstream Co may (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of Applicable Law. With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the American Gas Association Reports cited aboveMeasurement Devices necessary to comply with subsequent amendments, revisions or modifications of Applicable Law.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points, and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 100 Barrels per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any (i) Measurement Device at the Measurement Point is found to be inaccurate by 22.0% or less or (ii) Measurement Device at the Delivery Point is found to be inaccurate by 0.25% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any (1) Measurement Device at the Measurement Point is found to be inaccurate by more than 2.0% or (2) Measurement Device at the Delivery Point is found to be inaccurate by more than 0.25% of a recording corresponding to the average hourly flow rate for the period since the last test(excessive meter factor deviation), such Measurement Device will immediately be adjusted removed from service, adjusted, calibrated, repaired or replaced to record accurately (within the manufacturer’s allowance for error) and any reproved prior to returning to service. If the excessive meter factor deviation can be explained by changing conditions (gravity, temperature or flow-rate) no corrective action may be taken if mutually agreed upon by both the Owner and the Beneficiary. Any previous recordings of such Measurement Device with an excessive meter factor deviation will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) by using the arithmetic average of the time elapsed since malfunction factor and the previous factor shall be applied to the production measured through the meter between the date of the latest test, but not to exceed 45 Days when previous factor and the Measurement Device is tested quarterly date of the malfunction factor. The proving report must clearly indicate the meter’s malfunction factor and not to exceed 180 Days when all remarks associated with the Measurement Device is tested bi-annuallyrepairs or adjustments. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 22.0% or less or 0.25% or less, Gatherer as applicable, the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume measurement data, including flowing parameters, characteristics, constants, configurations and temperature meter records events in its possession and used in the measurement of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts data or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
(k) So long as the Parties to this Agreement are also parties to a Transaction Document that covers Crude Oil, the requirements for Measurement Devices in respect of Recovered Oil shall be covered by such Transaction Document. If at any time the Parties to this Agreement are not also party to another Transaction Document that covers Crude Oil, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the requirements for Measurement Devices pertaining to Recovered Oil; absent such agreement, Midstream Co shall install and maintain measuring equipment at the Delivery Points that is in accordance with applicable API standards.
Appears in 2 contracts
Sources: Texas Produced Water Services Agreement (Noble Midstream Partners LP), Texas Produced Water Services Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer shall construct, install, own and operate the Measurement Devices located at the Receipt Points other than the Shipper Meters. The Measurement Devices installed by Gatherer shall be, subject to Shipper’s approval of such location, as close as practicable to the applicable Well or Well Pad. Shipper shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Receipt Points (such Measurement Devices installed, owned and operated by Shipper or NobleShipper, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with Gatherer’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with Gatherer’s Measurement Devices at the Receipt Points. Gather Gatherer may elect to use a Shipper Meter as the Measurement Device for a Receipt Point in lieu of constructing, installing, owning and operating a Measurement Device located at such Receipt Point by providing written notice to Shipper. If Gatherer elects to use such Shipper Meter as the Measurement Device for a Receipt Point, Shipper shall provide Gatherer reasonable access to such Shipper Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Meter.
(b) Gatherer shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association Report No. 3), Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereof.
(ii) Electronic Transducers and Flow Computers (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, replace or make any alterations to the Measurement Devices necessary to comply any subsequent amendments, revisions or modifications of the American Gas Association Reports cited above.
(e) The accuracy of all owned Measurement Devices will be verified by Gatherer at bi-annual intervals the frequency provided in the Measurement Table and, if requested, in the presence of a representative of Shipper. Gatherer shall verify the accuracy of any owned Measurement Device before the next bi-annual verification required by the preceding sentence if Shipper requests a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas at any Receipt Point or Delivery Point average 15,000 MSCF per Day or greater during any Month, the accuracy of the Measurement Devices at such Receipt Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 2% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any Measurement Device is found to be inaccurate by more than 2% of a recording corresponding to the average hourly flow rate for the period since the last test, such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error) and any previous recordings of such Measurement Device will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) of the time elapsed since the date of the latest test, but not to exceed 45 Days when the Measurement Device is tested quarterly and not to exceed 180 Days when the Measurement Device is tested bi-annually. If Shipper desires a special test of any Measurement Device, at least 72 hours’ advance notice will be given to Gatherer by Shipper, and both Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 2% or less, Gatherer will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ for the costs incurred due to such special test, including any labor and transportation costs, and Shipper will pay such costs promptly upon invoice therefor.
(f) If requested by Shipper the Measurement Devices shall include a sufficient number of data ports, and Gatherer shall permit Shipper to connect to such data ports, as shall be required to provide to Shipper on a real-time basis all measurement data generated by such measurement equipment. Shipper shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(g) The charts and records by which measurements are determined shall be available for the use of both Parties in fulfilling the terms and conditions thereof. Each Party shall, upon request of the other, mail or deliver for checking and calculation all volume and temperature meter records in its possession and used in the measurement of Gas delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(h) Each Party shall preserve or cause to be preserved for mutual use all test data, charts or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.of
Appears in 2 contracts
Sources: Gathering Agreement (CONE Midstream Partners LP), Gathering Agreement (CONE Midstream Partners LP)
Measurement Devices. (a) Gatherer shall construct, install, own and operate the Measurement Devices located at the Receipt Points other than the Shipper Meters. The Measurement Devices installed by Gatherer shall be, subject to Shipper’s approval of such location, as close as practicable to the applicable Well or Well Pad. Shipper shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Receipt Points (such Measurement Devices installed, owned and operated by Shipper or NobleCNX, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with Gatherer’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with Gatherer’s Measurement Devices at the Receipt Points. Gather may elect to use a Shipper Meter as the Measurement Device for a Receipt Point in lieu of constructing, installing, owning and operating a Measurement Device located at such Receipt Point by providing written notice to Shipper. If Gatherer elects to use such Shipper Meter as the Measurement Device for a Receipt Point, Shipper shall provide Gatherer reasonable access to such Shipper Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Meter.
(b) Gatherer shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association Report No. 3), Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereof.
(ii) Electronic Transducers and Flow Computers (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, replace or make any alterations to the Measurement Devices necessary to comply any subsequent amendments, revisions or modifications of the American Gas Association Reports cited above.
(e) The accuracy of all owned Measurement Devices will be verified by Gatherer at bi-annual intervals and, if requested, in the presence of a representative of Shipper. Gatherer shall verify the accuracy of any owned Measurement Device before the next bi-annual verification required by the preceding sentence if Shipper requests a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas at any Receipt Point or Delivery Point average 15,000 MSCF per Day or greater during any Month, the accuracy of the Measurement Devices at such Receipt Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 2% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any Measurement Device is found to be inaccurate by more than 2% of a recording corresponding to the average hourly flow rate for the period since the last test, such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error) and any previous recordings of such Measurement Device will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) of the time elapsed since the date of the latest test, but not to exceed 45 Days when the Measurement Device is tested quarterly and not to exceed 180 Days when the Measurement Device is tested bi-annually. If Shipper desires a special test of any Measurement Device, at least 72 hours’ advance notice will be given to Gatherer by Shipper, and both Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 2% or less, Gatherer will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ for the costs incurred due to such special test, including any labor and transportation costs, and Shipper will pay such costs promptly upon invoice therefor.
(f) If requested by Shipper the Measurement Devices shall include a sufficient number of data ports, and Gatherer shall permit Shipper to connect to such data ports, as shall be required to provide to Shipper on a real-time basis all measurement data generated by such measurement equipment. Shipper shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(g) The charts and records by which measurements are determined shall be available for the use of both Parties in fulfilling the terms and conditions thereof. Each Party shall, upon request of the other, mail or deliver for checking and calculation all volume and temperature meter records in its possession and used in the measurement of Gas delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(h) Each Party shall preserve or cause to be preserved for mutual use all test data, charts or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
Appears in 2 contracts
Sources: Gathering Agreement (CONE Midstream Partners LP), Gathering Agreement (CONE Midstream Partners LP)
Measurement Devices. (a) Gatherer Midstream Co shall construct, install, own own, and operate (or cause to be constructed, installed, and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Midstream Co may, in its discretion, construct, install, own, and operate (or cause to be constructed, installed, and operated) Measurement Devices installed located at or upstream of the Delivery Points or at or downstream of the Receipt Points.
(b) Midstream Co shall cause all Measurement Devices that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Producer shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Measurement Points, Receipt Points (such Measurement Devices and Delivery Points. Producer shall cause Producer Meters to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to Midstream Co, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with GathererMidstream Co’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with GathererMidstream Co’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters meter used:
(i) Orifice Meters – in accordance with ANSI/API 2530 Manual of Petroleum Measurement Standard, Chapter 6.1, Metering Assemblies, Lease Automatic Custody Transfer (American Gas Association Report No. 3LACT), Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereof.
(ii) Electronic Transducers and Flow Computers API, MPMS, Spec 11N, Specification for Lease Automatic Custody Transfer (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.LACT)
(iiif) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 Midstream Co may (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above. With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 100 Barrels per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any (i) Measurement Device at the Measurement Point is found to be inaccurate by 22.0% or less or (ii) Measurement Device at the Delivery Point is found to be inaccurate by 0.25% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any (1) Measurement Device at the Measurement Point is found to be inaccurate by more than 2.0% or (2) Measurement Device at the Delivery Point is found to be inaccurate by more than 0.25% of a recording corresponding to the average hourly flow rate for the period since the last test(excessive meter factor deviation), such Measurement Device will immediately be adjusted removed from service, adjusted, repaired or replaced to record accurately (within the manufacturer’s allowance for error) and any reproved prior to returning to service. If the excessive meter factor deviation can be explained by changing conditions (gravity, temperature or flow-rate) no corrective action may be taken if mutually agreed upon by both the Owner and the Beneficiary. Any previous recordings of such Measurement Device with an excessive meter factor deviation will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) by using the arithmetic average of the time elapsed since malfunction factor and the previous factor shall be applied to the production measured through the meter between the date of the latest test, but not to exceed 45 Days when previous factor and the Measurement Device is tested quarterly date of the malfunction factor. The proving report must clearly indicate the meter’s malfunction factor and not to exceed 180 Days when all remarks associated with the Measurement Device is tested bi-annuallyrepairs or adjustments. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 22.0% or less or 0.25% or less, Gatherer as applicable, the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume volume, BS&W, and temperature gravity, average flowing temperature, average flowing pressure and other meter or test records in its possession and used in the measurement or allocation of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts data or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
(k) So long as the Parties to this Agreement are also parties to a Transaction Document that covers Gas, the requirements for Measurement Devices in respect of Flash Gas shall be covered by such Transaction Document. If at any time the Parties to this Agreement are not also party to another Transaction Document that covers Gas, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the requirements for Measurement Devices pertaining to Flash Gas; absent such agreement, Midstream Co shall install and maintain measuring equipment at the Delivery Points that is in accordance with applicable API standards.
Appears in 2 contracts
Sources: Crude Oil Gathering Agreement (Noble Midstream Partners LP), Texas Crude Oil Gathering Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer Midstream Co shall construct, install, own own, and operate (or cause to be constructed, installed, and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Midstream Co may, in its discretion, construct, install, own, and operate (or cause to be constructed, installed, and operated) Measurement Devices installed at Retention Facilities and at other points in the Individual System.
(b) Midstream Co shall cause all Measurement Devices that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable Law, resource industry standards, and governmental regulations, as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Producer shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Measurement Points, Receipt Points (such Measurement Devices and Delivery Points. Producer shall cause Producer Meters to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to Midstream Co, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with GathererMidstream Co’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with GathererMidstream Co’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association Report No. 3), Orifice Metering of Natural Gas a manner which is agreeable to all parties involved and Other Hydrocarbon Fluids, Second Edition, dated September 1985, satisfies local and any subsequent amendments, revisions or modifications thereofstate regulation.
(iif) Electronic Transducers and Flow Computers Midstream Co may (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any applicable Law, resource industry standards, and governmental regulations. With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of the American Gas Association Reports cited aboveapplicable Law, resource industry standards, and governmental regulations.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points, and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas at any Receipt Point or Delivery Point average 15,000 MSCF per Day or greater during any Month, the accuracy of the Measurement Devices at such Receipt Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 2% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Fresh Water under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any Measurement Device is found to be inaccurate by more than 2% of a recording corresponding to the average hourly flow rate for the period since the last test(excessive meter factor deviation), such Measurement Device will immediately be adjusted removed from service, adjusted, calibrated, repaired or replaced to record accurately (within the manufacturer’s allowance for error) and any reproved prior to returning to service. If the excessive meter factor deviation can be explained by changing conditions (gravity, temperature or flow-rate) no corrective action may be taken if mutually agreed upon by both Owner and Beneficiary. Any previous recordings of such Measurement Device with an excessive meter factor deviation will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) by using the arithmetic average of the time elapsed since malfunction factor and the previous factor shall be applied to the production measured through the meter between the date of the latest test, but not to exceed 45 Days when previous factor and the Measurement Device is tested quarterly date of the malfunction factor. The proving report must clearly indicate the meter’s malfunction factor and not to exceed 180 Days when all remarks associated with the Measurement Device is tested bi-annuallyrepairs and adjustments. If Shipper Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 2% or less, Gatherer the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The charts Each Party shall make the data and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume and temperature other meter and test records in its possession and used in the measurement and allocation of Gas Fresh Water delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meterperiod. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts data or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
Appears in 2 contracts
Sources: Fresh Water Services Agreement (Noble Midstream Partners LP), Fresh Water Services Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer Midstream Co shall construct, install, own own, and operate (or cause to be constructed, installed, and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Midstream Co may, in its discretion, construct, install, own, and operate (or cause to be constructed, installed, and operated) Measurement Devices installed located at or upstream of the Delivery Points or at or downstream of the Receipt Points.
(b) Midstream Co shall cause all Measurement Devices that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Producer shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Measurement Points, Receipt Points (such Measurement Devices and Delivery Points. Producer shall cause Producer Meters to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to Midstream Co, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with GathererMidstream Co’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with GathererMidstream Co’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters meter used:
(i) Orifice Meters – in accordance with ANSI/API 2530 Manual of Petroleum Measurement Standard, Chapter 6.1, Metering Assemblies, Lease Automatic Custody Transfer (American Gas Association Report No. 3LACT), Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereof.
(ii) Electronic Transducers and Flow Computers API, MPMS, Spec 11N, Specification for Lease Automatic Custody Transfer (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.LACT)
(iiif) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 Midstream Co may (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above. With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 100 Barrels per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 20.25% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any Measurement Device is found to be inaccurate by more than 20.25% of a recording corresponding to the average hourly flow rate for the period since the last test(excessive meter factor deviation), such Measurement Device will immediately be adjusted removed from service, adjusted, repaired or replaced to record accurately (within the manufacturer’s allowance for error) and any reproved prior to returning to service. If the excessive meter factor deviation can be explained by changing conditions (gravity, temperature or flow-rate) no corrective action may be taken if mutually agreed upon by both the Owner and the Beneficiary. Any previous recordings of such Measurement Device with an excessive meter factor deviation will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) by using the arithmetic average of the time elapsed since malfunction factor and the previous factor shall be applied to the production measured through the meter between the date of the latest test, but not to exceed 45 Days when previous factor and the Measurement Device is tested quarterly date of the malfunction factor. The proving report must clearly indicate the meter’s malfunction factor and not to exceed 180 Days when all remarks associated with the Measurement Device is tested bi-annuallyrepairs or adjustments. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 20.25% or less, Gatherer the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume volume, BS&W, and temperature gravity, average flowing temperature, average flowing pressure and other meter or test records in its possession and used in the measurement or allocation of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts data or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
(k) So long as the Parties to this Agreement are also parties to a Transaction Document that covers Gas, the requirements for Measurement Devices in respect of Flash Gas shall be covered by such Transaction Document. If at any time the Parties to this Agreement are not also party to another Transaction Document that covers Gas, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the requirements for Measurement Devices pertaining to Flash Gas; absent such agreement, Midstream Co shall install and maintain measuring equipment at the Delivery Points that is in accordance with applicable API standards.
Appears in 2 contracts
Sources: Crude Oil Gathering Agreement (Noble Midstream Partners LP), Crude Oil Gathering Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer Except as provided in Section 4.1(d) below, Midstream Co shall construct, install, own and operate (or cause to be constructed, installed and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Midstream Co may, in its discretion, construct, install, own and operate (or cause to be constructed, installed and operated) Measurement Devices installed located at or upstream of the Delivery Points or at or downstream of any Receipt Point.
(b) Midstream Co shall cause all Measurement Devices that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Each Party shall have the right, at its sole expense, to install, own and operate (or cause to be constructed, installed and operated) “check meter” Measurement Devices located at the Measurement Points, Receipt Points and Delivery Points for which the other Party is responsible for the controlling Measurement Device (such i.e., the Measurement Device on which Monthly settlement statements will be based). Each Party shall cause its “check meter” Measurement Devices to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to the other Party, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with Gathererthe other Party’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with Gathererthe other Party’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters meter used:
(i) Orifice Meters – in accordance with ANSI/API 2530 Manual of Petroleum Measurement Standard, Chapter 6.1, Metering Assemblies, Lease Automatic Custody Transfer (American Gas Association Report No. 3LACT), Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereof.
(ii) Electronic Transducers and Flow Computers API Manual of Petroleum Measurement Standard, Spec 11N, Specification for Lease Automatic Custody Transfer (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereofLACT).
(iiif) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 Midstream Co may (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports specifications cited abovein Section 4.1(e). With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the or the specifications cited in Section 4.1(e).
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 100 Barrels per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any (i) Measurement Device at the Measurement Point is found to be inaccurate by 22.0% or less or (ii) Measurement Device at the Delivery Point is found to be inaccurate by 0.25% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any (1) Measurement Device at the Measurement Point is found to be inaccurate by more than 2.0% or (2) Measurement Device at the Delivery Point is found to be inaccurate by more than 0.25% of a recording corresponding to the average hourly flow rate for the period since the last test(excessive meter factor deviation), such Measurement Device will immediately be adjusted removed from service, adjusted, repaired or replaced to record accurately (within the manufacturer’s allowance for error) and any reproved prior to returning to service. If the excessive meter factor deviation can be explained by changing conditions (gravity, temperature or flow-rate) no corrective action may be taken if mutually agreed upon by both the Owner and the Beneficiary. Any previous recordings of such Measurement Device with an excessive meter factor deviation will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) by using the arithmetic average of the time elapsed since malfunction factor and the previous factor shall be applied to the production measured through the meter between the date of the latest test, but not to exceed 45 Days when previous factor and the Measurement Device is tested quarterly date of the malfunction factor. The proving report must clearly indicate the meter’s malfunction factor and not to exceed 180 Days when all remarks associated with the Measurement Device is tested bi-annuallyrepairs or adjustments. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 22.0% or less or 0.25% or less, Gatherer as applicable, the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume volume, BS&W, and temperature gravity, average flowing temperature, average flowing pressure and other meter or test records in its possession and used in the measurement or allocation of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts data or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
(k) So long as the Parties to this Agreement are also parties to a Transaction Document that covers Gas, the requirements for Measurement Devices in respect of Flash Gas shall be covered by such Transaction Document. If at any time the Parties to this Agreement are not also party to another Transaction Document that covers Gas, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the requirements for Measurement Devices pertaining to Flash Gas; absent such agreement, Midstream Co shall install and maintain measuring equipment at the Delivery Points that is in accordance with applicable American Gas Association standards.
Appears in 1 contract
Sources: Texas Crude Oil Gathering Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer Except as provided in Section 4.1(d) below, Midstream Co shall construct, install, own, and operate (or cause to be constructed, installed and operated) the Measurement Devices located at the Measurement Points. Midstream Co may, in its discretion, construct, install, own and operate the (or cause to be constructed, installed and operated) Measurement Devices located at or upstream of the Delivery Points or at or downstream of any Receipt Points other than the Shipper Meters. The Point.
(b) Midstream Co shall cause all Measurement Devices installed that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Each Party shall have the right, at its sole expense, to install, own and operate (or cause to be constructed, installed and operated) “check meter” Measurement Devices located at the Measurement Points, Receipt Points and Delivery Points for which the other Party is responsible for the controlling Measurement Device (such i.e., the Measurement Device on which Monthly settlement statements will be based). Each Party shall cause its “check meter” Measurement Devices to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to the other Party, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with Gathererthe other Party’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas Product pulsation problems or Gas Product quality problems (such as sand or water) that may interfere with Gathererthe other Party’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association AGA Report No▇▇. 3)▇, ▇▇▇ ▇▇.▇ ▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇, part 2, Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Fourth Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereofApril 2000.
(ii) Electronic Transducers and Flow Computers (solar and otherwise) – in accordance with the applicable American Gas Association and API Manual of Petroleum Measurement Standard 21.1 standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof7.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(df) Gatherer may, Midstream Co may (but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above. With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points, and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification - 24 - required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 1,000 Mcf per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 2% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement; provided that, but if such Measurement Device will immediately be is adjusted to record accurately (within the manufacturer’s allowance for error), then the previous readings of such Measurement Device will be corrected to zero error for any period during which an inaccurate reading is known to have occurred or such other period as agreed between the Parties. If, upon any test, any Measurement Device is found to be inaccurate by more than 2% of a recording corresponding to the average hourly flow rate for the period since the last test, such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error) and any previous recordings of such Measurement Device will be corrected to zero error for any period during which an inaccurate reading is known definitely to have occurred or such other period as agreed uponbetween the Parties. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2(1/2) of the time elapsed since the date of the latest most recent test, but not to exceed 45 Days when the Measurement Device is tested quarterly and not to exceed 180 Days when the Measurement Device is tested bi-annually. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 2% or less, Gatherer the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume measurement data, including flowing parameters, characteristics, constants, configurations and temperature meter records events in its possession and used in the measurement of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
(k) So long as the Parties to this Agreement are also parties to a Transaction Document that covers Crude Oil, the requirements for Measurement Devices in respect of Drip Condensate shall be covered by such Transaction Document. If at any time the Parties to this Agreement are not also party to another Transaction Document that covers Crude Oil, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the requirements for Measurement Devices pertaining to Drip Condensate; absent such agreement, Midstream Co shall install and maintain liquids measuring equipment at the Delivery Points that is in accordance with applicable API standards.
Appears in 1 contract
Sources: Gas Gathering Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer Except as provided in Section 4.1(d) below, Midstream Co shall construct, install, own own, and operate (or cause to be constructed, installed, and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Midstream Co may, in its discretion, construct, install, own, and operate (or cause to be constructed, installed, and operated) Measurement Devices installed at Retention Facilities and at other points in the Individual System.
(b) Midstream Co shall cause all Measurement Devices that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable Law, resource industry standards, and governmental regulations, as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Each Party shall have the right, at its sole expense, to install, own and operate (or cause to be constructed, installed and operated) “check meter” Measurement Devices located at the Measurement Points, Receipt Points and Delivery Points for which the other Party is responsible for the controlling Measurement Device (such i.e., the Measurement Device on which Monthly settlement statements will be based). Each Party shall cause its “check meter” Measurement Devices to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to the other Party, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with Gathererthe other Party’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with Gathererthe other Party’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association Report No. 3), Orifice Metering of Natural Gas a manner which is agreeable to all parties involved and Other Hydrocarbon Fluids, Second Edition, dated September 1985, satisfies local and any subsequent amendments, revisions or modifications thereofstate regulation.
(iif) Electronic Transducers and Flow Computers Midstream Co may (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any applicable Law, resource industry standards, and governmental regulations. With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of the American Gas Association Reports cited aboveapplicable Law, resource industry standards, and governmental regulations.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points, and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas at any Receipt Point or Delivery Point average 15,000 MSCF per Day or greater during any Month, the accuracy of the Measurement Devices at such Receipt Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 2% or less, less previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Fresh Water under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any Measurement Device is found to be inaccurate by more than 2% of a recording corresponding to the average hourly flow rate for the period since the last test(excessive meter factor deviation), such Measurement Device will immediately be adjusted removed from service, adjusted, calibrated, repaired or replaced to record accurately (within the manufacturer’s allowance for error) and any reproved prior to returning to service. If the excessive meter factor deviation can be explained by changing conditions (gravity, temperature or flow-rate) no corrective action may be taken if mutually agreed upon by both Owner and Beneficiary. Any previous recordings of such Measurement Device with an excessive meter factor deviation will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) by using the arithmetic average of the time elapsed since malfunction factor and the previous factor shall be applied to the production measured through the meter between the date of the latest test, but not to exceed 45 Days when previous factor and the Measurement Device is tested quarterly date of the malfunction factor. The proving report must clearly indicate the meter’s malfunction factor and not to exceed 180 Days when all remarks associated with the Measurement Device is tested bi-annuallyrepairs and adjustments. If Shipper Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 2% or less, Gatherer the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The charts Each Party shall make the data and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume and temperature other meter and test records in its possession and used in the measurement and allocation of Gas Fresh Water delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meterperiod. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts data or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
Appears in 1 contract
Sources: Fresh Water Services Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer Except as provided in Section 4.1(d) below, Midstream Co shall construct, install, own and operate (or cause to be constructed, installed and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Midstream Co may, in its discretion, construct, install, own and operate (or cause to be constructed, installed and operated) Measurement Devices installed located at or upstream of the Delivery Points or at or downstream of any Receipt Point.
(b) Midstream Co shall cause all Measurement Devices that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Each Party shall have the right, at its sole expense, to install, own and operate (or cause to be constructed, installed and operated) “check meter” Measurement Devices located at the Measurement Points, Receipt Points and Delivery Points for which the other Party is responsible for the controlling Measurement Device (such i.e., the Measurement Device on which Monthly settlement statements will be based). Each Party shall cause its “check meter” Measurement Devices to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to the other Party, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with Gathererthe other Party’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with Gathererthe other Party’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters meter used:
(i) Orifice Meters – in accordance with ANSI/API 2530 Manual of Petroleum Measurement Standard, Chapter 6.1, Metering Assemblies, Lease Automatic Custody Transfer (American Gas Association Report No. 3LACT), Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereof.
(ii) Electronic Transducers and Flow Computers API, Manual of Petroleum Measurement Standard, Spec 11N, Specification for Lease Automatic Custody Transfer (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereofLACT).
(iiif) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 Midstream Co may (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(d) Gatherer may, but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports specifications cited abovein Section 4.1(e). With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the specifications cited in Section 4.1(e).
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 100 Barrels per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 20.25% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any Measurement Device is found to be inaccurate by more than 20.25% of a recording corresponding to the average hourly flow rate for the period since the last test(excessive meter factor deviation), such Measurement Device will immediately be adjusted removed from service, adjusted, repaired or replaced to record accurately (within the manufacturer’s allowance for error) and any reproved prior to returning to service. If the excessive meter factor deviation can be explained by changing conditions (gravity, temperature or flow-rate) no corrective action may be taken if mutually agreed upon by both the Owner and the Beneficiary. Any previous recordings of such Measurement Device with an excessive meter factor deviation will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) by using the arithmetic average of the time elapsed since malfunction factor and the previous factor shall be applied to the production measured through the meter between the date of the latest test, but not to exceed 45 Days when previous factor and the Measurement Device is tested quarterly date of the malfunction factor. The proving report must clearly indicate the meter’s malfunction factor and not to exceed 180 Days when all remarks associated with the Measurement Device is tested bi-annuallyrepairs or adjustments. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 20.25% or less, Gatherer the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume volume, BS&W, and temperature gravity, average flowing temperature, average flowing pressure and other meter or test records in its possession and used in the measurement or allocation of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts data or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
(k) So long as the Parties to this Agreement are also parties to a Transaction Document that covers Gas, the requirements for Measurement Devices in respect of Flash Gas shall be covered by such Transaction Document. If at any time the Parties to this Agreement are not also party to another Transaction Document that covers Gas, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the requirements for Measurement Devices pertaining to Flash Gas; absent such agreement, Midstream Co shall install and maintain measuring equipment at the Delivery Points that is in accordance with applicable American Gas Association standards.
Appears in 1 contract
Sources: Crude Oil Gathering Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer shall construct, install, own own, and operate (or cause to be constructed, installed, and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Gatherer may, in its discretion, construct, install, own, and operate (or cause to be constructed, installed, and operated) Measurement Devices installed located at or upstream of the Delivery Points or at or downstream of the Receipt Points.
(b) Gatherer shall cause all Measurement Devices that are owned by Gatherer shall beto be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Producer shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Measurement Points, Receipt Points (such Measurement Devices and Delivery Points. Producer shall cause Producer Meters to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to Gatherer, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with Gatherer’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with Gatherer’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Gatherer may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Producer and Gatherer shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters meter used:
(i) Orifice Meters – in accordance with ANSI/API 2530 Manual of Petroleum Measurement Standard, Chapter 6.1, Metering Assemblies, Lease Automatic Custody Transfer (American Gas Association Report No. 3LACT), Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereof.
(ii) Electronic Transducers and Flow Computers API, MPMS, Spec 11N, Specification for Lease Automatic Custody Transfer (solar and otherwise) – in accordance with the applicable American Gas Association standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.LACT)
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(df) Gatherer may, may (but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above. With respect to Producer Meters that Gatherer has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 100 Barrels per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any (i) Measurement Device at the Measurement Point is found to be inaccurate by 22.0% or less or (ii) Measurement Device at the Delivery Point is found to be inaccurate by 0.25% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement, but such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error). If, upon any test, any (1) Measurement Device at the Measurement Point is found to be inaccurate by more than 2.0% or (2) Measurement Device at the Delivery Point is found to be inaccurate by more than 0.25% of a recording corresponding to the average hourly flow rate for the period since the last test(excessive meter factor deviation), such Measurement Device will immediately be adjusted removed from service, adjusted, repaired or replaced to record accurately (within the manufacturer’s allowance for error) and any reproved prior to returning to service. If the excessive meter factor deviation can be explained by changing conditions (gravity, temperature or flow-rate) no corrective action may be taken if mutually agreed upon by both the Owner and the Beneficiary. Any previous recordings of such Measurement Device with an excessive meter factor deviation will be corrected to zero error for any period which is known definitely or agreed upon. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) by using the arithmetic average of the time elapsed since malfunction factor and the previous factor shall be applied to the production measured through the meter between the date of the latest test, but not to exceed 45 Days when previous factor and the Measurement Device is tested quarterly date of the malfunction factor. The proving report must clearly indicate the meter’s malfunction factor and not to exceed 180 Days when all remarks associated with the Measurement Device is tested bi-annuallyrepairs or adjustments. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 22.0% or less or 0.25% or less, Gatherer as applicable, the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume volume, BS&W, and temperature gravity, average flowing temperature, average flowing pressure and other meter or test records in its possession and used in the measurement or allocation of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts data or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
(k) So long as the Parties to this Agreement are also parties to a Transaction Document that covers Gas, the requirements for Measurement Devices in respect of Flash Gas shall be covered by such Transaction Document. If at any time the Parties to this Agreement are not also party to another Transaction Document that covers Gas, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the requirements for Measurement Devices pertaining to Flash Gas; absent such agreement, Gatherer shall install and maintain measuring equipment at the Delivery Points that is in accordance with applicable API standards.
Appears in 1 contract
Sources: Crude Oil Gathering Agreement (Rosehill Resources Inc.)
Measurement Devices. (a) Gatherer shall construct, install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersPoints. The Measurement Devices installed by Gatherer shall be, subject to ShipperProducer’s approval of such location, on the Receipt Point.
(b) Gatherer shall, at its discretion, install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at or upstream of the Delivery Points.
(c) Measurement Devices will be constructed, installed and operated in accordance with applicable industry standards and governmental regulations and as close as practicable set forth in the current System Plan.
(d) Gatherer may, but shall not be obligated to, replace or make any alterations to the Measurement Devices that it owns necessary to comply with any applicable Well or Well Pad. Shipper Laws.
(e) Producer shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Receipt Points (such Measurement Devices installed, owned and operated by Shipper or Noble, the “Shipper Meters”); provided that (i) such equipment is Points. Producer Meters shall be installed so as not to interfere with Gatherer’s Measurement Devices (if any) and (ii) Shipper Producer shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas pulsation problems or Gas quality problems (such as sand or water) that may interfere with Gatherer’s Measurement Devices at the Receipt Points. Gather .
(f) Gatherer may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Point in lieu of constructing, installing, owning and operating a Measurement Device located at such Receipt Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Point, Shipper Producer shall provide Gatherer reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(bg) Gatherer shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at under the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable control of measuring by component the volumes of NGLs contained in the Gas stream. Producer or Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association AGA Report No▇▇. 3)▇, ▇▇▇ ▇▇.▇ ▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇, part 2, Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Fourth Edition, dated September 1985April 2000, and any subsequent amendments, revisions or modifications thereof.
(ii) Electronic Transducers and Flow Computers (solar and otherwise) – in accordance with the applicable American Gas Association and API MPMS 21.1 standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(dh) Gatherer may, but shall not be obligated to, replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of the American Gas Association Reports cited above. With respect to Producer Meters that Gatherer has elected to use, Producer may, but shall not be obligated to, replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of the American Gas Association Reports cited above.
(ei) The accuracy of all owned Measurement Devices listed as Receipt Points or Delivery Points in the applicable Agreement Addendum, and of all Measurement Devices that serve as “check meters” for any such Receipt Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (for purposes of this paragraph, the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (for purposes of this paragraph, the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper the Beneficiary requests a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas at any Receipt Point or Delivery Point average 15,000 MSCF 1,000 Mcf per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 2% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas under this Agreement; provided that, but if such Measurement Device will immediately be is adjusted to record accurately (within the manufacturer’s allowance for error), then the previous readings of such Measurement Device will be corrected to zero error for any period during which an inaccurate reading is known to have occurred or such other period as agreed between the Parties. If, upon any test, any Measurement Device is found to be inaccurate by more than 2% of a recording corresponding to the average hourly flow rate for the period since the last test, such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error) and any previous recordings of such Measurement Device will be corrected to zero error for any period during which an inaccurate reading is known definitely to have occurred or such other period as agreed uponbetween the Parties. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄21/2) of the time elapsed since the date of the latest most recent test, but not to exceed 45 Days when the Measurement Device is tested quarterly and not to exceed 180 Days when the Measurement Device is tested bi-annually. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance notice will be given to Gatherer by Shipperthe Owner, and both Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 2% or less, Gatherer the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fj) If As requested by Shipper Producer the Measurement Devices owned by Gatherer shall include a sufficient number of data ports, and Gatherer shall permit Shipper Producer to connect to such data ports, as shall be required to provide to Shipper Producer on a real-time basis all measurement data generated by such measurement equipment. Shipper shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer Producer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gk) The charts and records by which measurements are determined shall be available for the use of both Parties in fulfilling the terms and conditions thereof. Each Party shall, upon request of the other, mail mail, email or deliver for checking and calculation all volume measurement data, including but not limited to flowing parameters, characteristics, constants, configurations and temperature meter records events in its possession and used in the measurement of Gas delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hl) Each Party shall preserve or cause to be preserved for mutual use all test data, charts or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months. Each Party shall comply with Noble Document Retention Policy FIN027.
Appears in 1 contract
Measurement Devices. (a) Gatherer Except as provided in Section 4.1(d) below, Midstream Co shall construct, install, own, and operate (or cause to be constructed, installed, and operated) the Measurement Devices located at the Measurement Points. Midstream Co may in its discretion, construct, install, own and operate the (or cause to be constructed, installed and operated) Measurement Devices located at or upstream of the Delivery Points or at or downstream of any Receipt Points other than the Shipper Meters. The Point.
(b) Midstream Co shall cause all Measurement Devices installed that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Each Party shall have the right, at its sole expense, to install, own and operate (or cause to be constructed, installed and operated) “check meter” Measurement Devices located at the Measurement Points, Receipt Points and Delivery Points for which the other Party is responsible for the controlling Measurement Device (such i.e., the Measurement Device on which Monthly settlement statements will be based). Each Party shall cause its “check meter” Measurement Devices to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to the other Party, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with Gathererthe other Party’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas Product pulsation problems or Gas Product quality problems (such as sand or water) that may interfere with Gathererthe other Party’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association AGA Report No▇▇. 3)▇, ▇▇▇ ▇▇.▇ ▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇, part 2, Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Fourth Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereofApril 2000.
(ii) Electronic Transducers and Flow Computers (solar and otherwise) – in accordance with the applicable American Gas Association and API MPMS 21.1 standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof7.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(df) Gatherer may, Midstream Co may (but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above. With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points, and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 1,000 Mcf per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any (i) Measurement Device at the Measurement Point is found to be inaccurate by 22.0% or less or (ii) Measurement Device at the Delivery Point is found to be inaccurate by 0.25% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement; provided that, but if such Measurement Device will immediately be is adjusted to record accurately (within the manufacturer’s allowance for error), then the previous readings of such Measurement Device will be corrected to zero error for any period during which an inaccurate reading is known to have occurred or such other period as agreed between the Parties. If, upon any test, any (1) Measurement Device at the Measurement Point is found to be inaccurate by more than 22.0% of a recording corresponding to the average hourly flow rate for the period since the last testtest or (2) Measurement Device at the Delivery Point is found to be inaccurate by more than 0.25%, such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error) and any previous recordings of such Measurement Device will be corrected to zero error for any period during which an inaccurate reading is known definitely to have occurred or such other period as agreed uponbetween the Parties. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2(½) of the time elapsed since the date of the latest most recent test, but not to exceed 45 Days when the Measurement Device is tested quarterly and not to exceed 180 Days when the Measurement Device is tested bi-annually. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 22.0% or less or 0.25% or less, Gatherer as applicable, the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume measurement data, including flowing parameters, characteristics, constants, configurations and temperature meter records events in its possession and used in the measurement of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
(k) So long as the Parties to this Agreement are also parties to a Transaction Document that covers Crude Oil, the requirements for Measurement Devices in respect of Drip Condensate shall be covered by such Transaction Document. If at any time the Parties to this Agreement are not also party to another Transaction Document that covers Crude Oil, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the requirements for Measurement Devices pertaining to Drip Condensate; absent such agreement, Midstream Co shall install and maintain liquids measuring equipment at the Delivery Points that is in accordance with applicable API standards.
Appears in 1 contract
Sources: Low Pressure Gas Gathering and Compression Agreement (Noble Midstream Partners LP)
Measurement Devices. (a) Gatherer Midstream Co shall construct, install, own own, and operate (or cause to be constructed, installed, and operated) the Measurement Devices located at the Receipt Points other than the Shipper MetersMeasurement Points. The Midstream Co may, in its discretion, construct, install, own, and operate (or cause to be constructed, installed, and operated) Measurement Devices installed located at or upstream of the Delivery Points or at or downstream of the Receipt Points.
(b) Midstream Co shall cause all Measurement Devices that are owned by Gatherer shall beMidstream Co to be constructed, subject to Shipper’s approval of such locationinstalled, and operated in accordance with applicable industry standards and applicable Laws, and as close as practicable to set forth in the applicable Well or Well Pad. Shipper current System Plan.
(c) Producer shall have the right, at its sole expense, to install, own and operate Measurement Devices located at the Measurement Points, Receipt Points (such Measurement Devices and Delivery Points. Producer shall cause Producer Meters to be installed, owned and operated by Shipper or Noblesubsequent to providing a minimum of 72 hours’ notice to Midstream Co, the “Shipper Meters”); provided that (i) such equipment is installed so as not to interfere with GathererMidstream Co’s Measurement Devices (if any) and (ii) Shipper shall take steps that are reasonable and customary in the industry to mitigate or prevent any Gas Product pulsation problems or Gas Product quality problems (such as sand or water) that may interfere with GathererMidstream Co’s Measurement Devices at the Receipt Measurement Points. Gather .
(d) Midstream Co may elect to use a Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point in lieu of constructing, installing, owning owning, and operating a Measurement Device located at such Receipt Measurement Point by providing written notice to ShipperProducer (including by detailing such election in the applicable System Plan). If Gatherer Midstream Co elects to use such Shipper Producer Meter as the Measurement Device for a Receipt Measurement Point, Shipper Producer shall provide Gatherer Midstream Co reasonable access to such Shipper Producer Meter, including as set forth under Section 1.4(f) of this Exhibit A, and prior advance written notice of, and the ability to witness, the calibration of such Shipper Producer Meter.
(be) Gatherer Producer and Midstream Co shall install, own and operate (or cause to be installed, owned, and operated) the Measurement Devices located at the Delivery Points and any check meters at the Delivery Points. The Measurement Devices must have the capacity owned by such Party to compensate for Gas characteristics in real time and/or through periodic spot sampling and, where applicable, shall also be capable of measuring by component the volumes of NGLs contained in the Gas stream. Gatherer shall provide reasonable access to Gatherer’s Measurement Devices.
(c) Gatherer’s Measurement Devices will be constructed, installed and operated in accordance with the following depending on the type of meters used:
(i) Orifice Meters – in accordance with ANSI/API 2530 (American Gas Association AGA Report No▇▇. 3)▇, ▇▇▇ ▇▇.▇ ▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇, part 2, Orifice Metering of Natural Gas and Other Hydrocarbon Fluids, Second Fourth Edition, dated September 1985, and any subsequent amendments, revisions or modifications thereofApril 2000.
(ii) Electronic Transducers and Flow Computers (solar and otherwise) – in accordance with the applicable American Gas Association and API MPMS 21.1 standards, including American Gas Association Measurement Committee Report Nos. 3, 5, 6 and 7 and any subsequent amendments, revisions, or modifications thereof7.
(iii) Ultrasonic Meters – in accordance with the American Gas Association Measurement Committee Report No. 9 (American Gas Association Report No. 9), dated June 1998, and any subsequent amendments, revisions or modifications thereof.
(df) Gatherer may, Midstream Co may (but shall not be obligated to, ) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above. With respect to Producer Meters that Midstream Co has elected to use, Producer may (but shall not be obligated to) replace or make any alterations to the Measurement Devices necessary to comply with any subsequent amendments, revisions or modifications of applicable Law or the American Gas Association Reports cited above.
(eg) The accuracy of all owned Measurement Devices at the Measurement Points and Delivery Points, and of all Measurement Devices that serve as “check meters” for any such Measurement Point or Delivery Point Measurement Devices will be verified by Gatherer the owner of such Measurement Device (the “Owner”) at bi-annual Monthly intervals and, if requested, in the presence of a representative of Shipperthe other Party (the “Beneficiary”). Gatherer The Owner shall verify the accuracy of any owned Measurement Device before the next bi-annual Monthly verification required by the preceding sentence if Shipper requests the Beneficiary makes a written request for a special test as described below. Notwithstanding the foregoing, however, when Daily deliveries of Gas Product at any Receipt Measurement Point or Delivery Point average 15,000 MSCF 1,000 Mcf per Day or greater less during any Month, the Owner may request from the Beneficiary that the accuracy of the Measurement Devices at such Receipt Measurement Point or Delivery Point will be verified quarterly. If, upon any test, any Measurement Device is found to be inaccurate by 2% or less, previous readings of such Measurement Device will be considered correct in computing the deliveries of Gas Product under this Agreement; provided that, but if such Measurement Device will immediately be is adjusted to record accurately (within the manufacturer’s allowance for error), then the previous readings of such Measurement Device will be corrected to zero error for any period during which an inaccurate reading is known to have occurred or such other period as agreed between the Parties. If, upon any test, any Measurement Device is found to be inaccurate by more than 2% of a recording corresponding to the average hourly flow rate for the period since the last test, such Measurement Device will immediately be adjusted to record accurately (within the manufacturer’s allowance for error) and any previous recordings of such Measurement Device will be corrected to zero error for any period during which an inaccurate reading is known definitely to have occurred or such other period as agreed uponbetween the Parties. If such period is not known or agreed upon, such correction will be made for a period covering one-half ( 1⁄2) of the time elapsed since the date of the latest most recent test, but not to exceed 45 Days when the Measurement Device is tested quarterly and not to exceed 180 Days when the Measurement Device is tested bi-annually. If Shipper the Beneficiary desires a special test of any Measurement Device, at least 72 hours’ advance written notice will be given to Gatherer by Shipperthe Owner, and both the Parties will cooperate to secure a prompt test of the accuracy of such Measurement Device. If the Measurement Device so tested is found to be inaccurate by 2% or less, Gatherer the Owner will have the right to ▇▇▇▇ ▇▇▇▇▇▇▇ the Beneficiary for the costs incurred due to such special test, including any labor and transportation costs, and Shipper the Beneficiary will pay such costs promptly upon invoice therefor.
(fh) If requested by Shipper the Beneficiary, the Measurement Devices owned by Owner shall include a sufficient number of data ports, and Gatherer Owner shall permit Shipper Beneficiary to connect to such data ports, as shall be required to provide to Shipper Beneficiary on a real-time basis all measurement data generated by such measurement equipment. Shipper Beneficiary shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data. If requested by Gatherer the Shipper Meters shall include a sufficient number of data ports, and Shipper shall permit Gatherer to connect to such data ports, as shall be required to provide to Gatherer on a real-time basis all measurement data generated by such measurement equipment. Gatherer shall be responsible at its own cost for obtaining equipment and/or services to connect to such data ports and receive and process such data.
(gi) The Each Party shall make the charts and records by which measurements are determined shall be available for the use of both Parties the other Party in fulfilling the terms and conditions thereof. Each Party shall, upon written request of the otherother Party, mail mail, email or deliver for checking and calculation all volume measurement data, including flowing parameters, characteristics, constants, configurations and temperature meter records events in its possession and used in the measurement of Gas Product delivered under this Agreement within 30 Days after the last chart for each billing period is removed from the meter. Such data shall be returned within 90 Days after the receipt thereof.
(hj) Each Party shall preserve or cause to be preserved for mutual use all test data, charts or other similar records in accordance with the applicable rules and regulations of regulatory bodies having jurisdiction, if any, with respect to the retention of such records, and, in any event, for at least 24 Months.
(k) So long as the Parties to this Agreement are also parties to a Transaction Document that covers Crude Oil, the requirements for Measurement Devices in respect of Drip Condensate shall be covered by such Transaction Document. If at any time the Parties to this Agreement are not also party to another Transaction Document that covers Crude Oil, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the requirements for Measurement Devices pertaining to Drip Condensate; absent such agreement, Midstream Co shall install and maintain liquids measuring equipment at the Delivery Points that is in accordance with applicable API standards.
Appears in 1 contract
Sources: Gas Gathering Agreement (Noble Midstream Partners LP)