Common use of Acknowledgments and Agreements Clause in Contracts

Acknowledgments and Agreements. Gatherer and Acquirer (i) acknowledge that Gatherer has provided to Acquirer a copy of the GGA (excluding the exhibits and schedules thereto that do not relate to the Acquired System); (ii) acknowledge that the term of the GGA commenced on November 30, 2010 (the “Effective Date”) and, unless terminated sooner in accordance with its terms, continues in effect through December 31, 2020 (the “Primary Term”) and continues in effect from year to year thereafter, unless terminated by Producers or Gatherer upon notice to the other no less than 6 months prior to the end of the Primary Term or any year thereafter; (iii) acknowledge that the Acquired System is a part of the Springridge Gathering System; (iv) acknowledge Producers’ rights to have Producers’ Gas connected to, received by, gathered, compressed, dehydrated, treated and processed, as applicable, and redelivered to Producers on and over the Springridge Gathering System, on and subject to the terms and conditions provided in the GGA; and (v) agree that Producers, the successors and permitted assigns of Producers under the GGA, and any Persons who acquire any interest in the Dedicated Properties and enter into a separate gas gathering agreement pursuant to Section 9.3(a) of the GGA covering any part of the Acquired System (collectively, the “Producer Parties”) shall have the rights referenced in clause (iv) above in respect of the Acquired System. Acquirer agrees that if Acquirer sells, transfers or otherwise disposes of an interest in or all or any part of the Acquired System during the term of the GGA, Acquirer shall execute (and shall cause the Person acquiring such interest or part to execute) an acknowledgment substantially in the same form and content as this Acknowledgment and otherwise acceptable to Producers, acting reasonably.

Acknowledgments and Agreements. Gatherer and Acquirer (i) acknowledge that Gatherer has provided to Acquirer a copy of the GGA (excluding the exhibits and schedules thereto that do not relate to the Acquired System); (ii) acknowledge that the term of the GGA commenced on November 30February 1, 2010 (the “Effective Date”) and, unless terminated sooner in accordance with its terms, continues in effect through December 31September 30, 2020 2029 (the “Primary Term”) and continues in effect from year to year for successive 12-month periods thereafter, unless terminated by Producers or Gatherer upon notice to the other no less than 6 months prior to the end of the Primary Term or any year 12-month period thereafter, as applicable; (iii) acknowledge that the Acquired System is a part of the Springridge a Xxxxxxx Gathering System; (iv) acknowledge Producers’ rights to have Producers’ Gas connected to, received by, gathered, compressed, dehydrated, treated and processed, as applicable, and redelivered to Producers on and over the Springridge Xxxxxxx Gathering System, on and subject to the terms and conditions provided in the GGA; and (v) agree that Producers, the successors and permitted assigns of Producers under the GGA, and any Persons who acquire any interest in the Dedicated Xxxxxxx Properties and enter into a separate gas gathering agreement pursuant to Section 9.3(a) of the GGA covering any part of the Acquired System (collectively, the “Producer Parties”) shall have the rights referenced in clause (iv) above in respect of the Acquired System. Acquirer agrees that if Acquirer sells, transfers or otherwise disposes of an interest in or all or any part of the Acquired System during the term of the GGA, Acquirer shall execute (and shall cause the Person acquiring such interest or part to execute) an acknowledgment substantially in the same form and content as this Acknowledgment and otherwise acceptable to Producers, acting reasonably.

Acknowledgments and Agreements. Gatherer and Acquirer (i) acknowledge that Gatherer has provided to Acquirer a copy of the GGA (excluding the exhibits and schedules thereto that do not relate to the Acquired System); (ii) acknowledge that the term of the GGA commenced on November September 30, 2010 (the “Effective Date”) 2009 and, unless terminated sooner in accordance with its terms, continues in effect through December 31September 30, 2020 2029 (the “Primary Term”) and continues in effect from year 12-month period to year 12-month period thereafter, unless terminated by Producers or Gatherer upon notice to the other no less than 6 months prior to the end of the Primary Term or any year 12-month period thereafter, as applicable; (iii) acknowledge that the Acquired System is a part of the Springridge a Gathering System; (iv) acknowledge Producers’ rights to have Producers’ Gas connected to, received by, gathered, compressed, dehydrated, treated and processed, as applicable, and redelivered to Producers on and over the Springridge Gathering System, on and subject to the terms and conditions provided in the GGA; and (v) agree that Producers, the successors and permitted assigns of Producers under the GGA, and any Persons who acquire any interest in the Dedicated Xxxxxxx Properties and enter into a separate gas gathering agreement pursuant to Section 9.3(a) of the GGA covering any part of the Acquired System (collectively, the “Producer Parties”) shall have the rights referenced in clause (iv) above in respect of the Acquired System. Acquirer agrees that if Acquirer sells, transfers or otherwise disposes of an interest in or all or any part of the Acquired System during the term of the GGA, Acquirer shall execute (and shall cause the Person acquiring such interest or part to execute) an acknowledgment substantially in the same form and content as this Acknowledgment and otherwise acceptable to Producers, acting reasonably.

Acknowledgments and Agreements. Gatherer (a) The Seller hereby represents that each has read and Acquirer understands and agrees to be bound by the terms of this Article VII. The Seller acknowledges that the geographic scope and duration of the covenants contained in Section 7.2 are the result of arm’s-length bargaining and are fair and reasonable in light of (i) acknowledge that Gatherer has provided to Acquirer a copy the nature and geographic scope of the GGA (excluding operations of the exhibits and schedules thereto that do not relate Business conducted by Seller prior to the Acquired System); Closing Date, (ii) acknowledge the Seller level of control over and contact with the Business in all jurisdictions in which they are conducted, (iii) the fact that the term Business is conducted throughout the geographic area where competition is restricted by Section 7.2(a) and (iv) the Purchase Price received by Seller. It is the desire and intent of the GGA commenced on November 30, 2010 (parties that the “Effective Date”) and, unless terminated sooner in accordance with its terms, continues in effect through December 31, 2020 (the “Primary Term”) and continues in effect from year to year thereafter, unless terminated by Producers or Gatherer upon notice provisions of this Agreement be enforced to the other no less than 6 months fullest extent permitted under applicable legal requirements, whether now or hereafter in effect, and therefore, should the provisions of Section 7.2 be deemed unenforceable by a court of competent jurisdiction or any Seller breach any provision of Section 7.2 prior to the end expiration of the Primary Term or any year thereafter; time period described in Section 7.2(b). (iiib) acknowledge The Seller hereby acknowledges and agrees that the Acquired System is a part of the Springridge Gathering System; (iv) acknowledge Producers’ rights to Purchaser would not have Producers’ Gas connected to, received by, gathered, compressed, dehydrated, treated and processed, as applicable, and redelivered to Producers on and over the Springridge Gathering System, on and subject entered into this Agreement if they had not agreed to the terms and conditions provided provisions of this Article VII. If any court determines that any of such covenants in this Article VII, or any part thereof, are unenforceable, then: (i) the GGAremainder of such covenants shall not be affected by such determination; and (vii) agree those of such covenants that Producersare determined to be unenforceable because of the duration or scope thereof shall be reformed by the court to reduce their duration or scope so as to render the same enforceable against such party. (c) The Seller hereby acknowledges that a breach of any of the obligations contained in this Article VII would cause immediate and irreparable harm to Purchaser for which an adequate monetary remedy does not exist; hence, the successors and permitted assigns of Producers under the GGASeller agrees that, and any Persons who acquire any interest in the Dedicated Properties and enter into event of a separate gas gathering agreement pursuant to Section 9.3(a) breach or threatened breach of any of the GGA covering obligations contained in this Article VII, Purchaser shall be entitled to injunctive relief restraining such Seller from violation of any part such provision without the necessity of proof of actual damage or the Acquired System (collectivelyposting of any bond, the “Producer Parties”) except as required by non-waivable, applicable Law. Nothing herein shall have the rights referenced be construed as prohibiting Purchaser from pursuing any other remedy at law or in clause (iv) above in respect of the Acquired System. Acquirer agrees that if Acquirer sells, transfers or otherwise disposes of an interest in or all or any part of the Acquired System during the term of the GGA, Acquirer shall execute (and shall cause the Person acquiring such interest or part equity to execute) an acknowledgment substantially which it may be entitled under applicable Law in the same form event of a breach or threatened breach of this Agreement, including without limitation recovery of costs and content expenses such as this Acknowledgment reasonable attorneys’ fees incurred by reason of any such breach and otherwise acceptable to Producers, acting reasonablyactual damages sustained by such party as a result of any such breach.

Acknowledgments and Agreements. Gatherer (a) EPOP hereby advises Seller that Xxxxxx Holdings has merged with and Acquirer (i) into EPOP, with EPOP surviving the merger. Seller and EPOP acknowledge and agree that Gatherer has provided to Acquirer a copy from and after the effective time of the GGA (excluding the exhibits and schedules thereto that do not relate to the Acquired System); (ii) acknowledge that the term of the GGA commenced on November 30, 2010 (the “Effective Date”) and, unless terminated sooner in accordance with its terms, continues in effect through December 31, 2020 (the “Primary Term”) and continues in effect from year to year thereafter, unless terminated by Producers or Gatherer upon notice to the other no less than 6 months prior to the end of the Primary Term or any year thereafter; (iii) acknowledge that the Acquired System is a part of the Springridge Gathering System; (iv) acknowledge Producers’ rights to have Producers’ Gas connected to, received by, gathered, compressed, dehydrated, treated and processedmerger EPOP, as applicablethe successor by merger to Xxxxxx Holdings, shall be deemed for all purposes under the Purchase Agreement, as amended hereby, to be “Purchaser” thereunder and hereunder, and redelivered to Producers on and over the Springridge Gathering SystemPurchase Agreement, on and subject to the terms and conditions provided in the GGA; and (v) agree that Producers, the successors and permitted assigns of Producers under the GGA, and any Persons who acquire any interest in the Dedicated Properties and enter into a separate gas gathering agreement pursuant to Section 9.3(a12.10 thereof, shall be binding upon and inure to the benefit of EPOP as the successor to Xxxxxx Holdings. (b) Seller, EPOP and Xxxxxx Gathering agree that from and after the effective time of this Amendment, all references to “Purchaser” in the GGA covering any part of Purchase Agreement, as amended hereby, shall refer to Xxxxxx Gathering insofar as, and only to the Acquired System (collectivelyextent that, the “Producer Parties”) shall have use of such term in the Purchase Agreement, as amended hereby, relates to the rights referenced in clause (iv) above and obligations of Purchaser in respect of the Acquired System. Acquirer agrees that if Acquirer sellsAGC Assets and the Assumed AGC Obligations. (c) Seller, transfers or otherwise disposes of an interest in or all or any part EPOP and Xxxxxx Gathering agree that, notwithstanding Section 12.19 of the Acquired System during Purchase Agreement, EPOP and Xxxxxx Gathering shall be deemed to be express signatories and parties to the term Purchase Agreement, as amended hereby. (d) EPOP and Xxxxxx Gathering acknowledge and agree that they have no objection to the timing of the GGA, Acquirer delivery by Seller of the Material Contracts delivered by Seller to Purchaser pursuant to Section 7.17 of the Purchase Agreement and no adjustment to the Purchase Price shall execute (and shall cause be required pursuant to Section 7.16 of the Person acquiring such interest or part to execute) an acknowledgment substantially in the same form and content as this Acknowledgment and otherwise acceptable to Producers, acting reasonablyPurchase Agreement.