Common use of Suspension/Shutdown of Service Clause in Contracts

Suspension/Shutdown of Service. (a) During any period when all or any portion of the Gathering System is shut down because of necessary maintenance or repairs or Force Majeure or because such shutdown is necessary to avoid injury or harm to Persons or property, to the environment or to the integrity of the Gathering System, receipts of Shipper’s Gas and/or Liquid Condensate and the Gas and/or Liquid Condensate of other shippers may be curtailed as set forth in Section 1.7 of Exhibit A. Subject to Section 5.2(b), in such cases Gatherer shall have no liability to Shipper, except to the extent such shut down is caused by the negligence, gross negligence or willful misconduct of Gatherer; provided that Gatherer shall have no liability for any special, indirect, or consequential damages. (b) Gatherer shall have the right to curtail or interrupt receipts and deliveries of Gas and Liquid Condensate for brief periods to perform necessary maintenance of and repairs or modifications (including modifications required to perform its obligations under this Agreement) to the Gathering System; provided, however, that Gatherer shall coordinate its maintenance, repair and modification operations with the operations of Shipper and, in any case, schedule maintenance, repair and modification operations so as to avoid or minimize to the greatest extent possible service curtailments or interruptions. Gatherer shall provide Shipper (i) with 30 Days prior notice of any upcoming normal and routine maintenance, repair and modification projects that Gatherer has planned that would result in a curtailment or interruption of Shipper’s deliveries and the estimated time period for such curtailment or interruption and (ii) with six Months prior notice of any maintenance (A) of which Gatherer has knowledge at least six Months in advance and (B) that is anticipated to result in a curtailment or interruption of Shipper’s deliveries for five or more consecutive Days. (c) It is specifically understood by Shipper that operations and activities on facilities upstream or downstream of the Gathering System beyond Gatherer’s control may impact operations on the Gathering System, and the Parties agree that Gatherer shall have no liability therefor. (d) If at any time Gatherer interrupts or curtails receipts and deliveries of Gas pursuant to this Section 4.6 for a period of 5 consecutive Days or for more than 7 Days during any consecutive two week period, then at Shipper’s written request, the affected volumes of Gas shall be temporarily released from dedication to this Agreement for a period commencing as of the date of such request and ending as of the first Day of the Month 30 Days following Shipper’s receipt of notice from Gatherer that such receipts and deliveries are no longer interrupted or curtailed.

Suspension/Shutdown of Service. (a) During any period when all or any portion of the Gathering System is shut down because of necessary maintenance maintenance, repairs or repairs modifications or Force Majeure or because such shutdown is necessary to avoid injury or harm to Persons or persons, property, to the environment environment, or to the integrity of the Gathering System, receipts and/or deliveries of Shipper’s Gas and/or Liquid Condensate and the Gas and/or Liquid Condensate of other shippers Shipper Crude Oil may be curtailed as set forth in Section 1.7 1.5 of Exhibit A. Subject to Section 5.2(b)the Operating Terms. In such cases, in such cases Gatherer shall have no liability to Shipper, except to the extent such shut down is caused by the negligence, gross negligence or willful misconduct of Gatherer; provided that Gatherer (and then Gatherer shall have no liability for any special, indirect, only to the extent of such gross negligence or consequential damageswillful misconduct). (b) Gatherer shall have the right to curtail or interrupt receipts and deliveries of Gas and Liquid Condensate Crude Oil for brief periods to perform necessary maintenance of and repairs or modifications to (including modifications required to perform its obligations under this Agreement) to the Gathering System; provided, however, that Gatherer shall use its commercially reasonable efforts to (i) coordinate its maintenance, repair repair, and modification operations on the Gathering System with the operations of Shipper and, in any case, and (ii) schedule maintenance, repair repair, and modification operations on the Gathering System so as to avoid or minimize minimize, to the greatest extent possible possible, service curtailments or interruptionsinterruptions on the Gathering System. Gatherer shall provide Shipper with (iA) with 30 Days prior notice Notice of any upcoming normal and routine maintenance, repair repair, and modification projects that Gatherer has planned that would result in a curtailment or interruption of Shipper’s deliveries of Crude Oil on the Gathering System and the estimated time period for such curtailment or interruption and (ii) with six Months prior notice of any maintenance (A) of which Gatherer has knowledge at least six Months interruption, whether or not such maintenance, repair or modifications activities are contained in advance the then-current System Budget, and (B) that is anticipated Notice of any amendment, modification or other change to result the schedule of maintenance, repair or modifications activities contained in a curtailment or interruption of Shipper’s deliveries for five or more consecutive Daysthe then-current System Budget. 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 (**). (c) It is specifically understood by Shipper that operations and activities on facilities upstream or downstream of the Gathering System beyond Gatherer’s control may impact operations on the Gathering System, and the Parties agree that Gatherer shall have no liability therefortherefor unless any such impact was caused by the gross negligence or willful misconduct of Gatherer (and then Gatherer shall have liability only to the extent of such gross negligence or willful misconduct). Shipper is required to obtain, maintain or otherwise secure capacity on or into the Downstream Facilities applicable to each Delivery Point that is sufficient to accommodate the volumes of Shipper Crude Oil that were Nominated by Shipper to such Delivery Points. Notwithstanding the provisions of Section 8.6, should Shipper fail to arrange such adequate downstream transportation, Gatherer may (i) cease receipts of Shipper Crude Oil at the Receipt Points, or (ii) may continue receipts of Shipper Crude Oil at the Receipt Points and then deliver and sell any such Shipper Crude Oil to any purchaser at its sole discretion, accounting to Shipper for the net value received from the sale of such Crude Oil (after costs of transportation, taxes, and other costs of marketing). (d) If at any time Gatherer interrupts or curtails receipts and deliveries of Gas Crude Oil pursuant to this Section 4.6 8.5 (other than Section 8.5(c)) for a period of 5 30 consecutive Days or for more than 7 Days during any consecutive two week periodDays, then then, at Shipper’s written request, the affected volumes of Gas Dedicated Production shall be temporarily released from dedication to this Agreement for a period commencing as of the date of such request and ending as of the next first Day of a Month following the Month 30 Days following expiration date of Shipper’s receipt of notice from Gatherer that mitigating commercial arrangement for such receipts and deliveries are no longer interrupted or curtailedDedicated Production.

Suspension/Shutdown of Service. (a) During any period when all or any portion of the Gathering Terminals System is or the Provider Tank Cars are shut down because of necessary maintenance or repairs or Force Majeure or because such shutdown is necessary to avoid injury or harm to Persons or persons, property, to the environment environment, or to the integrity of the Gathering SystemTerminals System or the Provider Tank Cars, receipts and/or deliveries of Shipper’s Gas and/or Liquid Condensate and the Gas and/or Liquid Condensate of other shippers Customer Hydrocarbons may be curtailed as set forth in Section 1.7 1.5 of Exhibit A. Subject to Section 5.2(b), in the Operating Terms. In such cases Gatherer Provider shall have no liability to ShipperCustomer, except to the extent such shut down is caused by the negligence, gross negligence or willful misconduct of Gatherer; provided that Gatherer shall have no liability for any special, indirect, or consequential damagesthe Provider. (b) Gatherer Provider shall have the right to curtail or interrupt receipts and deliveries of Gas and Liquid Condensate Hydrocarbons for brief periods to perform necessary maintenance of and repairs or modifications (including modifications required to perform its obligations under this Agreement) to the Gathering SystemTerminals System and/or the Provider Tank Cars; provided, however, that Gatherer Provider shall use its commercially reasonable efforts to (i) coordinate its maintenance, repair repair, and modification operations on the Terminals System and the Provider Tank Cars with the operations of Shipper andCustomer 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, in any case, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). and (ii) schedule maintenance, repair repair, and modification operations on the Terminals System and the Provider Tank Cars so as to avoid or minimize minimize, to the greatest extent possible possible, service curtailments or interruptionsinterruptions on the Terminals System and the Provider Tank Cars. Gatherer Provider shall provide Shipper Customer with (iA) with 30 Days prior notice Notice of any upcoming normal and routine maintenance, repair repair, and modification projects that Gatherer Provider has planned that would result in a curtailment or interruption of ShipperCustomer’s deliveries of Hydrocarbons on the Terminals System and/or the Provider Tank Cars and the estimated time period for such curtailment or interruption and (ii) with six Months prior notice of any maintenance (A) of which Gatherer has knowledge at least six Months interruption, whether or not such maintenance, repair or modifications activities are contained in advance the then-current System Budget, and (B) that is anticipated Notice of any amendment, modification or other change to result the schedule of maintenance, repair or modifications activities contained in a curtailment or interruption of Shipper’s deliveries for five or more consecutive Daysthe then-current System Budget. (c) It is specifically understood by Shipper Customer that operations and activities on facilities upstream or downstream of the Gathering Terminals System and/or the Provider Tank Cars beyond GathererProvider’s control may impact operations on the Gathering SystemTerminals System and the Provider Tank Cars, and the Parties agree that Gatherer Provider shall have no liability therefor. Customer is required to obtain and maintain capacity on the Downstream Facilities applicable to each Delivery Point (including, as applicable, rail car take away capacity) that is sufficient to accommodate the greater of the volumes of Customer Hydrocarbons Nominated and Tendered by Customer to such Delivery Points. Notwithstanding the provisions of Section 8.6, should Customer fail to arrange such adequate downstream transportation, Provider may (i) cease receipts of Customer Hydrocarbons at the Receipt Points, or (ii) may continue receipts of Customer Hydrocarbons at the Receipt Points and then deliver and sell any such Customer Hydrocarbons to any purchaser at its sole discretion, accounting to Customer for the net value received from the sale of such Hydrocarbons (after costs of transportation, taxes, and other costs of marketing). (d) If at any time Gatherer Provider interrupts or curtails receipts and deliveries of Gas Customer Hydrocarbons pursuant to this Section 4.6 8.5 (other than Section 8.5(c)) for a period of 5 30 consecutive Days or for more than 7 Days during any consecutive two week periodDays, then then, at ShipperCustomer’s written request, the affected volumes of Gas Dedicated Crude Oil shall be temporarily released from dedication to this Agreement for a period commencing as of the date of such request and ending as of the next first Day of a Month following the Month 30 expiration date of Customer’s mitigating commercial arrangement for such Dedicated Crude Oil; provided that, in any event, such period shall end no more than 180 Days following ShipperCustomer’s receipt of notice Notice from Gatherer Provider that such receipts and deliveries are no longer interrupted or curtailed.

Suspension/Shutdown of Service. (a) During any period when all or any portion of the Gathering TGP System is shut down because of necessary maintenance maintenance, repairs or repairs modifications or Force Majeure or because such shutdown is necessary to avoid injury or harm to Persons or persons, property, to the environment environment, or to the integrity of the Gathering TGP System, receipts and/or deliveries of Shipper’s Customer Gas and/or Liquid Condensate Customer Injected NGLs (including the resulting Customer Residue Gas and the Gas and/or Liquid Condensate of other shippers Customer NGLs) may be curtailed as set forth in Section 1.7 1.5 of Exhibit A. Subject to Section 5.2(b)the Operating Terms. In such cases, in such cases Gatherer Provider shall have no liability to ShipperCustomer, except to the extent such shut down is caused by the negligence, gross negligence or willful misconduct of Gatherer; provided that Gatherer Provider (and then Provider shall have no liability for any special, indirect, only to the extent of such gross negligence or consequential damageswillful misconduct). (b) Gatherer Provider shall have the right to curtail or interrupt receipts and deliveries of Gas and/or Injected NGLs (including the resulting Residue Gas and Liquid Condensate NGLs) for brief periods to perform necessary maintenance of and repairs or modifications to (including modifications required to perform its obligations under this Agreement) to the Gathering TGP System; provided, however, that Gatherer Provider shall use its commercially reasonable efforts to (i) coordinate its maintenance, repair repair, and modification operations on the TGP System with the operations of Shipper and, in any case, Customer and (ii) schedule maintenance, repair repair, and modification operations on the TGP System so as to avoid or minimize minimize, to the greatest extent possible possible, service curtailments or interruptionsinterruptions on the TGP System. Gatherer Provider shall provide Shipper Customer with (iA) with 30 60 Days prior notice Notice of any upcoming 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 (**). normal and routine maintenance, repair repair, and modification projects that Gatherer Provider has planned that would result in a curtailment or interruption of ShipperCustomer’s deliveries of Customer Gas and/or Customer Injected NGLs (including the resulting Customer Residue Gas and Customer NGLs) on the TGP System and the estimated time period for such curtailment or interruption and (ii) with six Months prior notice of any maintenance (A) of which Gatherer has knowledge at least six Months interruption, whether or not such maintenance, repair or modifications activities are contained in advance the then-current System Budget, and (B) that is anticipated Notice of any amendment, modification or other change to result the schedule of maintenance, repair or modifications activities contained in a curtailment or interruption of Shipper’s deliveries for five or more consecutive Daysthe then-current System Budget. (c) It is specifically understood by Shipper Customer that operations and activities on facilities upstream or downstream of the Gathering TGP System beyond GathererProvider’s control may impact operations on the Gathering TGP System, and the Parties agree that Gatherer Provider shall have no liability therefortherefor unless any such impact was caused by the gross negligence or willful misconduct of Provider (and then Provider shall have liability only to the extent of such gross negligence or willful misconduct). Customer is required to obtain, maintain or otherwise secure capacity on or into the Downstream Facilities applicable to each Delivery Point that is sufficient to accommodate the volumes of Customer Residue Gas and/or Customer NGLs that were Nominated by Customer to such Delivery Points. Notwithstanding the provisions of Section 8.6, should Customer fail to arrange such adequate downstream transportation, Provider may (i) cease receipts of Customer Gas and/or Customer Injected NGLs at the Receipt Points, or (ii) may continue receipts of Customer Gas and/or Customer Injected NGLs at the Receipt Points and then deliver and sell any Residue Gas or NGLs allocable to such Customer Gas and/or Customer Injected NGLs to any purchaser at its sole discretion, accounting to Customer for the net value received from the sale of such Hydrocarbons (after costs of transportation, taxes, and other costs of marketing). (d) If at any time Gatherer Provider interrupts or curtails receipts and deliveries of Customer Gas and/or Customer Injected NGLs pursuant to this Section 4.6 8.5 (other than Section 8.5(c)) for a period of 5 30 consecutive Days or for more than 7 Days during any consecutive two week periodDays, then then, at ShipperCustomer’s written request, the affected volumes of Gas Dedicated Production shall be temporarily released from dedication to this Agreement for a period commencing as of the date of such request and ending as of the next first Day of a Month following the Month 30 expiration date of Customer’s mitigating commercial arrangement for such Dedicated Production; provided that, in any event, such period shall end no more than 180 Days following ShipperCustomer’s receipt of notice Notice from Gatherer Provider that such receipts and deliveries are no longer interrupted or curtailed.

Suspension/Shutdown of Service. (a) During any period when all or any portion of the Gathering Mentor System is shut down because of necessary maintenance or repairs or Force Majeure or because such shutdown is necessary to avoid injury or harm to Persons or persons, property, to the environment environment, or to the integrity of the Gathering Mentor System, receipts and/or deliveries of Shipper’s Gas and/or Liquid Condensate and the Gas and/or Liquid Condensate of other shippers Customer Product may be curtailed as set forth in Section 1.7 1.5 of Exhibit A. Subject to Section 5.2(b), in the Operating Terms. In such cases Gatherer Provider shall have no liability to ShipperCustomer, except to the extent such shut down is caused by the negligence, gross negligence or willful misconduct of Gatherer; provided that Gatherer shall have no liability for any special, indirect, or consequential damagesthe Provider. (b) Gatherer Provider shall have the right to curtail or interrupt receipts and deliveries of Gas and Liquid Condensate Product for brief periods to perform necessary maintenance of and repairs or modifications (including modifications required to perform its obligations under this Agreement) to the Gathering Mentor System; provided, however, that Gatherer Provider shall use its commercially reasonable efforts to (i) coordinate its maintenance, repair repair, and modification operations on the Mentor System with 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 (**). the operations of Shipper and, in any case, Customer and (ii) schedule maintenance, repair repair, and modification operations on the Mentor System so as to avoid or minimize minimize, to the greatest extent possible possible, service curtailments or interruptionsinterruptions on the Mentor System. Gatherer Provider shall provide Shipper (i) Customer with 30 Days prior notice Notice of any upcoming normal and routine maintenance, repair repair, and modification projects that Gatherer Provider has planned that would result in a curtailment or interruption of ShipperCustomer’s deliveries of Product on the Mentor System and the estimated time period for such curtailment or interruption and (ii) with six Months prior notice of any maintenance (A) of which Gatherer has knowledge at least six Months in advance and (B) that is anticipated to result in a curtailment or interruption of Shipper’s deliveries for five or more consecutive Daysinterruption. (c) It is specifically understood by Shipper Customer that operations and activities on facilities upstream or downstream of the Gathering Mentor System beyond GathererProvider’s control may impact operations on the Gathering Mentor System, and the Parties agree that Gatherer Provider shall have no liability therefor. . Customer is required to obtain and maintain capacity on the Downstream Facilities applicable to each Delivery Point (dincluding, as applicable, truck and/or rail car take away capacity) If at any time Gatherer interrupts or curtails receipts and deliveries of Gas pursuant that is sufficient to this Section 4.6 for a period of 5 consecutive Days or for more than 7 Days during any consecutive two week period, then at Shipper’s written request, accommodate the affected volumes of Gas shall be temporarily released Customer Product Nominated by Customer to such Delivery Points. Notwithstanding the provisions of Section 5.5, should Customer fail to arrange adequate downstream transportation, Provider may (i) cease receipts of Customer Product at the Receipt Points, or (ii) may continue receipts of Customer Product at the Receipt Points and then deliver and sell Customer Product to any purchaser at its sole discretion, accounting to Customer for the net value received from dedication to this Agreement for a period commencing as of the date sale of such request Product (after costs of transportation, taxes, and ending as other costs of the first Day of the Month 30 Days following Shipper’s receipt of notice from Gatherer that such receipts and deliveries are no longer interrupted or curtailedmarketing).

Suspension/Shutdown of Service. (a) During any period when all or any portion of the Gathering System is shut down because of necessary maintenance maintenance, repairs or repairs modifications or Force Majeure or because such shutdown is necessary to avoid injury or harm to Persons or persons, property, to the environment environment, or to the integrity of the Gathering System, receipts and/or deliveries of Shipper’s Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Liquid Condensate and the Gas and/or Liquid Condensate of other shippers Injected Liquids may be curtailed as set forth in Section 1.7 1.5 of Exhibit A. Subject to Section 5.2(b)the Operating Terms. In such cases, in such cases Gatherer shall have no liability to Shipper, except to the extent such shut down is caused by the negligence, gross negligence or willful misconduct of Gatherer; provided that Gatherer (and then Gatherer shall have no liability for any special, indirect, only to the extent of such gross negligence or consequential damageswillful misconduct). (b) Gatherer shall have the right to curtail or interrupt receipts and deliveries of Gas and Liquid Condensate (including any Drip Liquids allocated to any shipper in accordance with this Agreement) and/or Injected Liquids for brief periods to perform necessary maintenance of and repairs or modifications to (including modifications required to perform its obligations under this Agreement) to the Gathering System; provided, however, that Gatherer shall use its commercially reasonable efforts to (i) coordinate its maintenance, repair repair, and modification operations on the Gathering System with the operations of Shipper and, in any case, and (ii) schedule maintenance, repair repair, and modification operations on the Gathering System so as to avoid or minimize minimize, to the greatest extent possible possible, service curtailments or interruptionsinterruptions on the Gathering System. Gatherer shall provide Shipper with (iA) with 30 Days prior notice Notice of any upcoming normal and routine maintenance, repair repair, and modification projects that Gatherer has planned that would result in a curtailment or interruption of Shipper’s deliveries of Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Injected Liquids on the Gathering System and the estimated time period for such curtailment or interruption and (ii) with six Months prior notice of any maintenance (A) of which Gatherer has knowledge at least six Months interruption, whether or not such maintenance, repair or modifications activities are contained in advance the then-current System Budget, and (B) that is anticipated Notice of any amendment, modification or other change to result the schedule of maintenance, repair or modifications activities contained in a curtailment or interruption of Shipper’s deliveries for five or more consecutive Daysthe then-current System Budget. (c) It is specifically understood by Shipper that operations and activities on facilities upstream or downstream of the Gathering System beyond Gatherer’s control may impact operations on the Gathering System, and the Parties agree that Gatherer shall have no liability therefortherefor unless any such impact was caused by the gross negligence or willful misconduct of Gatherer (and then Gatherer shall have liability only to the extent of such gross negligence or willful misconduct). Shipper is required to obtain, maintain or otherwise secure capacity on or into the Downstream Facilities applicable to each Delivery Point that is sufficient to accommodate the volumes of Shipper Gas (including any Drip Liquids allocated to Shipper in 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 (**). accordance with this Agreement) and/or Injected Liquids, as applicable, that were nominated by Shipper to such Delivery Points. Notwithstanding the provisions of Section 8.6, should Shipper fail to arrange such adequate downstream transportation, Gatherer may (i) cease receipts of Shipper Gas and/or Shipper Injected Liquids at the Receipt Points, or (ii) may continue receipts of Shipper Gas and/or Shipper Injected Liquids at the Receipt Points and then deliver and sell any such Shipper Gas (including any Drip Liquids allocated to such Shipper Gas in accordance with this Agreement) and/or Shipper Injected Liquids to any purchaser at its sole discretion, accounting to Shipper for the net value received from the sale of such Gas (after costs of transportation, taxes, and other costs of marketing). (d) If at any time Gatherer interrupts or curtails receipts and deliveries of Gas and/or Injected Liquids pursuant to this Section 4.6 8.5 (other than Section 8.5(c)) for a period of 5 30 consecutive Days or for more than 7 Days during any consecutive two week periodDays, then then, at Shipper’s written request, the affected volumes of Gas Dedicated Production shall be temporarily released from dedication to this Agreement for a period commencing as of the date of such request and ending as of the next first Day of a Month following the Month 30 expiration date of Shipper’s mitigating commercial arrangement for such Dedicated Production; provided that, in any event, such period shall end no more than 180 Days following Shipper’s receipt of notice Notice from Gatherer that such receipts and deliveries are no longer interrupted or curtailed.

Suspension/Shutdown of Service. (a) During any period when all or any portion of the Gathering System is shut down because of necessary maintenance maintenance, repairs or repairs modifications or Force Majeure or because such shutdown is necessary to avoid injury or harm to Persons or persons, property, to the environment environment, or to the integrity of the Gathering System, receipts and/or deliveries of Shipper’s Gas and/or Liquid Condensate and the Gas and/or Liquid Condensate of other shippers Shipper Crude Oil may be curtailed as set forth in Section 1.7 1.5 of Exhibit A. Subject to Section 5.2(b)the Operating Terms. In such cases, in such cases Gatherer shall have no liability to Shipper, except to the extent such shut down is caused by the negligence, gross negligence or willful misconduct of Gatherer; provided that Gatherer (and then Gatherer shall have no liability for any special, indirect, only to the extent of such gross negligence or consequential damageswillful misconduct). (b) Gatherer shall have the right to curtail or interrupt receipts and deliveries of Gas and Liquid Condensate Crude Oil for brief periods to perform necessary maintenance of and repairs or modifications to (including modifications required to perform its obligations under this Agreement) to the Gathering System; provided, however, that Gatherer shall use its commercially reasonable efforts to (i) coordinate its maintenance, repair repair, and modification operations on the Gathering System with the operations of Shipper and, in any case, and (ii) schedule maintenance, repair repair, and modification operations on the Gathering System so as to avoid or minimize minimize, to the greatest extent possible possible, service curtailments or interruptionsinterruptions on the Gathering System. Gatherer shall provide Shipper with (iA) with 30 Days prior notice Notice of any upcoming normal and routine maintenance, repair repair, and modification projects that Gatherer has planned that would result in a curtailment or interruption of Shipper’s 's deliveries of Crude Oil on the Gathering System and the estimated time period for such curtailment or interruption and (ii) with six Months prior notice of any maintenance (A) of which Gatherer has knowledge at least six Months interruption, whether or not such maintenance, repair or modifications activities are contained in advance the then-current System Budget, and (B) that is anticipated Notice of any amendment, modification or other change to result the schedule of maintenance, repair or modifications activities contained in a curtailment or interruption of Shipper’s deliveries for five or more consecutive Daysthe then-current System Budget. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. (c) It is specifically understood by Shipper that operations and activities on facilities upstream or downstream of the Gathering System beyond Gatherer’s 's control may impact operations on the Gathering System, and the Parties agree that Gatherer shall have no liability therefortherefor unless any such impact was caused by the gross negligence or willful misconduct of Gatherer (and then Gatherer shall have liability only to the extent of such gross negligence or willful misconduct). Shipper is required to obtain, maintain or otherwise secure capacity on or into the Downstream Facilities applicable to each Delivery Point that is sufficient to accommodate the volumes of Shipper Crude Oil that were Nominated by Shipper to such Delivery Points. Notwithstanding the provisions of Section 8.6, should Shipper fail to arrange such adequate downstream transportation, Gatherer may (i) cease receipts of Shipper Crude Oil at the Receipt Points, or (ii) may continue receipts of Shipper Crude Oil at the Receipt Points and then deliver and sell any such Shipper Crude Oil to any purchaser at its sole discretion, accounting to Shipper for the net value received from the sale of such Crude Oil (after costs of transportation, taxes, and other costs of marketing). (d) If at any time Gatherer interrupts or curtails receipts and deliveries of Gas Crude Oil pursuant to this Section 4.6 8.5 (other than Section 8.5(c)) for a period of 5 30 consecutive Days or for more than 7 Days during any consecutive two week periodDays, then then, at Shipper’s ▇▇▇▇▇▇▇'s written request, the affected volumes of Gas Dedicated Production shall be temporarily released from dedication to this Agreement for a period commencing as of the date of such request and ending as of the next first Day of a Month following the Month 30 Days following expiration date of Shipper’s receipt of notice from Gatherer that 's mitigating commercial arrangement for such receipts and deliveries are no longer interrupted or curtailedDedicated Production.

Suspension/Shutdown of Service. (a) During any period when all or any portion of the Gathering System is shut down because of necessary maintenance maintenance, repairs or repairs modifications or Force Majeure or because such shutdown is necessary to avoid injury or harm to Persons or persons, property, to the environment environment, or to the integrity of the Gathering System, receipts and/or deliveries of Shipper’s Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Liquid Condensate and the Gas and/or Liquid Condensate of other shippers Injected Liquids may be curtailed as set forth in Section 1.7 1.5 of Exhibit A. Subject to Section 5.2(b)the Operating Terms. In such cases, in such cases Gatherer shall have no liability to Shipper, except to the extent such shut down is caused by the negligence, gross negligence or willful misconduct of Gatherer; provided that Gatherer (and then Gatherer shall have no liability for any special, indirect, only to the extent of such gross negligence or consequential damageswillful misconduct). (b) Gatherer shall have the right to curtail or interrupt receipts and deliveries of Gas and Liquid Condensate (including any Drip Liquids allocated to any shipper in accordance with this Agreement) and/or Injected Liquids for brief periods to perform necessary maintenance of and repairs or modifications to (including modifications required to perform its obligations under this Agreement) to the Gathering System; provided, however, that Gatherer shall use its commercially reasonable efforts CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. to (i) coordinate its maintenance, repair repair, and modification operations on the Gathering System with the operations of Shipper and, in any case, and (ii) schedule maintenance, repair repair, and modification operations on the Gathering System so as to avoid or minimize minimize, to the greatest extent possible possible, service curtailments or interruptionsinterruptions on the Gathering System. Gatherer shall provide Shipper with (iA) with 30 Days prior notice Notice of any upcoming normal and routine maintenance, repair repair, and modification projects that Gatherer has planned that would result in a curtailment or interruption of Shipper’s 's deliveries of Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Injected Liquids on the Gathering System and the estimated time period for such curtailment or interruption and (ii) with six Months prior notice of any maintenance (A) of which Gatherer has knowledge at least six Months interruption, whether or not such maintenance, repair or modifications activities are contained in advance the then-current System Budget, and (B) that is anticipated Notice of any amendment, modification or other change to result the schedule of maintenance, repair or modifications activities contained in a curtailment or interruption of Shipper’s deliveries for five or more consecutive Daysthe then-current System Budget. (c) It is specifically understood by Shipper that operations and activities on facilities upstream or downstream of the Gathering System beyond Gatherer’s 's control may impact operations on the Gathering System, and the Parties agree that Gatherer shall have no liability therefortherefor unless any such impact was caused by the gross negligence or willful misconduct of Gatherer (and then Gatherer shall have liability only to the extent of such gross negligence or willful misconduct). Shipper is required to obtain, maintain or otherwise secure capacity on or into the Downstream Facilities applicable to each Delivery Point that is sufficient to accommodate the volumes of Shipper Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Injected Liquids, as applicable, that were nominated by Shipper to such Delivery Points. Notwithstanding the provisions of Section 8.6, should Shipper fail to arrange such adequate downstream transportation, Gatherer may (i) cease receipts of Shipper Gas and/or Shipper Injected Liquids at the Receipt Points, or (ii) may continue receipts of Shipper Gas and/or Shipper Injected Liquids at the Receipt Points and then deliver and sell any such Shipper Gas (including any Drip Liquids allocated to such Shipper Gas in accordance with this Agreement) and/or Shipper Injected Liquids to any purchaser at its sole discretion, accounting to Shipper for the net value received from the sale of such Gas (after costs of transportation, taxes, and other costs of marketing). (d) If at any time Gatherer interrupts or curtails receipts and deliveries of Gas and/or Injected Liquids pursuant to this Section 4.6 8.5 (other than Section 8.5(c)) for a period of 5 30 consecutive Days or for more than 7 Days during any consecutive two week periodDays, then then, at Shipper’s ▇▇▇▇▇▇▇'s written request, the affected volumes of Gas Dedicated Production shall be temporarily released from dedication to this Agreement for a period commencing as of the date of such request and ending as of the next first Day of a Month following the Month 30 expiration date of ▇▇▇▇▇▇▇'s mitigating commercial arrangement for such Dedicated Production; provided that, in any event, such period shall end no more than 180 Days following Shipper’s ▇▇▇▇▇▇▇'s receipt of notice Notice from Gatherer that such receipts and deliveries are no longer interrupted or curtailed.

Suspension/Shutdown of Service. (a) During any period when all or any portion of the Gathering System is shut down because of necessary maintenance maintenance, repairs or repairs modifications or Force Majeure or because such shutdown is necessary to avoid injury or harm to Persons or persons, property, to the environment environment, or to the integrity of the Gathering System, receipts and/or deliveries of Shipper’s Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Liquid Condensate and the Gas and/or Liquid Condensate of other shippers Injected Liquids may be curtailed as set forth in Section 1.7 1.5 of Exhibit A. Subject to Section 5.2(b)the Operating Terms. In such cases, in such cases Gatherer shall have no liability to Shipper, except to the extent such shut down is caused by the negligence, gross negligence or willful misconduct of Gatherer; provided that Gatherer (and then Gatherer shall have no liability for any special, indirect, only to the extent of such gross negligence or consequential damageswillful misconduct). (b) Gatherer shall have the right to curtail or interrupt receipts and deliveries of Gas and Liquid Condensate (including any Drip Liquids allocated to any shipper in accordance with this Agreement) and/or Injected Liquids for brief periods to perform necessary maintenance of and repairs or modifications to (including modifications required to perform its obligations under this Agreement) to the Gathering System; provided, however, that Gatherer shall use its commercially reasonable efforts 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 (**). to (i) coordinate its maintenance, repair repair, and modification operations on the Gathering System with the operations of Shipper and, in any case, and (ii) schedule maintenance, repair repair, and modification operations on the Gathering System so as to avoid or minimize minimize, to the greatest extent possible possible, service curtailments or interruptionsinterruptions on the Gathering System. Gatherer shall provide Shipper with (iA) with 30 Days prior notice Notice of any upcoming normal and routine maintenance, repair repair, and modification projects that Gatherer has planned that would result in a curtailment or interruption of Shipper’s deliveries of Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Injected Liquids on the Gathering System and the estimated time period for such curtailment or interruption and (ii) with six Months prior notice of any maintenance (A) of which Gatherer has knowledge at least six Months interruption, whether or not such maintenance, repair or modifications activities are contained in advance the then-current System Budget, and (B) that is anticipated Notice of any amendment, modification or other change to result the schedule of maintenance, repair or modifications activities contained in a curtailment or interruption of Shipper’s deliveries for five or more consecutive Daysthe then-current System Budget. (c) It is specifically understood by Shipper that operations and activities on facilities upstream or downstream of the Gathering System beyond Gatherer’s control may impact operations on the Gathering System, and the Parties agree that Gatherer shall have no liability therefortherefor unless any such impact was caused by the gross negligence or willful misconduct of Gatherer (and then Gatherer shall have liability only to the extent of such gross negligence or willful misconduct). Shipper is required to obtain, maintain or otherwise secure capacity on or into the Downstream Facilities applicable to each Delivery Point that is sufficient to accommodate the volumes of Shipper Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Injected Liquids, as applicable, that were nominated by Shipper to such Delivery Points. Notwithstanding the provisions of Section 8.6, should Shipper fail to arrange such adequate downstream transportation, Gatherer may (i) cease receipts of Shipper Gas and/or Shipper Injected Liquids at the Receipt Points, or (ii) may continue receipts of Shipper Gas and/or Shipper Injected Liquids at the Receipt Points and then deliver and sell any such Shipper Gas (including any Drip Liquids allocated to such Shipper Gas in accordance with this Agreement) and/or Shipper Injected Liquids to any purchaser at its sole discretion, accounting to Shipper for the net value received from the sale of such Gas (after costs of transportation, taxes, and other costs of marketing). (d) If at any time Gatherer interrupts or curtails receipts and deliveries of Gas and/or Injected Liquids pursuant to this Section 4.6 8.5 (other than Section 8.5(c)) for a period of 5 30 consecutive Days or for more than 7 Days during any consecutive two week periodDays, then then, at Shipper’s written request, the affected volumes of Gas Dedicated Production shall be temporarily released from dedication to this Agreement for a period commencing as of the date of such request and ending as of the next first Day of a Month following the Month 30 expiration date of Shipper’s mitigating commercial arrangement for such Dedicated Production; provided that, in any event, such period shall end no more than 180 Days following Shipper’s receipt of notice Notice from Gatherer that such receipts and deliveries are no longer interrupted or curtailed.