Additional Delivery Points Sample Clauses

Additional Delivery Points. As defined in Section 6.6(b).

Additional Delivery Points. Upon the written request of Shipper (which may be given one or more times during the Term), Gatherer shall use its commercially reasonable efforts to construct, operate and maintain an additional delivery point on an Individual System, after a connection agreement with the applicable Downstream Pipeline for such delivery point, in form and substance mutually agreeable to Gatherer and such Downstream Pipeline, is entered into. Upon the completion of the construction of such delivery point, such delivery point shall constitute a “Delivery Point” for all purposes of this Agreement. Any such request by Shipper shall identify the design capacity desired by Shipper for the applicable delivery point (the “Shipper Requested Design Capacity”). Shipper shall reimburse Gatherer for all Capital Expenses incurred in connection with construction of such Delivery Point, and Shipper shall be entitled to a super-priority as to the use of the capacity at such Delivery Point for the Shipper Requested Design Capacity, to the extent permitted by applicable Laws; provided, however, if Gatherer elects to construct such Delivery Point with a greater design capacity than the Shipper Requested Design Capacity, Shipper’s foregoing reimbursement obligation and super-priority with respect to such Delivery Point will be prorated based on a fraction, expressed as a percentage, the numerator of which is the Shipper Requested Design Capacity and the denominator of which is the actual design capacity of such Delivery Point. In no event shall Gatherer be obligated to install a new Delivery Point at any location on an Individual System, where Gatherer determines, in its good faith discretion, to do so could adversely affect Gatherer’s operations and/or its ability to comply with its contractual obligations on such Individual System

Additional Delivery Points. (a) Producer shall have the continuing right, at its option, at any time after the Effective Date, to designate additional Delivery Point(s) (each, an “Additional Delivery Point”) pursuant to the terms of this Section 3.8. In each such case, Producer shall cause to be installed, owned, and operated all necessary facilities downstream of the Additional Delivery Gas Gathering Agreement dated July 1, 2018 Between Alpine High Gathering LP (Gatherer) and Apache Corporation (Producer) Point. Gatherer shall own and operate all necessary facilities upstream of such Additional Delivery Point. (b) Producer shall be allowed, in its sole discretion, to designate (1) the location for the Additional Delivery Point as long as the facility at such Delivery Point services Producer’s Gas from the Dedicated Area and/or (2) the Gathering Subsystem to which the Additional Delivery Point be connected. (c) When Producer desires an Additional Delivery Point, Producer shall provide written notice to Gatherer, including a plat of the location of the proposed Additional Delivery Point and/or notice of whether the Additional Delivery Point shall be connected to the Gathering Subsystem for Processable Gas or the Gathering Subsystem for Non-Processable Gas. Subject to Section 3.8(b) above, within [***] ([***]) Days of Gatherer’s receipt of Producer’s notice, Gatherer shall have installed the facilities as required under Section 3.8(a). Thereafter, Gatherer may deliver Gas to such Additional Delivery Point, and Producer shall have such Gas received for its account from such point. (d) If the Additional Delivery Point is not completed within [***] ([***]) Days, after Gatherer’s receipt of Producer’s notice as provided in Section 3.8(c) for any reason other than Force Majeure, or within [***] ([***]) Days if Gatherer has encountered an event of Force Majeure, Producer may elect, [***] percent ([***]%) reduction in the then-existing Low Pressure Gathering Fee for all Gas delivered under this Agreement until the Additional Delivery Point(s) has been connected.