Common use of Priority of Service Clause in Contracts

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) All Joint Dedicated Production and Legacy Well 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, Legacy Well Dedicated Production or CNX Noble Joint Dedicated Production without the prior written consent of Shipper and CNX Noble (which consent may be withheld in such Person’s sole discretion). Shipper acknowledges that CNX Noble 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 Noble Sole Dedicated Production without the prior written consent of Shipper and CNX Noble (which consent may be withheld in such Person’s sole discretion). Shipper acknowledges that CNX Noble 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 Noble Dedicated Production that Gatherer may elect; provided that such services do not have equal or higher priority than Priority Two Service.