Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the Effective Date that require Midstream Co to make capital expenditures with respect to the System, then Midstream Co may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co. (b) Producer shall accept or reject, in its sole discretion, Midstream Co’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted such increase. If Producer rejects the amount of the proposed increase, then Midstream Co shall release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(viii). The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fees agreed to in accordance with this Section 13.1. (c) Producer and Midstream Co shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 11 contracts
Samples: Crude Oil Gathering Agreement (Noble Midstream Partners LP), Texas Produced Water Services Agreement (Noble Midstream Partners LP), Produced Water Services Agreement (Noble Midstream Partners LP)
Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the T&C Effective Date that require Midstream Co to make capital expenditures with respect to the System, then Midstream Co may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co.
(b) Producer shall accept or reject, in its sole discretion, Midstream Co’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted such increase. If Producer rejects the amount of the proposed increase, then Midstream Co shall release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(viii). The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fees agreed to in accordance with this Section 13.1.. If Producer rejects the amount of the proposed increase, then Producer shall elect to either (x) cause Midstream Co to release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(vii) or (y) at Producer’s sole cost and expense, cause Midstream Co make such capital expenditures with respect to the System in order to comply with such new Law and such capital expenditures shall be included on the monthly invoice and paid in accordance with Section 10.1 and Section 10.2. In the event Producer makes an election under clause (y) above, (i) the Individual Fee shall not be increased pursuant to this Section 13.1 and (ii) the Parties shall meet and cooperate in good faith to ensure any facilities constructed under this clause (b) comply with customary engineering, construction and operating specifications in the industry and such facilities will become part of the Individual System and the property of Midstream Co.
(c) Producer and Midstream Co shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 2 contracts
Samples: Gas Gathering Agreement (Noble Midstream Partners LP), Low Pressure Gas Gathering and Compression Agreement (Noble Midstream Partners LP)
Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the T&C Effective Date that require Midstream Co to make capital expenditures with respect to the System, then Midstream Co may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co.
(b) Producer shall accept or reject, in its sole discretion, Midstream Co’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted such increase. The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fee agreed to in accordance with this Section 13.1. If Producer rejects the amount of the proposed increase, then Producer shall elect to either (x) cause Midstream Co shall to release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(viii). The Parties will amend2.4(a)(vii) or (y) at Producer’s sole cost and expense, update, or revise cause Midstream Co make such capital expenditures with respect to the applicable Agreement Addendum System in order to comply with such new Law and such capital expenditures shall be included on the monthly invoice and paid in accordance with Section 10.1 and Section 10.2. In the event Producer makes an election under clause (y) above, (i) the Individual Fee shall not be increased pursuant to this Agreement Section 13.1 and (ii) the Parties shall meet and cooperate in good faith to reflect ensure any changes facilities constructed under this clause (b) comply with customary engineering, construction and operating specifications in the applicable industry and such facilities will become part of the Individual Fees agreed to in accordance with this Section 13.1.System and the property of Midstream Co.
(c) Producer and Midstream Co shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 1 contract
Samples: Produced Water Services Agreement (Noble Midstream Partners LP)
Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the Effective Date that require Midstream Co Gatherer to make capital expenditures with respect to the System, then Midstream Co Gatherer may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co Gatherer would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co.Gatherer.
(b) Producer shall accept or reject, in its sole discretion, Midstream CoGatherer’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. Gatherer. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted rejected such increase. If Producer rejects or is deemed to reject the amount of the proposed increase, then Midstream Co shall release either Party may submit the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such determination of the proposed increase to binding arbitration in accordance with Section 2.4(a)(viii)17.6. The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fees agreed to in accordance with this Section 13.1.
(c) Producer and Midstream Co Gatherer shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 1 contract
Samples: Crude Oil Gathering Agreement (Rosehill Resources Inc.)
Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the T&C Effective Date that require Midstream Co to make capital expenditures with respect to the System, then Midstream Co may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co.
(b) Producer shall accept or reject, in its sole discretion, Midstream Co’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted such increase. The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fee agreed to in accordance with this Section 13.1. If Producer rejects the amount of the proposed increase, then Producer shall elect to either (x) cause Midstream Co shall to release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(viii). The Parties will amend2.4(a)(vii) or (y) at Producer’s sole cost and expense, update, or revise cause Midstream Co make such capital expenditures with respect to the applicable Agreement Addendum System in order to comply with such new Law and such capital expenditures shall be included on the monthly invoice and paid in accordance with this Agreement to reflect any changes in the applicable Individual Fees agreed to in accordance with this Section 13.110.1 and Section 10.
(c) Producer and Midstream Co shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 1 contract
Samples: Produced Water Services Agreement (Noble Midstream Partners LP)
Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the Effective Date that require Midstream Co Gatherer to make capital expenditures with respect to the System, then Midstream Co Gatherer may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co until Gatherer would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co.Gatherer.
(b) Producer shall accept or reject, in its sole discretion, Midstream CoGatherer’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. Gatherer. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted rejected such increase. If Producer rejects or is deemed to reject the amount of the proposed increase, then Midstream Co shall release either Party may submit the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such determination of the proposed increase to binding arbitration in accordance with Section 2.4(a)(viii)16.6. The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fees agreed to in accordance with this Section 13.112.1.
(c) Producer and Midstream Co Gatherer shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 1 contract
Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the Effective Date that require Midstream Co to make capital expenditures with respect to the System, then Midstream Co may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co.
(b) Producer shall accept or reject, in its sole discretion, Midstream Co’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted such increase. If Producer rejects the amount of the proposed increase, then Midstream Co shall release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(viii). The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fees agreed to in accordance with this Section 13.
1. If Producer rejects the amount of the proposed increase, then Producer shall elect to either (x) cause Midstream Co to release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 13.1.2.4(a)(vii) or (y) at Producer’s sole cost and expense, cause Midstream Co make such capital expenditures with respect to the System in order to comply with such new Law and such capital expenditures shall be included on the monthly invoice and paid in accordance with Section 10.1 and Section 10.2. In the event Producer makes an election under clause (y) above, (i) the Individual Fee shall not be increased pursuant to this Section 13.1 and (ii) the Parties shall meet and cooperate in good faith to ensure any facilities constructed under this clause (b) comply with customary engineering, construction and operating specifications in the industry and such facilities will become part of the Individual System and the property of Midstream Co.
(c) Producer and Midstream Co shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 1 contract
Samples: Crude Oil Gathering Agreement (Noble Midstream Partners LP)
Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the T&C Effective Date that require Midstream Co to make capital expenditures with respect to the System, then Midstream Co may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co.
(b) Producer shall accept or reject, in its sole discretion, Midstream Co’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted such increase. If Producer rejects the amount of the proposed increase, then Midstream Co shall release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(viii). The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fees Fee agreed to in accordance with this Section 13.1.. If Producer rejects the amount of the proposed increase, then Producer shall elect to either (x) cause Midstream Co to release the Xxxxx, Retention Facilities, Receipt Points and Spacing Units and Fresh water subject to the Fresh Water Dedication that would have been affected by such increase in accordance with Section 2.4(a)(viii) or (y) at Producer’s sole cost and expense, cause Midstream Co make such capital expenditures with respect to the System in order to comply with such new Law and such capital expenditures shall be included on the monthly invoice and paid in accordance with Section 10.1 and Section 10.2. In the event Producer makes an election under clause (y) above, (i) the Individual Fee shall not be increased pursuant to this Section 13.1 and (ii) the Parties shall meet and cooperate in good faith to ensure any facilities constructed under this clause (b) comply with customary engineering, construction and operating specifications in the industry and such facilities will become part of the Individual System and the property of Midstream Co.
(c) Producer and Midstream Co shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 1 contract
Samples: Fresh Water Services Agreement (Noble Midstream Partners LP)
Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the Effective Date that require Midstream Co to make capital expenditures with respect to the System, then Midstream Co may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co.
(b) Producer shall accept or reject, in its sole discretion, Midstream Co’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted such increase. If Producer rejects the amount of the proposed increase, then Midstream Co shall release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(viii). The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fees agreed to in accordance with this Section 13.1.
(c) Producer and Midstream Co shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 1 contract
Samples: Crude Oil Treating Agreement (Noble Midstream Partners LP)
Changes in Applicable Law. (a) If any new Laws are enacted or amended or any new interpretations in respect of previously existing Laws are issued after the Effective Date that require Midstream Co to make capital expenditures with respect to the System, then Midstream Co may propose an increase to the applicable Individual Fee as may be necessary or appropriate to preserve and continue for the Parties the rights and benefits originally contemplated for the Parties by this Agreement; provided, however, that no increase to the applicable Individual Fee pursuant to this Section 13.1 shall be applicable unless and until, in the reasonable judgment of Midstream Co, Midstream Co would be required to make capital expenditures with respect to the System in order to comply with such new Law that materially and adversely affects the economics of the Services provided, fees received, or the other economic benefits of this Agreement for Midstream Co.
(b) Producer shall accept or reject, in its sole discretion, Midstream Co’s proposed increase to the Individual Fee within 30 Days after receiving such proposal from Midstream Co. If Producer fails to provide notice of such acceptance or rejection within such 30-Day period, then Producer shall be deemed to have accepted such increase. If Producer rejects the amount of the proposed increase, then Midstream Co shall release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(viii). The Parties will amend, update, or revise the applicable Agreement Addendum in accordance with this Agreement to reflect any changes in the applicable Individual Fees agreed to in accordance with this Section 13.1.. If Producer rejects the amount of the proposed increase, then Producer shall elect to either (x) cause Midstream Co to release the Xxxxx, Separator Facilities, Receipt Points, Spacing Units, and Dedicated Production that would have been affected by such increase in accordance with Section 2.4(a)(vii) or (y) at Producer’s sole cost and expense, cause Midstream Co make such capital expenditures with respect to the System in order to comply with such new Law and such capital expenditures shall be included on the monthly invoice and paid in accordance with Section 10.1 and Section 10.2. In the event Producer makes an election under clause (y) above, (i) the Individual Fee shall not be increased pursuant to this Section 13.1 and (ii) the Parties shall meet and cooperate in good faith to ensure any facilities constructed under this clause (b) comply with customary engineering, construction and operating specifications in the industry and such facilities will become part of the Individual System and the property of Midstream Co.
(c) Producer and Midstream Co shall use their commercially reasonable efforts to comply with new and amended applicable Laws and new interpretations of existing Laws.
Appears in 1 contract
Samples: Texas Crude Oil Gathering Agreement (Noble Midstream Partners LP)