Release from Dedication. To the extent that Gatherer is unable to obtain the rights-of-way required for Gatherer to connect to any previously agreed upon Receipt Point by [***] (subject to any extension of the foregoing date by a Force Majeure Event), and Producer and Gatherer cannot agree to an alternative Receipt Point (in each Party’s sole discretion), Gatherer will permanently release Producer from the portion of the Dedication associated with the Receipt Point(s) for which Gatherer is unable to obtain the rights-of-way, and Producer will permanently release Gatherer from its obligation to either receive Produced Water from such Produced Water Receipt Point(s) or deliver Fresh Water to such Fresh Water Receipt Point(s).
Appears in 2 contracts
Sources: Gathering and Disposal Services Agreement (Nuverra Environmental Solutions, Inc.), Gathering and Disposal Services Agreement (Nuverra Environmental Solutions, Inc.)