Common use of Cancellation of Planned Xxxxx and Planned Separator Facilities Clause in Contracts

Cancellation of Planned Xxxxx and Planned Separator Facilities. If (i) Midstream Co reasonably determines that Producer has permanently abandoned the drilling or installation of any Planned Well or Planned Separator Facility or Producer notifies Midstream Co that Producer intends to permanently abandon the drilling or installation of any Planned Well or Planned Separator Facility (whether through the delivery of an updated Development Report or otherwise, the date on which such determination is made, the “Abandonment Date”), (ii) Midstream Co had begun to design or construct the Facility Segment to connect such Planned Well or Planned Separator Facility to the System prior to such Abandonment Date, and (iii) the actual aggregate costs and expenses (excluding Excluded Amounts) incurred or committed by Midstream Co prior to the Abandonment Date exceeds $100,000.00, then Producer shall reimburse Midstream Co for all reasonable and documented costs and expenses (other than the Excluded Amounts) incurred or committed by Midstream Co prior to such Abandonment Date to design and construct such Facility Segment.

Cancellation of Planned Xxxxx and Planned Separator Facilities. If If, whether through the delivery of an updated Development Report or otherwise, (ia) Midstream Co reasonably determines (after making reasonable inquiry) that Producer has permanently abandoned the drilling or installation of any Planned Well or Planned Separator Facility or (b) Producer notifies Midstream Co that Producer intends to permanently abandon the drilling or installation of any Planned Well or Planned Separator Facility (whether through the delivery of an updated Development Report or otherwise, the date on which such determination is mademade by Midstream Co, the “Abandonment Cancellation Date”); and (c), (ii) Midstream Co had begun to design or construct as of the Facility Segment to connect such Planned Well or Planned Separator Facility to the System prior to such Abandonment Cancellation Date, and (iii) the actual aggregate costs and expenses (excluding Excluded Amounts) that (i) are incurred or committed by Midstream Co prior in connection with the design, procurement or construction of the Modifications or other facilities related to abandoned Planned Well or Planned Separation Facility and (ii) have not been recovered by Midstream Co from an applicable Third Party within 60 Days following the Abandonment Cancellation Date exceeds (such aggregate costs and expenses, excluding Excluded Amounts, the “Cancellation Costs”) exceed $100,000.00100,000, then Producer shall reimburse Midstream Co for all reasonable and documented costs and expenses (other than the Excluded Amounts) Cancellation Costs incurred or committed by Midstream Co prior to such Abandonment Cancellation Date to design design, procure and construct such Facility SegmentModifications or other facilities.

Cancellation of Planned Xxxxx and Planned Separator Facilities. If (i) Midstream Co Gatherer reasonably determines that Producer has permanently abandoned the drilling or installation of any Planned Well or Planned Separator Facility or Producer notifies Midstream Co Gatherer that Producer intends to permanently abandon the drilling or installation of any Planned Well or Planned Separator Facility (whether through the delivery of an updated Development Report or otherwise, the date on which such determination is made, the “Abandonment Date”), (ii) Midstream Co Gatherer had begun to design or construct the Facility Segment to connect such Planned Well or Planned Separator Facility to the System prior to such Abandonment Date, and (iii) the actual aggregate costs and expenses (excluding Excluded Amounts) incurred or committed by Midstream Co Gatherer prior to the Abandonment Date exceeds $100,000.00the Threshold Amount, then Producer shall reimburse Midstream Co Gatherer for all reasonable and documented costs and expenses (other than the Excluded Amounts) incurred or committed by Midstream Co Gatherer prior to such Abandonment Date to design and construct such Facility Segment.

Cancellation of Planned Xxxxx and Planned Separator Facilities. If (i) Midstream Co reasonably determines that Producer has permanently abandoned the drilling or installation of any Planned Well or Planned Separator Facility or Producer notifies Midstream Co that Producer intends to permanently abandon the drilling or installation of any Planned Well or Planned Separator Facility (whether through the delivery of an updated Development Report or otherwise, the date on which such determination is made, the “Abandonment Date”), (ii) Midstream Co had begun to design or construct the Facility Segment to connect such Planned Well or Planned Separator Facility to the System prior to such Abandonment Date, and (iii) the actual aggregate costs and expenses (excluding Excluded Amounts) incurred or committed by Midstream Co prior to the Abandonment Date exceeds $100,000.00, then Producer shall reimburse Midstream Co for all reasonable and documented costs and expenses (other than the Excluded Amounts) incurred or committed by Midstream Co prior to such Abandonment Date to design and construct such Facility Segment.. Second Amended and Restated Produced Water Services Agreement

Cancellation of Planned Xxxxx and Planned Separator Facilities. If (i) Midstream Co reasonably determines that Producer has permanently abandoned the drilling or installation of any Planned Well or Planned Separator Facility or Producer notifies Midstream Co that Producer intends to permanently abandon the drilling or installation of any Planned Well or Planned Separator Facility (whether through the delivery of an updated Development Report or otherwise, the date on which such determination is made, the “Abandonment Date”), (ii) Midstream Co had begun to design or construct the Facility Segment to connect such Planned Well or Planned Separator Facility to the System prior to such Abandonment Date, and (iii) the actual aggregate costs and expenses (excluding Excluded Amounts) incurred or committed by Midstream Co prior to the Abandonment Date exceeds $100,000.00, then Producer shall reimburse Midstream Co for all reasonable and documented costs and expenses (other than the Excluded Amounts) incurred or committed by Midstream Co prior to such Abandonment Date to design and construct such Facility Segment.. Second Amended and Restated Gas Gathering Agreement

Cancellation of Planned Xxxxx and Planned Separator Facilities. If If, whether through the delivery of an updated Development Report or otherwise, (ia) Midstream Co reasonably determines (after making reasonable inquiry) that Producer has permanently abandoned the drilling or installation of any Planned Well or Planned Separator Facility or (b) Producer notifies Midstream Co that Producer intends to permanently abandon the drilling or installation of any Planned Well or Planned Separator Facility (whether through the delivery of an updated Development Report or otherwise, the date on which such determination is mademade by Midstream Co, the “Abandonment Cancellation Date”), ; and (iic) Midstream Co had begun to design or construct as of the Facility Segment to connect such Planned Well or Planned Separator Facility to the System prior to such Abandonment Cancellation Date, and (iii) the actual aggregate costs and expenses (excluding Excluded Amounts) that (i) are incurred or committed by Midstream Co prior in connection with the design, procurement or construction of the Modifications or other facilities related to abandoned Planned Well or Planned Separation Facility and (ii) have not been recovered by Midstream Co from an applicable Third Party within 60 Days following the Abandonment Cancellation Date exceeds (such aggregate costs and expenses, excluding Excluded Amounts, the “Cancellation Costs”) exceed $100,000.00100,000, then Producer shall reimburse Midstream Co for all reasonable and documented costs and expenses (other than the Excluded Amounts) Cancellation Costs incurred or committed by Midstream Co prior to such Abandonment Cancellation Date to design design, procure, and construct such Facility SegmentModifications or other facilities.

Cancellation of Planned Xxxxx and Planned Separator Facilities. If (a) If, whether through the delivery of an updated Development Report or otherwise, (i) Midstream Co reasonably determines (after making reasonable inquiry) that Producer has permanently abandoned the drilling or installation of any Planned Well or Planned Separator Facility or (ii) Producer notifies Midstream Co that Producer intends to permanently abandon the drilling or installation of any Planned Well or Planned Separator Facility (whether through the delivery of an updated Development Report or otherwise, the date on which such determination is mademade by Midstream Co, the “Abandonment Cancellation Date”), (ii) Midstream Co had begun to design or construct the Facility Segment to connect such Planned Well or Planned Separator Facility to the System prior to such Abandonment Date, ; and (iii) ), as of the Cancellation Date, the actual aggregate costs and expenses (excluding Excluded Amounts) that (A) are incurred or committed by Midstream Co prior in connection with the design, procurement or construction of the Modifications or other facilities related to abandoned Planned Well or Planned Separation Facility and (B) have not been recovered by Midstream Co from an applicable Third Party within 60 Days following the Abandonment Cancellation Date exceeds (such aggregate costs and expenses, excluding Excluded Amounts, the “Cancellation Costs”) exceed $100,000.00100,000, then Producer shall reimburse Midstream Co for all reasonable and documented costs and expenses (other than the Excluded Amounts) Cancellation Costs incurred or committed by Midstream Co prior to such Abandonment Cancellation Date to design design, procure and construct such Facility SegmentModifications or other facilities.

Cancellation of Planned Xxxxx and Planned Separator Facilities. If (i) Midstream Co reasonably determines that Producer has permanently abandoned the drilling or installation of any Planned Well or Planned Separator Facility or Producer notifies Midstream Co that Producer intends to permanently abandon the drilling or installation of any Planned Well or Planned Separator Facility (whether through the delivery of an updated Development Report or otherwise, the date on which such determination is made, the “Abandonment Date”), (ii) Midstream Co had begun to design or construct the Facility Segment to connect such Planned Well or Planned Separator Facility to the System prior to such Abandonment Date, and (iii) the actual aggregate costs and expenses (excluding Excluded Amounts) incurred or committed by Texas Produced Water Services Agreement Midstream Co prior to the Abandonment Date exceeds $100,000.00, then Producer shall reimburse Midstream Co for all reasonable and documented costs and expenses (other than the Excluded Amounts) incurred or committed by Midstream Co prior to such Abandonment Date to design and construct such Facility Segment.