Common use of Compression Clause in Contracts

Compression. (a) The Gathering System Plan will describe the compression facilities that will be required to compress Dedicated Gas upstream of the Delivery Points or any System High Pressure Line in order for the Gathering System to be operated at the pressures specified in Section 8.1 and to permit Dedicated Gas to enter the facilities of the Downstream Pipelines or Processing Plants, as applicable (“Required Compressor Stations”). Gatherer shall install each such Required Compressor Station as directed by Shipper and shall operate and maintain each Required Compressor Station (each such Required Compressor Station so installed by Gatherer, a “System Compressor Station”). Notwithstanding the foregoing, Gatherer shall not be obligated to install any Required Compressor Station during the ten year period immediately prior to the scheduled termination of this Agreement unless Shipper agrees that this Agreement shall remain in effect beyond the scheduled termination thereof as to such Required Compressor Station only and the amount determined under Section 5.1(d)(ii)(A) with respect thereto until the 10th anniversary of the placement in service of such Required Compressor Station. To the extent that Shipper does not direct Gatherer to install any Required Compressor Station as, when, and where described in the Gathering System Plan and as a consequence the Gathering System is not capable of operating in accordance with the obligations of Gatherer with respect to pressures that are set forth in Sections 8.1 and 8.2, Gatherer shall be relieved from such obligations. For the avoidance of doubt, Gatherer shall have the right at any time to add additional compressor stations to the Gathering System, and to add compression capacity at any System Compressor Station in addition to the capacity that Shipper has directed to be installed at such System Compressor Station, as it deems necessary or appropriate to provide the Services and such services as it is providing in respect of Third Party Production. Shipper must pay the Compression Fee with respect to all its Gas that is compressed using such additional compressor stations or using such additional capacity, but such additional compressor stations or additional capacity shall not be included for purposes of calculating the Minimum Compression Volume Commitment, and the Compression Fee paid by Gatherer for its Gas compressed using such additional compressor stations or additional capacity shall not count toward the amount determined under Section 5.1(d)(ii)(A).

Compression. (a) The Gathering System Plan will describe the centralized compression and dehydration facilities that will be required to compress and dehydrate Dedicated Gas upstream of the Delivery Points or any System High Pressure Line in order for the Gathering System to be operated at a pressure not to exceed 500 psig and water vapor content in accordance with Section 10.1 or, subject to the pressures provisions of this Section 3.5, such lower pressure as may be specified in Section 8.1 by Producer from time to time and to permit Dedicated Gas to enter the facilities of the such Downstream Pipelines or Processing Plants, as applicable High Pressure gathering pipelines (“Required System Compressor Stations”). Gatherer shall install each such Required Compressor Station as directed by Shipper and shall operate and maintain each Required Compressor Station (each such Required Compressor Station so installed by Gatherer, a “System Compressor Station”). Notwithstanding the foregoing, Gatherer shall not be obligated to install any Required Compressor Station during the ten year period immediately prior to the scheduled termination of this Agreement unless Shipper agrees that this Agreement shall remain in effect beyond the scheduled termination thereof as to such Required Compressor Station only and the amount determined under Section 5.1(d)(ii)(A) with respect thereto until the 10th anniversary of the placement in service of such Required Compressor Station. To the extent that Shipper does not direct Gatherer to install any Required Compressor Station as, when, and where described in the Gathering System Plan and as a consequence the Gathering System is not capable of operating in accordance with the obligations of Gatherer with respect to pressures that are set forth in Sections 8.1 and 8.2, Gatherer shall be relieved from such obligations. For the avoidance of doubt, Gatherer shall have the right at any time to add additional compressor stations to the Gathering System, and to add compression capacity at any System Compressor Station in addition to the capacity that Shipper has directed to be installed at such is reflected in the Gathering System Compressor StationPlan, as it deems necessary or appropriate to provide the Services and such services as it is providing in respect of Third Party ProductionGas. Shipper Producer must pay the Compression Fee with respect to all its Gas that is compressed and dehydrated using the System Compressor Stations or any such additional compressor stations or using such additional capacity. Notwithstanding the foregoing, but such additional compressor stations or additional capacity Producer shall not be included for purposes of calculating the Minimum Compression Volume Commitment, and obligated to pay the Compression Fee paid for more than one stage of compression unless Producer (i) requests that the operating pressure of the Gathering System or a relevant System Segment be reduced to below 500 psig and (ii) subsequently approves in writing any additional stages of compression that Gatherer determines would be required to achieve the lower pressure requested by Gatherer for its Gas compressed using Producer. Until such additional compressor stations or additional capacity stages of compression have been approved by Producer in writing and have been installed and made operational, Gatherer shall not count toward be required to operate the amount determined under Gathering System at pressure below 500 psig. Prior to installation of any System Compressor Station, Producer shall be solely responsible for dehydration facilities in accordance with Section 5.1(d)(ii)(A)10.1.

Compression. (a) The Gathering System Plan Producer shall have the right, upon written notice to Gatherer, to request Gatherer to install compression facilities to provide reduced operating pressure at a CRP, but in no event below 100 psig (unless otherwise agreed among the Parties). Producer’s written notice must include the pressure requirements and a projected volume profile estimated for Producer’s Gas at the CRP. Upon receipt of such written notice from Producer, Gatherer will describe design and proceed without unreasonable delay to install compression facilities; provided, however, that if Gatherer believes, in good faith, that the projections and pressure requirements are not reasonably accurate, the parties shall meet and attempt to resolve any differences of opinion before Gatherer is obligated to install the same. In the event the Parties are unable to resolve any differences of opinion within sixty (60) days after Gatherer’s receipt of Producer’s notice, Gatherer shall proceed with the design and installation of the compression facilities that will be required to compress Dedicated Gas upstream of the Delivery Points or any System High Pressure Line in order for the Gathering System to be operated at the pressures specified in Section 8.1 consistent with Gatherer’s good-faith projections and to permit Dedicated Gas to enter the facilities of the Downstream Pipelines or Processing Plants, as applicable (“Required Compressor Stations”)pressure estimates. Gatherer shall install each such Required Compressor Station as directed by Shipper and shall operate and maintain each Required Compressor Station (each such Required Compressor Station so installed by Gatherer, a “System Compressor Station”). Notwithstanding the foregoing, Gatherer shall not be obligated to install any Required Compressor Station during the ten year period immediately prior to the scheduled termination of this Agreement unless Shipper agrees that this Agreement shall remain in effect beyond the scheduled termination thereof as to such Required Compressor Station only and the amount determined under Section 5.1(d)(ii)(A) with respect thereto until the 10th anniversary of the placement in service of such Required Compressor Station. To the extent that Shipper does not direct Gatherer to install any Required Compressor Station as, when, and where described in the Gathering System Plan and as a consequence the Gathering System is not capable of operating in accordance with the obligations of Gatherer with respect to pressures that are set forth in Sections 8.1 and 8.2, Gatherer shall be relieved from such obligations. For the avoidance of doubt, Gatherer shall have the right at required compression installed and operable for service within 18 months (547 days) of a request in writing by Producer (the “Compression In-Service Date”). In the event Gatherer does not meet the Compression In-Service Date to install required compression, then Producer shall be entitled to the applicable reduction specified in Exhibit G hereto of the applicable gathering and compression fees set out in Article VI, from and after Producer’s written notification delivered to Gatherer of such failure for the same number of days that the deadline is exceeded by Gatherer following written notification of such failure, provided that the foregoing reduction will not apply to the extent that any time delay is caused by Excusable Delay. Gatherer’s design shall include consideration for optimizing fuel usage, future anticipated pressure requirements of Producer and anticipated third party volumes. Gatherer and Producer will assist each other as reasonably practical to define operating parameters, including the initial total horsepower requirements of the compression facilities, to maximize Producer’s operating options and to minimize Gatherer’s requirements to add additional or replace compressor stations to the Gathering Systemunits as Gas volumes change and pressure requirements are refined as Producer gains production experience. If Producer does not request in writing that Gatherer provide compression, and to add Producer will be responsible for providing compression capacity (at any System Compressor Station in addition to the capacity that Shipper has directed to be installed at such System Compressor Station, as it deems necessary or appropriate to provide the Services and such services as it is providing in respect of Third Party Production. Shipper must pay the Compression Fee with respect to all its Gas sole cost) that is compressed using such additional compressor stations or using such additional capacity, but such additional compressor stations or additional capacity shall not be included for purposes of calculating the Minimum Compression Volume Commitment, and the Compression Fee paid by Gatherer for its required to deliver Gas compressed using such additional compressor stations or additional capacity shall not count toward the amount determined under Section 5.1(d)(ii)(A)in accordance with this Agreement.

Compression. (a) The Gathering System Plan will describe the compression facilities that will be required to compress Dedicated Gas upstream of the Delivery Points or any System High Pressure Line in order for the Gathering System to be operated at the pressures specified in in Section 8.1 and to permit Dedicated Gas to enter the facilities of the Downstream Pipelines or Processing Plants, as applicable (“Required Compressor Stations”). Gatherer shall install each such Required Compressor Station as directed by Shipper and shall operate and maintain each Required Compressor Station (each such Required Compressor Station so installed by Gatherer, a “System Compressor Station”). Notwithstanding the foregoing, Gatherer shall not be obligated to install any Required Compressor Station during the ten year period immediately prior to the scheduled termination of this Agreement unless Shipper agrees that this Agreement shall remain in effect beyond the scheduled termination thereof as to such Required Compressor Station only and the amount determined under Section 5.1(d)(ii)(A) with respect thereto until the 10th anniversary of the placement in service of such Required Compressor Station. To the extent that Shipper does not direct Gatherer to install any Required Compressor Station as, when, and where described in the Gathering System Plan and as a consequence the Gathering System is not capable of operating in accordance with the obligations of Gatherer with respect to pressures that are set forth in Sections 8.1 and 8.2, Gatherer shall be relieved from such obligations. For the avoidance of doubt, Gatherer shall have the right at any time to add additional compressor stations to the Gathering System, and to add compression capacity at any System Compressor Station in addition to the capacity that Shipper has directed to be installed at such System Compressor Station, as it deems necessary or appropriate to provide the Services and such services as it is providing in respect of Third Party Production. Shipper must pay the Compression Fee with respect to all its Gas that is compressed using such additional compressor stations or using such additional capacity, but such additional compressor stations or additional capacity shall not be included for purposes of calculating the Minimum Compression Volume Commitment, and the Compression Fee paid by Gatherer for its Gas compressed using such additional compressor stations or additional capacity shall not count toward the amount determined under Section 5.1(d)(ii)(A).

Compression. (a) The Gathering System Plan will describe the compression facilities that will be required to compress Dedicated Gas upstream of the Delivery Points or any System High Pressure Line in order for the Gathering System to be operated at the pressures specified in Section 8.1 and to permit Dedicated Gas to enter the facilities of the Downstream Pipelines or Processing Plants, as applicable (“Required Compressor Stations”). Gatherer shall install each such Required Compressor Station as directed by Shipper and shall operate and maintain each Required Compressor Station (each such Required Compressor Station so installed by Gatherer, a “System Compressor Station”). Notwithstanding the foregoing, Gatherer shall not be obligated to install any Required Compressor Station during the ten year period immediately prior to the scheduled termination of this Agreement unless Shipper agrees that this Agreement shall remain in effect beyond the scheduled termination thereof as to such Required Compressor Station only and the amount determined under Section 5.1(d)(ii)(A) Minimum Compression Revenue Commitment with respect thereto until the 10th anniversary of the placement in service of such Required Compressor Station. To the extent that Shipper does not direct Gatherer to install any Required Compressor Station as, when, and where described in the Gathering System Plan and as a consequence the Gathering System is not capable of operating in accordance with the obligations of Gatherer with respect to pressures that are set forth in Sections 8.1 and 8.2, Gatherer shall be relieved from such obligations. For the avoidance of doubt, Gatherer shall have the right at any time to add additional compressor stations to the Gathering System, and to add compression capacity at any System Compressor Station in addition to the capacity that Shipper has directed to be installed at such System Compressor Station, as it deems necessary or appropriate to provide the Services and such services as it is providing in respect of Third Party Production. Shipper must pay the Compression Fee with respect to all its Gas that is compressed using such additional compressor stations or using such additional capacity, but such additional compressor stations or additional capacity shall not be included for purposes of calculating the Minimum Compression Volume Commitment, and the Compression Fee paid by Gatherer for its Gas compressed using such additional compressor stations or additional capacity shall not count toward the amount determined under Section 5.1(d)(ii)(A)Minimum Compression Revenue Commitment.

Compression. (a) The Gathering System Plan will describe the compression facilities that will be required to compress Dedicated Gas upstream of the Delivery Points or any System High Pressure Line the Elk Lateral in order for the Gathering System to be operated at the pressures specified in Section 8.1 and to permit Dedicated Gas to enter the facilities of the Downstream Pipelines or Processing PlantsPlant or the Elk Lateral, as applicable (“Required Compressor Stations”). Shipper shall have the right to install, operate, and maintain, itself or through third parties, Required Compressor Stations having an aggregate capacity of up to 400 MMcf/day (as increased or decreased as provided in this Agreement, the “Third Party Compressor Allowance”), including any replacements therefor, other than replacements that Shipper requests Gatherer to install as hereafter provided, including the Required Compressor Stations under construction or projected and listed in Exhibit C (“Existing Compressor Stations”). Gatherer shall install each such Required Compressor Station as directed by Shipper and shall operate install, operate, and maintain each Required Compressor Station other than the Existing Compressor Stations (each such Required Compressor Station so installed by Gatherer, including replacements of Existing Compressor Stations pursuant to Section 3.4(b), a “System Compressor Station”). Notwithstanding the foregoing, Gatherer shall not be obligated to install any Required Compressor Station during the ten five (5) year period immediately prior to the scheduled termination of this Agreement unless Shipper agrees either that (i) this Agreement shall remain in effect beyond the scheduled termination thereof as to such Required Compressor Station only and the amount determined under Section 5.1(d)(ii)(A) Minimum Compression Revenue Commitment with respect thereto until the 10th anniversary of the placement in service of such Required Compressor Station or (ii) the Minimum Compression Revenue Commitment will be calculated by including 50% of such Required Compressor Station. To ’s design capacity in the extent that Shipper does not direct Gatherer calculation thereof (rather than 25%), and this Agreement shall remain in effect beyond the scheduled termination thereof as to install any such Required Compressor Station as, when, only and where described in the Gathering System Plan and as a consequence the Gathering System is not capable of operating in accordance with the obligations of Gatherer with respect to pressures that are set forth in Sections 8.1 and 8.2, Gatherer shall be relieved from such obligations. For the avoidance of doubt, Gatherer shall have the right at any time to add additional compressor stations to the Gathering System, and to add compression capacity at any System Compressor Station in addition to the capacity that Shipper has directed to be installed at such System Compressor Station, as it deems necessary or appropriate to provide the Services and such services as it is providing in respect of Third Party Production. Shipper must pay the Compression Fee with respect to all its Gas that is compressed using such additional compressor stations or using such additional capacity, but such additional compressor stations or additional capacity shall not be included for purposes of calculating the Minimum Compression Volume Commitment, and Revenue Commitment with respect thereto until the Compression Fee paid by Gatherer for its Gas compressed using 5th anniversary of the placement in service of such additional compressor stations or additional capacity shall not count toward the amount determined under Section 5.1(d)(ii)(A)Required Compressor Station.

Compression. (a) The Gathering System Plan will describe the centralized compression and dehydration facilities that will be required to compress and dehydrate Dedicated Gas upstream of the Delivery Points or any System High Pressure Line in order for (“System Compressor Stations”). Gatherer shall use commercially reasonable efforts to operate the Gathering System to be operated at a pressure desired by the pressures specified Producer but in accordance with the pressure differentials set forth in this Section 8.1 3.5 and water vapor content in accordance with Section 10.1 and to permit Dedicated Gas to enter the facilities of the such Downstream Pipelines or Processing Plants, High Pressure gathering pipelines as applicable (“Required Compressor Stations”). Gatherer shall install each such Required Compressor Station as directed by Shipper and shall operate and maintain each Required Compressor Station (each such Required Compressor Station so installed by Gatherer, a “System Compressor Station”). Notwithstanding the foregoing, Gatherer shall not be obligated to install any Required Compressor Station during the ten year period immediately prior to the scheduled termination of this Agreement unless Shipper agrees that this Agreement shall remain in effect beyond the scheduled termination thereof as to such Required Compressor Station only and the amount determined under Section 5.1(d)(ii)(A) with respect thereto until the 10th anniversary of the placement in service of such Required Compressor Station. To the extent that Shipper does not direct Gatherer to install any Required Compressor Station as, when, and where described defined in the Gathering System Plan and as a consequence the Gathering System is not capable of operating in accordance with the obligations of Gatherer with respect to pressures that are set forth in Sections 8.1 and 8.2, Plan. Gatherer shall be relieved from such obligationsinstall, operate, and maintain each System Compressor Station. For the avoidance of doubt, Gatherer is not obligated, but shall have the right at any time time, to add additional compressor stations to the Gathering System, and to add compression capacity at any System Compressor Station in addition to the capacity that Shipper has directed to be installed at such is reflected in the Gathering System Compressor StationPlan, as it deems necessary or appropriate to provide the Services and such services as it is providing in respect of Third Party ProductionGas. Shipper Producer must pay the Compression Fee with respect to all its Gas that is compressed and dehydrated using such the System Compressor Stations, additional compressor stations stations, or using such additional capacity, but such additional compressor stations or additional capacity . Each stage of compression will be designed by Gatherer to provide at least [***] psig and a maximum of [***] psig of pressure differential from the suction to the discharge side of each compression stage. The Gatherer shall use commercially reasonable efforts to maintain a pressure differential of [***] psig across each stage of compression. Producer shall not be included for purposes of calculating the Minimum Compression Volume Commitment, and obligated to pay the Compression Fee paid for more than one stage of compression unless (i) Producer requests that the operating pressure of the Gathering System or a relevant System Segment be reduced to below the maximum differential mechanically possible through a single compression stage as determined by Gatherer and/or (ii) Gatherer provides notice to Producer, in writing, that one or more additional stages of compression will be added to the Gathering System to accommodate a third party request with respect to Third Party Gas to reduce the operating pressure to below a pressure mechanically possible through a single compression stage as determined by Gatherer. Gatherer will not operate Compressor Stations, or stages of a Compressor Station, if the differential pressure across the applicable stage of a Compressor Station servicing the applicable receipt point is less than [***] psig differential. Prior to installation of any System Compressor Station, Producer shall be solely responsible for its Gas compressed using such additional compressor stations or additional capacity shall not count toward the amount determined under dehydration facilities in accordance with Section 5.1(d)(ii)(A)10.1.