Common use of Releases from Dedication Clause in Contracts

Releases from Dedication. (a) Dedicated Production from ▇▇▇▇▇ or Planned ▇▇▇▇▇ on one or more Well Pads or Planned Well Pads, and the acreage in each Drilling Unit with respect to such ▇▇▇▇▇ or Planned ▇▇▇▇▇, shall be permanently released from dedication under this Agreement, and Shipper may deliver and commit such Dedicated Production to such other gatherer or gatherers as it shall determine: (i) in the event of an unpermitted interruption as provided in Section 10.1(b); (ii) upon written notice from Shipper, if Gatherer has failed to complete the facilities necessary to connect each Planned Well Pad and/or Planned Well to the Gathering System by On-Line Deadline as provided in Section 3.2; (iii) upon written notice from Shipper, if Gatherer has failed to commence the Gathering Services with respect to any Planned Well Pad and/or Planned ▇▇▇▇▇ by the On-Line Deadline as provided in Section 3.2; (iv) upon written notice from Shipper, if each of the following four conditions are satisfied: (A) the first production from any Well or Planned Well on a Well Pad or Planned Well Pad has not occurred on or before the fifth anniversary of the Execution Date, (B) at the time of such notice such Well Pad or Planned Well Pad is located more than three miles from the nearest then-existing connection to the Gathering System, (C) a non-Affiliated Third Party gatherer offers a lower cost of service to connect such Well Pad or Planned Well Pad and deliver such Dedicated Production produced from such ▇▇▇▇▇ or Planned ▇▇▇▇▇ to the desired delivery point than Gatherer offers under this Agreement (and following such notice does enter into an agreement for the gathering of such Dedicated Production), and (D) such Well Pads or Planned Well Pad and ▇▇▇▇▇ or Planned ▇▇▇▇▇ are located outside of the area served or to be served by the then existing Gathering System as reflected in the then-existing Gathering System Plan; (v) upon written notice from Shipper, with respect to such Dedicated Production that is unitized or pooled with oil and gas leases or mineral interests of Third Parties, if none of Shipper, Noble or any of their Affiliates is the operator of such unit or pooled area at the time the applicable Well is drilled; or (vi) if such Dedicated Properties are transferred by Shipper free of the dedication as provided in Section 14.1(b). (b) Gatherer shall also consider in good faith any proposal by Shipper made from time to time to permanently release one or more of the Dedicated Properties and the production therefrom from the dedication under this Agreement if Shipper reasonably believes that installing pipelines and equipment necessary to connect such Dedicated Properties to the Gathering System would be economically disadvantageous for Shipper, considering all gathering alternatives. (c) Dedicated Production may also be temporarily released from dedication under this Agreement as expressly provided in this Agreement, including in the event of (i) an unpermitted interruption as provided in Section 10.1(b) or (ii) an interruption or curtailment of receipts and deliveries as provided in Section 4.6(d). (d) At the request of Shipper, the Parties shall execute a release reasonably acceptable to Shipper (which, in the case of a permanent release, shall be in recordable form) reflecting the release of particular ▇▇▇▇▇, Planned ▇▇▇▇▇ and/or Drilling Units and associated acreage included in the Dedicated Properties from dedication under this Agreement in accordance with the provisions hereof.

Releases from Dedication. (a) Dedicated Production from ▇▇▇▇▇ or Planned ▇▇▇▇▇ on one or more Well Pads or Planned Well Pads, and the acreage in each Drilling Unit with respect to such ▇▇▇▇▇ or Planned ▇▇▇▇▇, shall be permanently released from dedication under this Agreement, and Shipper (or Initial Shipper, as applicable, as indicated below) may deliver and commit such Dedicated Production to such other gatherer or gatherers as it shall determine: (i) in the event of an unpermitted interruption as provided in Section 10.1(b); (ii) except as provided in Section 3.1(f), upon written notice from Shipper, if Gatherer has failed to complete the facilities necessary to connect each Planned Well Pad and/or Planned Well to the Gathering System by On-Line Deadline as provided in Section 3.2; (iii) except as provided in Section 3.1(f), upon written notice from Shipper, if Gatherer has failed to commence the Gathering Services with respect to any Planned Well Pad and/or Planned ▇▇▇▇▇ by the On-Line Deadline as provided in Section 3.2; (iv) upon written notice from Initial Shipper, if each of the following four conditions are satisfied: (A) the first production from any Well or Planned Well on a Well Pad or Planned Well Pad has not occurred on or before the fifth third (3rd) anniversary of the Execution Date, (B) at the time of such notice such Well Pad or Planned Well Pad is located more than three miles from the nearest then-existing connection to the Gathering System, (C) a non-Affiliated Third Party gatherer offers a lower cost of service to connect such Well Pad or Planned Well Pad and deliver such Dedicated Production produced from such ▇▇▇▇▇ or Planned ▇▇▇▇▇ to the desired delivery point Delivery Point than Gatherer offers under this Agreement (and following such notice does enter into an agreement for the gathering of such Dedicated Production), and (D) such Well Pads or Planned Well Pad and ▇▇▇▇▇ or Planned ▇▇▇▇▇ are located outside of the area served or to be served by the then existing Gathering System as reflected in the then-existing Gathering System Plan; (v) upon written notice from Shipper, with respect to such Dedicated Production that is unitized or pooled with oil and gas leases or mineral interests of Third Parties, if none of Shipper, Noble Shipper or any of their its Affiliates is the operator of such unit or pooled area at the time the applicable Well is drilled; or (vi) if such Dedicated Properties are transferred by Initial Shipper free of the dedication as provided in Section 14.1(b). (b) Gatherer shall also consider in good faith any proposal by Initial Shipper made from time to time to permanently release one or more of the Dedicated Properties and the production therefrom from the dedication under this Agreement if Initial Shipper reasonably believes that installing pipelines and equipment necessary to connect such Dedicated Properties to the Gathering System would be economically disadvantageous for Initial Shipper, considering all gathering alternatives. (c) Shipper shall also consider in good faith any proposal by Gatherer made in its then-current Gathering System Plan to temporarily release one or more of the Dedicated Properties (limited to the applicable Well or Well Pad indicated in the applicable Gathering System Plan) and the production therefrom from the dedication under this Agreement (and exercise no other remedy available to Shipper under Section 3.2(d)) if Gatherer reasonably believes that installing pipelines and equipment necessary to connect such Dedicated Properties to the Gathering System would be economically disadvantageous for Gatherer. If, at any time after such temporary release, Shipper proposes to dedicate such Dedicated Properties and the production therefrom to another service provider based on a development plan that is consistent with or substantially similar to the Development Plan presented to Gatherer associated therewith, then such Dedicated Properties and the production therefrom shall be permanently released from the dedication under this Agreement. For the avoidance of doubt, any temporary or permanent release of Dedicated Properties pursuant to this Section 2.6(c) would not affect or reduce the Total Initial Shipper Permitted Transfer Acres. (d) Dedicated Production may also be temporarily released from dedication under this Agreement as expressly provided in this Agreement, including in the event of (i) an unpermitted interruption as provided in Section 10.1(b) or (ii) an interruption or curtailment of receipts and deliveries as provided in Section 4.6(d). (de) At the request of Shipper, the Parties shall execute a release reasonably acceptable to Shipper (which, in the case of a permanent release, shall be in recordable form) reflecting the release of particular ▇▇▇▇▇, Planned ▇▇▇▇▇ and/or Drilling Units and associated acreage included in the Dedicated Properties from dedication under this Agreement in accordance with the provisions hereof.

Releases from Dedication. (a) Dedicated Production from ▇▇▇▇▇ or Planned ▇▇▇▇▇ on one or more Well Pads or Planned Well Pads, and the acreage in each Drilling Unit with respect to such ▇▇▇▇▇ or Planned ▇▇▇▇▇, shall be permanently released from dedication under this Agreement, and Shipper may deliver and commit such Dedicated Production to such other gatherer or gatherers as it shall determine: (i) in the event of an unpermitted interruption as provided in Section 10.1(b); (ii) upon written notice from Shipper, if Gatherer has failed to complete the facilities necessary to connect each Planned Well Pad and/or Planned Well to the Gathering System by On-Line Deadline as provided in Section 3.2; (iii) upon written notice from Shipper, if Gatherer has failed to commence the Gathering Services with respect to any Planned Well Pad and/or Planned ▇▇▇▇▇ by the On-Line Deadline as provided in Section 3.2; (iv) upon written notice from Shipper, if each of the following four conditions are satisfied: (A) the first production from any Well or Planned Well on a Well Pad or Planned Well Pad has not occurred on or before the fifth anniversary of the Execution Date, (B) at the time of such notice such Well Pad or Planned Well Pad is located more than three miles from the nearest then-existing connection to the Gathering System, (C) a non-Affiliated Third Party gatherer offers a lower cost of service to connect such Well Pad or Planned Well Pad and deliver such Dedicated Production produced from such ▇▇▇▇▇ or Planned ▇▇▇▇▇ to the desired delivery point than Gatherer offers under this Agreement (and following such notice does enter into an agreement for the gathering of such Dedicated Production), and (D) such Well Pads or Planned Well Pad and ▇▇▇▇▇ or Planned ▇▇▇▇▇ are located outside of the area served or to be served by the then existing Gathering System as reflected in the then-existing Gathering System Plan; (v) upon written notice from Shipper, with respect to such Dedicated Production that is unitized or pooled with oil and gas leases or mineral interests of Third Parties, if none of Shipper, Noble CNX or any of their Affiliates is the operator of such unit or pooled area at the time the applicable Well is drilled; or (vi) if such Dedicated Properties are transferred by Shipper free of the dedication as provided in Section 14.1(b). (b) Gatherer shall also consider in good faith any proposal by Shipper made from time to time to permanently release one or more of the Dedicated Properties and the production therefrom from the dedication under this Agreement if Shipper reasonably believes that installing pipelines and equipment necessary to connect such Dedicated Properties to the Gathering System would be economically disadvantageous for Shipper, considering all gathering alternatives. (c) Dedicated Production may also be temporarily released from dedication under this Agreement as expressly provided in this Agreement, including in the event of (i) an unpermitted interruption as provided in Section 10.1(b) or (ii) an interruption or curtailment of receipts and deliveries as provided in Section 4.6(d). (d) At the request of Shipper, the Parties shall execute a release reasonably acceptable to Shipper (which, in the case of a permanent release, shall be in recordable form) reflecting the release of particular ▇▇▇▇▇, Planned ▇▇▇▇▇ and/or Drilling Units and associated acreage included in the Dedicated Properties from dedication under this Agreement in accordance with the provisions hereof.