Common use of Conflicting Commitments Clause in Contracts

Conflicting Commitments. Producer shall have the right to comply with each of the Conflicting Commitments entered into by a non-Affiliated predecessor-in-interest to Producer that is applicable as of the date of acquisition thereof to any Service Area Property acquired after the Effective Date (but not any Conflicting Commitment entered into in connection with such acquisition); provided, however, that Producer shall have the right to comply with Conflicting Commitments only until the last Day of the Month in which the termination of such Conflicting Commitment occurs and Producer shall not affirmatively extend the term of such Conflicting Commitment beyond the minimum term provided for in the document evidencing such Conflicting Commitment or allow the term of such Conflicting Commitment to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer has the ability to terminate such Conflicting Commitment without incurring any costs, penalties or expenses. To Producer’s knowledge, the Committed Saltwater is not, as of the Effective Date, subject to any Conflicting Commitment. If Committed Saltwater produced from a Well on a Well Pad is subject to a Conflicting Commitment that Producer has the right to comply with under this Section 2.2, Producer has the right, in complying with such Conflicting Commitment, to deliver all Committed Saltwater from such Well Pad in accordance with the Conflicting Commitment.

Conflicting Commitments. Producer shall have the right to comply with each of the any Conflicting Commitments Commitment entered into by a non-Affiliated predecessor-in-interest to Producer that to which any Service Area Property acquired by Producer after the Original Agreement Effective Date is applicable subject as of the date of acquisition thereof to any Service Area Property acquired after the Effective Date (but not other than any Conflicting Commitment Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Commitment is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Producer (fully or partially) and/or in a new agreement binding upon Producer that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Commitment are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Producer shall have the right to comply with each Conflicting Commitments Commitment only until the last first Day of the Month in which following the termination of such Conflicting Commitment occurs and Producer shall not affirmatively take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Commitment beyond the minimum term provided for in the document evidencing such Conflicting Commitment or allow the term of such Conflicting Commitment to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Commitment. Producer has the ability to terminate such Conflicting Commitment without incurring any costs, penalties or expenses. To Producer’s knowledge, the Committed Saltwater is not, represents that as of the Original Agreement Effective DateDate there were no Conflicting Commitments. To the extent that a Conflicting Commitment applies to one or more Xxxxx, subject to any Conflicting Commitment. If Committed Saltwater produced from a Well but not all Xxxxx, on a Well Pad is subject to a Conflicting Commitment that Pad, Producer has shall have the right to comply with under such Conflicting Commitment (to the extent set forth in this Section 2.2, Producer has the right, in complying ) with such Conflicting Commitment, respect to deliver all Committed Saltwater from Xxxxx on such Well Pad in accordance with the Conflicting CommitmentPad.

Conflicting Commitments. Producer shall have the right to comply with each of the Conflicting Commitments that is applicable to the Production Area entered into prior to the Effective Date or any Conflicting Commitment entered into by a non-Affiliated predecessor-in-interest to Producer that is applicable as of the date of acquisition thereof to any Service Area Property acquired after the Effective Date (but not any Conflicting Commitment entered into in connection with such acquisition); provided, however, that Producer shall have the right to comply with Conflicting Commitments only until the last Day of the Month in which the termination of such Conflicting Commitment occurs and Producer shall not affirmatively extend the term of such Conflicting Commitment beyond the minimum term provided for in the document evidencing such Conflicting Commitment or allow the term of such Conflicting Commitment to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer has the ability to terminate such Conflicting Commitment without incurring any costs, penalties or expenses. To Producer’s knowledge, the Committed Saltwater is not, as of the Effective Date, subject to any Conflicting Commitment. If Committed Saltwater produced from a Well on a Well Pad Delivery Point is subject to a Conflicting Commitment that Producer has the right to comply with under this Section 2.2, Producer has shall have the right, in complying with such Conflicting Commitment, to deliver all Committed Saltwater from purchase Freshwater at such Well Pad Delivery Point in accordance with the Conflicting Commitment.