Common use of New Delivery Points Clause in Contracts

New Delivery Points. When Producer or its Affiliates desire to establish a Delivery Point, other than an Initial Delivery Point, an Initial Future Delivery Point, or a Delivery Point subject to a Prior Dedication (which is addressed in Section 2.4(a)), within the Dedicated Area for receipt of, and the provision of Services for, Committed Produced Water hereunder related to a newly drilled or re-completed Dedicated Well or to one or more Dedicated Well(s) that are not then connected to the Pipeline System or to the Disposal System facilities (each, a “New Delivery Point”), then Producer shall notify Gatherer in writing of such New Delivery Point as soon as reasonably possible but not less than [***] days prior to the anticipated date of initial delivery of Produced Water to such New Delivery Point (such written notice, a “Producer Delivery Point Notice”). Each Producer Delivery Point Notice shall provide the proposed latitude and longitude where such New Delivery Point will be located, Producer’s forecast of the average daily volume of Produced Water to be delivered to such New Delivery Point for each Month, the drilling schedule for any Well(s) expected to be connected to such New Delivery Point, and the expected daily Produced Water flow rate for such New Delivery Point. Producer shall have the right, in its sole reasonable discretion, to determine the location of each New Delivery Point within the Dedicated Area; provided that, subject to Section 3.1(c) with respect to a temporary New Delivery Point, each New Delivery Point will be located on or near the perimeter of Producer’s or its Affiliate’s well pad immediately downstream of Producer’s tank batteries for such well pad or at the inlet flange of the Pipeline System. Following the delivery of a Producer Delivery Point Notice for a New Delivery Point, Producer will provide Gatherer additional information with respect to such New Delivery Point that is reasonably requested by Gatherer. To the extent that a New Delivery Point requires an extension of the Pipeline System, Gatherer shall, if the New Delivery Point is not a Marginal Production Delivery Point, subject to the other terms and conditions hereof, be obligated to build out such extension subject to Producer’s obligation to cooperate with Gatherer under Section 3.1(b) and Section 3.1(c).

New Delivery Points. When Producer or its Affiliates desire CEMI, on behalf of the Producers, shall furnish Notice to establish a Gatherer of any new PRP Delivery Point connection desired by Producers, which Notice shall include the location of such PRP Delivery Point, the projected Gas deliverability to such PRP Delivery Point from the PRP Gathering System, and such other than an Initial information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new PRP Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new PRP Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new PRP Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new PRP Delivery Point. If CEMI determines to proceed with completion of such new PRP Delivery Point after receipt of Gatherer’s Notice, CEMI shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new PRP Delivery Point, an Initial Future Delivery Point, or a Delivery Point subject to a Prior Dedication (which is addressed in Section 2.4(a)), within Producers shall have Priority 1 Service for the Dedicated Area for receipt of, and the provision of Services for, Committed Produced Water hereunder related to a newly drilled or re-completed Dedicated Well or to one or more Dedicated Well(s) that are not then connected to the Pipeline System or to the Disposal System facilities (each, a “New Delivery Point”), then Producer shall notify Gatherer in writing deliverability of such New Delivery Point as soon as reasonably possible but not less than [***] days prior to the anticipated date of initial delivery of Produced Water to such New Delivery Point (such written notice, a “Producer Delivery Point Notice”). Each Producer Delivery Point Notice shall provide the proposed latitude and longitude where such New Delivery Point will be located, Producer’s forecast of the average daily volume of Produced Water to be delivered to such New Delivery Point for each Month, the drilling schedule for any Well(s) expected to be connected to such New new PRP Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new PRP Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the expected daily Produced Water flow rate for such New cost to increase the deliverability of any new PRP Delivery Point. Producer , Producers shall have Priority 1 Service for the deliverability of the new PRP Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right, in its sole reasonable discretion, right to determine provide Priority 1 Service for third party Gas volumes up to the location of each New Delivery Point within the Dedicated Area; provided that, subject to Section 3.1(c) with respect to a temporary New Gatherer’s Increased Deliverability for such new PRP Delivery Point, each New Delivery Point will be located on or near the perimeter of Producer’s or its Affiliate’s well pad immediately downstream of Producer’s tank batteries for such well pad or at the inlet flange of the Pipeline System. Following the delivery of a Producer Delivery Point Notice for a New Delivery Point, Producer will provide Gatherer additional information with respect to such New Delivery Point that is reasonably requested by Gatherer. To the extent that a New Delivery Point requires an extension of the Pipeline System, Gatherer shall, if the New Delivery Point is not a Marginal Production Delivery Point, subject to the other terms and conditions hereof, be obligated to build out such extension subject to Producer’s obligation to cooperate with Gatherer under Section 3.1(b) and Section 3.1(c).

New Delivery Points. When Producer or its Affiliates desire Producers shall furnish Notice to establish a Gatherer of any new ▇▇▇▇▇▇▇ Delivery Point connection desired by Producers, which Notice shall include the location of such ▇▇▇▇▇▇▇ Delivery Point, the projected Gas deliverability to such ▇▇▇▇▇▇▇ Delivery Point from the ▇▇▇▇▇▇▇ Gathering System, and such other than an Initial information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new ▇▇▇▇▇▇▇ Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new ▇▇▇▇▇▇▇ Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new ▇▇▇▇▇▇▇ Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new ▇▇▇▇▇▇▇ Delivery Point. If Producers determine to proceed with completion of such new ▇▇▇▇▇▇▇ Delivery Point after receipt of Gatherer’s Notice, Producers shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new ▇▇▇▇▇▇▇ Delivery Point, an Initial Future Delivery Point, or a Delivery Point subject to a Prior Dedication (which is addressed in Section 2.4(a)), within Producers shall have Priority 1 Service for the Dedicated Area for receipt of, and the provision of Services for, Committed Produced Water hereunder related to a newly drilled or re-completed Dedicated Well or to one or more Dedicated Well(s) that are not then connected to the Pipeline System or to the Disposal System facilities (each, a “New Delivery Point”), then Producer shall notify Gatherer in writing deliverability of such New Delivery Point as soon as reasonably possible but not less than [***] days prior to the anticipated date of initial delivery of Produced Water to such New Delivery Point (such written notice, a “Producer Delivery Point Notice”). Each Producer Delivery Point Notice shall provide the proposed latitude and longitude where such New Delivery Point will be located, Producer’s forecast of the average daily volume of Produced Water to be delivered to such New Delivery Point for each Month, the drilling schedule for any Well(s) expected to be connected to such New new ▇▇▇▇▇▇▇ Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new ▇▇▇▇▇▇▇ Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the expected daily Produced Water flow rate cost to increase the deliverability of any new ▇▇▇▇▇▇▇ Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new ▇▇▇▇▇▇▇ Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such New new ▇▇▇▇▇▇▇ Delivery Point. Producer shall have the right, in its sole reasonable discretion, It is acknowledged that any capital expenditures made by Gatherer to determine the location of each New add Gatherer’s Increased Deliverability to a ▇▇▇▇▇▇▇ Delivery Point within shall not be included in the Dedicated Area; provided that▇▇▇▇▇▇▇ Cap Ex, subject to Actual ▇▇▇▇▇▇▇ Cap Ex or Projected ▇▇▇▇▇▇▇ Cap Ex under Section 3.1(c) with respect to a temporary New Delivery Point, each New Delivery Point will be located on or near the perimeter 3 of Producer’s or its Affiliate’s well pad immediately downstream of Producer’s tank batteries for such well pad or at the inlet flange of the Pipeline System. Following the delivery of a Producer Delivery Point Notice for a New Delivery Point, Producer will provide Gatherer additional information with respect to such New Delivery Point that is reasonably requested by Gatherer. To the extent that a New Delivery Point requires an extension of the Pipeline System, Gatherer shall, if the New Delivery Point is not a Marginal Production Delivery Point, subject Exhibit A to the other terms and conditions hereof, be obligated to build out such extension subject to Producer’s obligation to cooperate with Gatherer under Section 3.1(b) and Section 3.1(c)CHK Agreement.

New Delivery Points. When Producer or its Affiliates desire CEMI, on behalf of the Producers, shall furnish Notice to establish a Gatherer of any new ▇▇▇▇▇▇▇ Delivery Point connection desired by Producers, which Notice shall include the location of such ▇▇▇▇▇▇▇ Delivery Point, the projected Gas deliverability to such ▇▇▇▇▇▇▇ Delivery Point from the ▇▇▇▇▇▇▇ Gathering System, and such other than an Initial information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new ▇▇▇▇▇▇▇ Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new ▇▇▇▇▇▇▇ Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new ▇▇▇▇▇▇▇ Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new ▇▇▇▇▇▇▇ Delivery Point. If CEMI determines to proceed with completion of such new ▇▇▇▇▇▇▇ Delivery Point after receipt of Gatherer’s Notice, CEMI shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new ▇▇▇▇▇▇▇ Delivery Point, an Initial Future Delivery Point, or a Delivery Point subject to a Prior Dedication (which is addressed in Section 2.4(a)), within Producers shall have Priority 1 Service for the Dedicated Area for receipt of, and the provision of Services for, Committed Produced Water hereunder related to a newly drilled or re-completed Dedicated Well or to one or more Dedicated Well(s) that are not then connected to the Pipeline System or to the Disposal System facilities (each, a “New Delivery Point”), then Producer shall notify Gatherer in writing deliverability of such New Delivery Point as soon as reasonably possible but not less than [***] days prior to the anticipated date of initial delivery of Produced Water to such New Delivery Point (such written notice, a “Producer Delivery Point Notice”). Each Producer Delivery Point Notice shall provide the proposed latitude and longitude where such New Delivery Point will be located, Producer’s forecast of the average daily volume of Produced Water to be delivered to such New Delivery Point for each Month, the drilling schedule for any Well(s) expected to be connected to such New new ▇▇▇▇▇▇▇ Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new ▇▇▇▇▇▇▇ Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the expected daily Produced Water flow rate cost to increase the deliverability of any new ▇▇▇▇▇▇▇ Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new ▇▇▇▇▇▇▇ Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such New new ▇▇▇▇▇▇▇ Delivery Point. Producer shall have the right, in its sole reasonable discretion, Any capital expenditures made by Gatherer to determine the location of each New add Gatherer’s Increased Deliverability to a ▇▇▇▇▇▇▇ Delivery Point within shall not be included in the Dedicated Area; provided that▇▇▇▇▇▇▇ Cap Ex, subject to Section 3.1(c) with respect to a temporary New Delivery PointActual ▇▇▇▇▇▇▇ Cap Ex, each New Delivery Point will be located on or near the perimeter of Producer’s or its Affiliate’s well pad immediately downstream of Producer’s tank batteries for such well pad or at the inlet flange of the Pipeline System. Following the delivery of a Producer Delivery Point Notice for a New Delivery Point, Producer will provide Gatherer additional information with respect to such New Delivery Point that is reasonably requested by Gatherer. To the extent that a New Delivery Point requires an extension of the Pipeline System, Gatherer shall, if the New Delivery Point is not a Marginal Production Delivery Point, subject to the other terms and conditions hereof, be obligated to build out such extension subject to Producer’s obligation to cooperate with Gatherer Projected ▇▇▇▇▇▇▇ Cap Ex under Section 3.1(b) and Section 3.1(c).3 of this Exhibit A.

New Delivery Points. When Producer or its Affiliates desire CEMI, on behalf of the Producers, shall furnish Notice to establish a Gatherer of any new Midcon Delivery Point connection desired by Producers, which Notice shall include the location of such Midcon Delivery Point, the projected Gas deliverability to such Midcon Delivery Point from the Midcon Gathering System, and such other than an Initial information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Midcon Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new Midcon Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Midcon Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new Midcon Delivery Point. If CEMI determines to proceed with completion of such new Midcon Delivery Point after receipt of Gatherer’s Notice, CEMI shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new Midcon Delivery Point, an Initial Future Delivery Point, or a Delivery Point subject to a Prior Dedication (which is addressed in Section 2.4(a)), within Producers shall have Priority 1 Service for the Dedicated Area for receipt of, and the provision of Services for, Committed Produced Water hereunder related to a newly drilled or re-completed Dedicated Well or to one or more Dedicated Well(s) that are not then connected to the Pipeline System or to the Disposal System facilities (each, a “New Delivery Point”), then Producer shall notify Gatherer in writing deliverability of such New Delivery Point as soon as reasonably possible but not less than [***] days prior to the anticipated date of initial delivery of Produced Water to such New Delivery Point (such written notice, a “Producer Delivery Point Notice”). Each Producer Delivery Point Notice shall provide the proposed latitude and longitude where such New Delivery Point will be located, Producer’s forecast of the average daily volume of Produced Water to be delivered to such New Delivery Point for each Month, the drilling schedule for any Well(s) expected to be connected to such New new Midcon Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new Midcon Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the expected daily Produced Water flow rate cost to increase the deliverability of any new Midcon Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Midcon Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such New new Midcon Delivery Point. Producer shall have the right, in its sole reasonable discretion, Any capital expenditures made by Gatherer to determine the location of each New add Gatherer’s Increased Deliverability to a Midcon Delivery Point within shall not be included in the Dedicated Area; provided thatMidcon Cap Ex, subject to Section 3.1(c) with respect to a temporary New Delivery PointActual Midcon Cap Ex, each New Delivery Point will be located on or near the perimeter of Producer’s or its Affiliate’s well pad immediately downstream of Producer’s tank batteries for such well pad or at the inlet flange of the Pipeline System. Following the delivery of a Producer Delivery Point Notice for a New Delivery Point, Producer will provide Gatherer additional information with respect to such New Delivery Point that is reasonably requested by Gatherer. To the extent that a New Delivery Point requires an extension of the Pipeline System, Gatherer shall, if the New Delivery Point is not a Marginal Production Delivery Point, subject to the other terms and conditions hereof, be obligated to build out such extension subject to Producer’s obligation to cooperate with Gatherer Projected Midcon Cap Ex under Section 3.1(b) and Section 3.1(c).3 of this Exhibit B.

New Delivery Points. When Producer or its Affiliates desire CEMI, on behalf of the Producers, shall furnish Notice to establish a Gatherer of any new Springridge Delivery Point connection desired by Producers, which Notice shall include the location of such Springridge Delivery Point, the projected Gas deliverability to such Springridge Delivery Point from the Springridge Gathering System, and such other than an Initial information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Springridge Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new Springridge Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Springridge Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new Springridge Delivery Point. If CEMI determines to proceed with completion of such new Springridge Delivery Point after receipt of Gatherer’s Notice, CEMI shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new Springridge Delivery Point, an Initial Future Delivery Point, or a Delivery Point subject to a Prior Dedication (which is addressed in Section 2.4(a)), within Producers shall have Priority 1 Service for the Dedicated Area for receipt of, and the provision of Services for, Committed Produced Water hereunder related to a newly drilled or re-completed Dedicated Well or to one or more Dedicated Well(s) that are not then connected to the Pipeline System or to the Disposal System facilities (each, a “New Delivery Point”), then Producer shall notify Gatherer in writing deliverability of such New Delivery Point as soon as reasonably possible but not less than [***] days prior to the anticipated date of initial delivery of Produced Water to such New Delivery Point (such written notice, a “Producer Delivery Point Notice”). Each Producer Delivery Point Notice shall provide the proposed latitude and longitude where such New Delivery Point will be located, Producer’s forecast of the average daily volume of Produced Water to be delivered to such New Delivery Point for each Month, the drilling schedule for any Well(s) expected to be connected to such New new Springridge Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new Springridge Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the expected daily Produced Water flow rate cost to increase the deliverability of any new Springridge Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Springridge Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such New new Springridge Delivery Point. Producer shall have the right, in its sole reasonable discretion, Any capital expenditures made by Gatherer to determine the location of each New add Gatherer’s Increased Deliverability to a Springridge Delivery Point within shall not be included in the Dedicated Area; provided that, subject to Section 3.1(c) with respect to a temporary New Delivery Point, each New Delivery Point will be located on Springridge Cap Ex or near the perimeter of Producer’s or its Affiliate’s well pad immediately downstream of Producer’s tank batteries for such well pad or at the inlet flange of the Pipeline System. Following the delivery of a Producer Delivery Point Notice for a New Delivery Point, Producer will provide Gatherer additional information with respect to such New Delivery Point that is reasonably requested by Gatherer. To the extent that a New Delivery Point requires an extension of the Pipeline System, Gatherer shall, if the New Delivery Point is not a Marginal Production Delivery Point, subject to the other terms and conditions hereof, be obligated to build out such extension subject to Producer’s obligation to cooperate with Gatherer Actual Springridge Cap Ex under Section 3.1(b) and Section 3.1(c).3 of this Exhibit A.