Priority of Service Clause Samples

Priority of Service. (a) All Joint Dedicated Production Tendered by or on behalf of Shipper for delivery to the Gathering System shall be entitled to Priority One Service. Gatherer shall not provide Priority One Service with respect to any Gas or Liquid Condensate other than Joint Dedicated Production, or CNX Joint Dedicated Production without the prior written consent of Shipper and CNX (which consent may be withheld in such Person’s sole discretion). Shipper acknowledges that CNX Joint Dedicated Production shall be entitled to Priority One Service. (b) All Sole Dedicated Production Tendered by or on behalf of Shipper for delivery to the Gathering System shall be entitled to Priority Two Service. Gatherer shall not provide Priority Two Service with respect to any Gas or Liquid Condensate other than Sole Dedicated Production or CNX Sole Dedicated Production without the prior written consent of Shipper and CNX (which consent may be withheld in such Person’s sole discretion). Shipper acknowledges that CNX Sole Dedicated Production shall be entitled to Priority Two Service. (c) Gatherer shall be permitted to provide such other levels of services to any Gas (but not injected Liquid Condensate), other than Dedicated Production and CNX Dedicated Production that Gatherer may elect; provided that such services do not have equal or higher priority than Priority Two Service.

Priority of Service. (a) With respect to Customer Crude Oil utilizing the Terminals System: (i) all Dedicated Crude Oil Tendered to the Receipt Points shall, up to an aggregate volume of **% of the then-current total capacity of the Terminals System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill any then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), and (B) less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Anchor Customer Firm Service with respect to the Terminals System; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), but less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Firm Service with respect to the Terminals System; and TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (iv) all Additional Crude Oil not described in subsections (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Terminals System. (b) With respect to Customer Crude Oil utilizing the Provider Tank Cars: (i) all Dedicated Crude Oil Tendered to the Provider Tank Cars shall, up to an aggregate volume of **% of the then-existing aggregate Crude Oil capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Provider Tank Cars), and (B) less than or equal to **% of the then-current total Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Te...

Priority of Service. Firm Shipper Coal shall be entitled to service with the highest available priority call on capacity of all or any relevant portion of the Terminal, which is not subject to interruption or curtailment except as a result of force majeure (such service, “Priority Service”). Without the written consent of Shipper, which consent may be withheld in Shipper’s sole discretion, Owner will not provide Priority Service with respect to any coal other than Firm Shipper Coal and coal received under the Xcoal Agreement. If capacity at the Terminal is insufficient to meet the needs of all shippers, the holders of interruptible service will be curtailed first and the holder of Priority Service will be curtailed last.

Priority of Service. All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority of service, including, but not limited to, priority of service for veterans and their eligible spouses, and priority of service for the WIOA title I Adult program, as required by 38 U.S.C. sec. 4215 and its implementing regulations and guidance, and WIOA sec. 134(c)(3)(E) and its implementing regulations and guidance. Partners will target recruitment of special populations that receive a focus for services under WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and English language learners. Each Party that receives funds made available under title I or II of WIOA or under the ▇▇▇▇▇▇- ▇▇▇▇▇▇ Act (29 U.S.C. Section 49, et. seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the “Buy American Act.”) and as referenced in WIOA Section 502 and 20 CFR 683.200(f).

Priority of Service. Midstream Co shall cause (i) Product delivered by Original Producer to have priority service on the System over Product of any Producer Assignee to the extent not in violation of applicable Law, and (ii) Product delivered by Producer to have priority service on the System over Product of any Third Party. Midstream Co’s performance of its obligations under Section 5.3(a) with respect to any Product (A) of any Producer Assignee, or (B) produced from any Well but not included on a Development Report or for which new, modified, or enhanced facilities are contemplated in a System Plan, shall at all times be subject to the available capacity on the System at the time that Product is available to be Tendered by Producer at a Receipt Point; provided, however, that in the case of clause (B), Producer may make alternative arrangements for the Product not received by Midstream Co pursuant to Section 3.3.

Priority of Service. In case a shortage of facilities exists at any time, either for temporary or protracted periods, the establishment of local and message toll telephone service will take precedence over all other services, except as the public interest will otherwise require.

Priority of Service. (a) All Dedicated Production Tendered to the Receipt Points shall, up to an aggregate volume of **% of the then-current total capacity of the TGP System, be entitled to Anchor Customer Firm Service. (b) All Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, only to the extent such volumes of Customer Gas and Customer Injected NGLs (together with all quantities of Dedicated Production Tendered to the TGP System) are both (i) needed by Customer to fulfill the then-applicable MVC, and (ii) less than or equal to **% of the then-current total capacity of the TGP System, be entitled to Anchor Customer Firm Service. (c) All Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, to the extent such Customer Gas and Customer Injected NGLs (together with all other quantities of Customer Gas and Customer Injected NGLs Tendered to the TGP System, including any Dedicated Production) is in excess of the then-applicable MVC, but less than or equal to **% of the then-current total capacity of the TGP System, be entitled to Firm Service. (d) All Customer Gas and Customer Injected NGLs not described in subsections (a) through (c) above shall only be entitled to Interruptible Service.

Priority of Service. Midstream Co shall cause Product delivered on the System to have the following priorities (to the extent not in violation of applicable Law): (i) Dedicated Production delivered by Original Producer shall have Priority One Service on the System and, subject to Section 5.1, Midstream Co shall not grant Priority One Service to any other Person; (ii) Product delivered by a Third Party on a non-interruptible basis shall have priority service on the System over services for Product delivered to the System on an interruptible basis; and (iii) Product delivered by Original Producer on an interruptible basis (pursuant to Section 5.2) shall have priority service on the System over services for all other Product delivered to the System on an interruptible basis; provided, however, that Midstream Co’s performance of its obligations under Section 5.3(a) with respect to any Product (A) of any Producer Assignee, or (B) produced from any Well not included on a Development Report or for which new, modified, or enhanced facilities are contemplated in a System Plan, or (C) that is not subject to the Dedications under this Agreement, in each case, shall at all times be subject to the available capacity on the System at the time that Product is available to be Tendered by Producer at a Receipt Point; and provided, further, that in the case of clause (B) above, Producer may make alternative arrangements for the Product not received by Midstream Co pursuant to Section 3.3.

Priority of Service. The General Manager/Operations Manager shall be employed and 17 available on a full-time basis.