Common use of Conflicting Dedications Clause in Contracts

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication applicable as of the date of acquisition of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication. Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication applicable as of the date of acquisition of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer Without the prior written consent of Midstream Co (which shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication. not be unreasonably withheld), Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. If services of the type provided hereunder are being provided to Producer by a Third Party with respect to Dedicated Properties under a Conflicting Dedication, then 180 Days prior to the expiration of such Conflicting Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that a Meeting of Senior Management is not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such Dedicated Properties concurrently with the anticipated expiration or termination of the applicable Conflicting Dedication. If Midstream Co cannot provide Producer such assurances, then Midstream Co shall deliver to Producer a written consent to the extension of the applicable Conflicting Dedication. In no event shall Producer be required to begin using Services provided by Midstream Co on a Day other than the first Day of a Month. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer Shipper shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, set forth in the case of a Producer Assignee, the effective date of such assignment, Exhibit E hereto and (ii) any other Conflicting Dedication applicable entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject as of the date of acquisition of any oil and gas leases, mineral interests, and thereof (other similar interests within the Dedication Area that are acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not than any Conflicting Dedications 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). Producer , whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Shipper shall have the right to comply with a Conflicting Dedication Dedications only until the first Day of the Month following the termination of such Conflicting Dedication. Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under not take any voluntary action (including the underlying contract without causing Producer exercise of any right to incur any costs or expenses deemed unreasonable or inappropriate in extend) to extend the opinion term of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates beyond the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating minimum term provided for in the document evidencing such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both . Shipper represents that, except as set forth in Exhibit E, Dedicated Production was not as of the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Original Agreement Effective Date subject to any Conflicting Dedication. (c) To the extent Producer claims that . If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have that Shipper has the right to review comply with under this Section 2.2, Shipper has the documentation creating right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer Customer shall have the right to comply with (ia) each transportation agreement, terminal agreement, storage agreement, rail service agreement or any commitment or arrangement (including any volume commitment) that is in effect as of the Execution Date and that would require any Dedicated Crude Oil to utilize a terminal facility, pipeline system, storage facility, rail cars or other similar systems or facilities other than the Terminals System and/or the Provider Tank Cars, including any such agreement, commitment or arrangement burdening properties hereinafter acquired by Customer (each, a “Conflicting Dedications existing on the Effective Date or, Dedication”) that is described in the case of a Producer Assignee, the effective date of such assignmentExhibit C, and (iib) any other Conflicting Dedication that is applicable and in effect as of the date of acquisition that Customer acquires Control of any oil and gas leasesCrude Oil that would qualify as Dedicated Crude Oil that was not under the Control of Customer as of the Execution Date. Notwithstanding the foregoing, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer Customer shall have only the right to comply with a the applicable Conflicting Dedication only up to and until the first Day of the Month following the termination of such Conflicting Dedication (without giving effect to any right of Customer to renew or extend the term of such Conflicting Dedication). Producer shall For the avoidance of doubt, any Customer Crude Oil that, TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). but for a Conflicting Dedication, would be considered “Dedicated Crude Oil” hereunder, shall, automatically upon the termination of the applicable Conflicting Dedication, be considered “Dedicated Crude Oil” hereunder. As of the Execution Date, Customer represents that, except as set forth in Exhibit C, the Dedicated Crude Oil is not extend or renew subject to any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer and Shipper shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of entered into by a non-Affiliated predecessor-in-interest to Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication that is applicable as of the date of acquisition of thereof to any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are Dedicated Property acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not any Conflicting Dedications Dedication entered into in connection with such acquisition). ; provided, however, that Producer and Shipper shall have the right to comply with a Conflicting Dedication Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication. Dedication occurs and neither Producer nor Shipper shall not affirmatively extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion term of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer dedicates or Shipper has the released acreage ability to a Third Party terminate such Conflicting Dedication without incurring any costs, penalties or (ii) expressly prohibit Producer expenses. To Producer’s and Shipper’s knowledge, except for the Dedicated Crude Oil produced from dedicating such released acreage the Xxxxx identified as “Xxxxx Subject to an Affiliate of Producer. As used hereinConflicting Dedications” on Exhibit D, the term “Dedicated Crude Oil is not, as of the Effective Date, subject to any Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting . If Dedicated Crude Oil produced from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Well on a Well Pad is subject to a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall that Producer and Shipper have the right to review comply with under this Section 2.3, Producer and Shipper have the documentation creating right, in complying with such Conflicting Dedication, subject to confidentiality requirements applicable to deliver the Dedicated Crude Oil from such Well Pad in accordance with the Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, set forth in the case of a Producer Assignee, the effective date of such assignment, Exhibit A and (ii) any other Conflicting Dedication applicable (a) entered into by a non-Affiliated predecessor-in-interest to Producer to which any Oil and Gas Interest acquired by Producer after the Original Agreement Effective Date is subject as of the date of acquisition of any oil and gas leases, mineral interests, and thereof (other similar interests within the Dedication Area that are acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not than any Conflicting Dedications Dedication entered into by such predecessor-in-interest at the direction of Producer or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2). , whether such Conflicting Dedication 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 Dedication are extended beyond that applicable to such predecessor- in-interest at the time of the acquisition, or (b) entered into pursuant to a Third Party Bid in accordance with Section 3.4; provided, however, that Producer shall have the right to comply with a Conflicting Dedication Dedications only until the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Producer shall represents that, except as set forth in Exhibit A, Producer Gas was not extend or renew as of the Original Agreement Effective Date subject to any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Dedication. If Producer Gas produced from a well on a well pad is subject to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have that Producer has the right to review comply with under this Section 2.2, Producer has the documentation creating right, in complying with such Conflicting Dedication, to deliver all Producer Gas from such well pad in accordance with the Conflicting Dedication, even if all xxxxx on such well pad are not subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer Shipper shall have the right to comply with each gathering agreement or any commitment or arrangement (iincluding any volume commitment) each that would require any Shipper Gas to be gathered on any gathering system or similar system other than the Gathering System (each, a “Conflicting Dedication”) that (a) is in effect as of the Conflicting Dedications existing on the Effective Date orJanuary 1, 2017 and is described in the case of a Producer AssigneeExhibit C, the effective date of such assignment, or (b) is applicable and (ii) any other Conflicting Dedication applicable in effect as of the date of acquisition that Shipper acquires Control of any oil and gas leases, mineral interests, and other similar interests within Gas produced from lands covered by the Dedication Dedicated Area that are acquired by Producer after was not under the Effective Date and otherwise would have become subject to the Dedications Control of TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (but not any Conflicting Dedications entered into in connection with such acquisition**). Producer Shipper as of January 1, 2017. Notwithstanding the foregoing, Shipper shall only have the right to comply with a the applicable Conflicting Dedication only up to and until the first Day of the Month following the termination of such Conflicting Dedication (without giving effect to any right of Shipper to renew or extend the term of such Conflicting Dedication). Producer shall For the avoidance of doubt, any Shipper Gas that, but for a Conflicting Dedication, would be considered “Dedicated Production” hereunder, shall, automatically upon the termination of the applicable Conflicting Dedication, be considered “Dedicated Production” hereunder. As of January 1, 2017, Shipper represents that, except as set forth in Exhibit C, the Dedicated Production is not extend or renew subject to any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement Section 2.1 to the contrary, Producer Group shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, set forth in the case of a Producer Assignee, the effective date of such assignment, Exhibit D hereto and (ii) any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Producer Group that is applicable as of the date of acquisition of thereof to any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are Dedicated Interest acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). ; provided, however, that Producer Group shall each have the right to comply with a Conflicting Dedication Dedications only until the first last Day of the Month of the later of (a) the date in which the termination of such Conflicting Dedication occurs and (b) the date on which Gatherer is ready, willing and able to accept and provide services to Gas previously subject to the Conflicting Dedication pursuant to the terms set forth in this Agreement, and following such date, Producer Group shall no longer have the right to comply with such Conflicting Dedication. Producer Group shall not take any voluntary action or inaction (including the exercise of any right) to extend the term of such Conflicting Dedication. Not later than [***] Months prior to the expiration or potential expiration (taking into consideration Producer’s obligations set forth in the preceding sentence) of any Conflicting Dedication, Producer shall deliver notice to Gatherer of such upcoming expiration or potential expiration and, at Gatherer’s request, shall provide Gatherer with the information that Gatherer reasonably requests in order for Gatherer to assess the economic viability of providing Services to the Conflicting Dedication after termination of such Conflicting Dedication. [***]. Producer shall represents that, except as set forth in Exhibit D, Dedicated Gas is not extend or renew as of the Effective Date subject to any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer Dedication. If Dedicated Gas produced from a Well on a Well Pad is subject to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have that Producer Group has the right to review comply with under this Section 2.2, Producer Group has the documentation creating right, in complying with such Conflicting Dedication, to deliver all Dedicated Gas from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to confidentiality requirements applicable to such Conflicting Dedication, provided that such Xxxxx are not in the process of, nor have been connected to the Gathering System (whether producing, shut-in, temporarily abandoned or which has been spud or as to which drilling, completion, reworking or other well operations have commenced) nor has a Connection Notice been previously delivered by Producer for any such Well.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication applicable as of the date of acquisition of any oil Oil and gas leases, mineral interestsGas Interest or rights to any Fresh Water from any Water Source, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication. Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract contract, without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of a Producer Assignee, the effective date of such assignment, hereof and (ii) any other Conflicting Dedication applicable as of immediately before the date of acquisition of any oil and and/or gas leases, mineral interests, and other similar interests within the Dedication Area (i) that are acquired by Producer after the Effective Date and (ii) which otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication, at which time the Product subject to such Conflicting Dedication shall automatically be dedicated to this Agreement. Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications may contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co Gatherer shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date of the applicable Agreement Addendum or, in the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication applicable as of the date of acquisition of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date of the applicable Agreement Addendum and otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer Without the prior written consent of Midstream Co (which shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication. not be unreasonably withheld), Producer shall not extend or renew any Conflicting Dedication Dedication, except that Producer shall be entitled to the automatic extension or renewal of Conflicting Dedications solely to the extent such Conflicting Dedications cover Xxxxx existing on or before the date of such automatic extension or renewal and shall terminate each Conflicting Dedication as soon as permitted not with respect to any underlying acreage. If services of the type provided hereunder are being provided to Producer by a Third Party with respect to Dedicated Properties under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new a Conflicting Dedication, then 180 Days prior to the expiration of such Conflicting Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that a Meeting of Senior Management is not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such Dedicated Properties concurrently with the anticipated expiration or termination of the applicable Conflicting Dedication. If Midstream Co cannot provide Producer such assurances, then within 10 Business Days after the Meeting of Senior Management, Midstream Co shall deliver to Producer a written consent to the extension of the applicable Conflicting Dedication. In no event shall Producer be required to begin using Services provided by Midstream Co on a Day other than the first Day of a Month. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date of the applicable Agreement Addendum or, in the case of a Producer Assignee, the effective date of such assignment, assignment and (ii) any other Conflicting Dedication applicable as of the date of acquisition of any oil and gas leases, mineral interests, interests and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date of the applicable Agreement Addendum and otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer Without the prior written consent of Midstream Co (which shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication. not be unreasonably withheld), Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. If services of the type provided hereunder are being provided to Producer by a Third Party with respect to Dedicated Properties under a Conflicting Dedication, then 180 Days prior to the expiration of such Conflicting Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that a Meeting of Senior Management is not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such Dedicated Properties concurrently with the anticipated expiration or termination of the applicable Conflicting Dedication. If Midstream Co cannot provide Producer such assurances, then Midstream Co shall deliver to Producer a written consent to the extension of the applicable Conflicting Dedication. In no event shall Producer be required to begin using Services provided by Midstream Co on a Day other than the first Day of a Month. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date of the applicable Agreement Addendum or, in the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication applicable as of the date of acquisition of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date of the applicable Agreement Addendum and otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer Without the prior written consent of Midstream Co (which shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication. not be unreasonably withheld), Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication.. If services of the type provided hereunder are being provided to Producer by a Third Party with respect to Dedicated Properties under a Conflicting Dedication, then 180 Days prior to the expiration of such Conflicting Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that a Meeting of Senior Management is not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such Dedicated Properties concurrently with the anticipated expiration or termination of the applicable Conflicting Dedication. If Midstream Co cannot provide Producer such assurances, then Midstream Co shall deliver to Producer a written consent to the extension of the applicable Conflicting Dedication. In no event shall Producer be required to begin using Services provided by Midstream Co on a Day other than the first Day of a Month. NAI-1509460209v15 (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date orentered into by a non-Affiliated predecessor-in-interest to SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, in the case of a AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication that is applicable as of the date of acquisition of thereof to any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are Dedicated Property acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not any Conflicting Dedications Dedication entered into in connection with such acquisition). ; provided, however, that Producer shall have the right to comply with a Conflicting Dedication Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication. Dedication occurs and Producer shall not affirmatively extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion term of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer dedicates has the released acreage ability to a Third Party terminate such Conflicting Dedication without incurring any costs, penalties or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of expenses. To Producer. As used herein’s knowledge, the term “Dedicated Saltwater is not, as of the Effective Date, subject to any Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting . If Dedicated Saltwater produced from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Well on a Well Pad is subject to a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have that Producer has the right to review comply with under this Section 2.2, Producer has the documentation creating right, in complying with such Conflicting Dedication, subject to confidentiality requirements applicable to deliver all Dedicated Saltwater from such Well Pad in accordance with the Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date of the applicable Agreement Addendum or, in the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication applicable as of the date of acquisition of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date of the applicable Agreement Addendum and otherwise would have become subject to the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication. Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer and its Affiliates shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of a permitted assignee of Producer Assigneeor its Affiliate in accordance with Article 6, each of the Conflicting Dedications, as of the effective date of such assignment, assignment and (ii) any other Conflicting Dedication applicable as of the Effective Date or, in the case of subsequently acquired oil and gas leases or mineral interests, the date of acquisition of any oil and gas leases, leases or mineral interests, and other similar interests within the Dedication Area that are acquired by Producer or its Affiliates after the Effective Date and otherwise would have become subject to the Dedications hereunder (but Producer or its Affiliates may not enter into any new Conflicting Dedications entered into in connection with such acquisitionacquisition beyond acknowledging or assuming pre-existing dedications applicable to such acquired oil and gas leases or mineral interests). Producer and its Affiliates shall have the right to comply with a Conflicting Dedication only until the first Day day of the Month month following the termination of such Conflicting Dedication. Producer shall not (and shall cause its Affiliates not to) extend or renew any Conflicting Dedication and shall (and shall cause its Affiliates to) terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer or its Affiliates to incur any costs or expenses deemed unreasonable (other than de minimis costs or inappropriate expenses which shall under no circumstance include any costs or expenses required to be paid to a Third Party counterparty to a Conflicting Dedication for the purposes of the early cancellation or termination of a Conflicting Dedication), in the opinion of each case unless Buyer agrees to reimburse Producer or such Affiliate therefor in which case Producer shall (and shall cause its Affiliates to) terminate each Conflicting Dedication as soon as permitted under the underlying contract. Except for acknowledging or assuming pre-existing dedications pursuant to clause (ii) above, Producer shall not (and shall cause its Affiliates not to) enter into any new Conflicting Dedication, provided that this prohibition shall not apply to any Interests in the Dedicated Area held by any member of the Chevron Group as of the Effective Date. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on the sale and delivery of Product from specified Dedicated PropertiesInterests, Midstream Co Buyer shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of a Producer Assignee, the effective date of such assignment, hereof and (ii) any other Conflicting Dedication applicable as of immediately before the date of acquisition of any oil and and/or gas leases, mineral interests, and other similar interests within the Dedication Area (i) that are acquired by Producer after the Effective Date and (ii) which otherwise would have become subject to the Dedications dedication under this Agreement (but not any Conflicting Dedications entered into in connection with such acquisition). Producer shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication, at which time the Gas subject to such Conflicting Dedication shall automatically be dedicated to this Agreement. Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract contract, without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications may contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co Gatherer shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedication.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer Customer shall have the right to comply with each processing, fractionation or transportation agreement or any commitment or arrangement (iincluding any volume commitment) each that would require any Customer Gas to be processed or fractionated at any processing or fractionation facility other than the Xxxxxx System (each, a “Conflicting Dedication”) that (a) is in effect as of the Conflicting Dedications existing on the Effective Date orJanuary 1, 2018 and is described in the case of a Producer AssigneeExhibit C, the effective date of such assignment, or (b) that is applicable and (ii) any other Conflicting Dedication applicable in effect as of the date of acquisition that Customer acquires Control of any oil and gas leases, mineral interests, and other similar interests within Gas produced from lands covered by the Dedication Dedicated Area that are acquired by Producer after was not under the Effective Date and otherwise would have become subject to Control of Customer as of January 1, 2018. Notwithstanding the Dedications (but not any Conflicting Dedications entered into in connection with such acquisition). Producer foregoing, Customer shall only have the right to comply with a the applicable Conflicting Dedication only up to and until the first Day of the Month following the termination of such Conflicting Dedication. Producer shall not Dedication (without giving effect to any right of Customer to renew or extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication). For the avoidance of doubt, any Customer Gas that, but for a Conflicting Dedication, would be considered “Dedicated Production” hereunder, shall, automatically upon the termination of the applicable Conflicting Dedication, be considered “Dedicated Production” hereunder. As of January 1, 2018, Customer represents that, except as set forth in Exhibit C, the Dedicated Production is not subject to confidentiality requirements applicable to such any Conflicting Dedication. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer and Shipper shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of entered into by a non-Affiliated predecessor-in-interest to Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication that is applicable as of the date of acquisition of thereof to any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are Dedicated Property acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not any Conflicting Dedications Dedication entered into in connection with such acquisition). ; provided, however, that Producer and Shipper shall have the right to comply with a Conflicting Dedication Dedications only until the first last Day of the Month following in which the termination (or release) of such Conflicting Dedication. Dedication occurs and neither Producer nor Shipper shall not affirmatively extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion term of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer dedicates or Shipper has the released acreage ability to a Third Party terminate such Conflicting Dedication without incurring any costs, penalties or (ii) expressly prohibit Producer expenses. To Producer’s and Shipper’s knowledge, except for the Dedicated Crude Oil produced from dedicating such released acreage the Xxxxx identified as “Xxxxx Subject to an Affiliate of Producer. As used hereinConflicting Dedications” on Exhibit D and the Previous Dedication Agreements, the term “Dedicated Crude Oil is not, as of the Effective Date, subject to any Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting . If Dedicated Crude Oil produced from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Well on a Well Pad is subject to a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall that Producer and Shipper have the right to review comply with under this Section 2.2, Producer and Shipper have the documentation creating right, in complying with such Conflicting Dedication, subject to confidentiality requirements applicable to deliver the Dedicated Crude Oil from such Well Pad in accordance with the Conflicting Dedication. The Parties agree and acknowledge that the Previous Dedication Agreements shall be considered Conflicting Dedications for purposes of this Agreement. It is agreed and understood between the Parties that the Previous Dedication Agreements require certain volumes of otherwise Dedicated Crude Oil to be delivered to and gathered by a third party thereunder.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of entered into by a non-Affiliated predecessor-in-interest to Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication that is applicable as of the date of acquisition of thereof to any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are Dedicated Property acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (but not any Conflicting Dedications Dedication entered into in connection with such acquisition). ; provided, however, that Producer shall have the right to comply with a Conflicting Dedication Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication. Dedication occurs and Producer shall not affirmatively extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion term of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer dedicates has the released acreage ability to a Third Party terminate such Conflicting Dedication without incurring any costs, penalties or (ii) expressly prohibit Producer expenses. To Producer’s knowledge, except for the Dedicated Saltwater produced from dedicating such released acreage the Xxxxx identified as “Xxxxx Subject to an Affiliate of Producer. As used hereinConflicting Dedications” on Exhibit F and the Previous Dedication Agreements, the term “Dedicated Saltwater is not, as of the Effective Date, subject to any Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting . If Dedicated Saltwater produced from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Well on a Well Pad is subject to a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have that Producer has the right to review comply with under this Section 2.2, Producer has the documentation creating right, in complying with such Conflicting Dedication, subject to confidentiality requirements applicable to deliver all Dedicated Saltwater from such Well Pad in accordance with the Conflicting Dedication. The Parties agree and acknowledge that the Previous Dedication Agreements shall be considered Conflicting Dedications for purposes of this Agreement. It is agreed and understood between the Parties that the Previous Dedication Agreements require certain volumes of otherwise Dedicated Saltwater (including certain volumes elected by Producer pursuant to the terms and conditions of the Xxxxx Agreement in excess of the “Bi-Annual Commitment” (as defined therein) that otherwise receive “Firm Service” (as defined therein)) to be delivered to and disposed by a third party thereunder, and Gatherer shall nevertheless (a) remain responsible for gathering Services for such Dedicated Saltwater to be delivered to and disposed by a third party under the Previous Dedication Agreements, and (b) redeliver such volumes as and to the extent requested by Producer pursuant to Section 2.3(d)(ii) below. For the avoidance of doubt, Gatherer shall perform all Services for any volumes of Dedicated Saltwater covered by the Previous Dedication Agreements, but not delivered by Producer to its applicable counterparty thereunder.

Conflicting Dedications. (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications existing on the Effective Date or, in the case of a Producer Assignee, the effective date of such assignment, hereof and (ii) any other Conflicting Dedication applicable as of the date of acquisition of any oil and and/or gas leases, mineral interests, and other similar interests within the Dedication Area that are (i) acquired by Producer after the Original Effective Date and (ii) which otherwise would have become subject to the Dedications dedication under this Agreement (but not any Conflicting Dedications entered into in connection with such acquisition). Producer shall have the right to comply with a Conflicting Dedication only until the first Day of the Month following the termination of such Conflicting Dedication. Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract contract, without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. (b) Certain Midstream Co acknowledges that certain Conflicting Dedications contain rights of first refusal or other provisions that (i) entitle Producer to a release of acreage from such Conflicting Dedication if Producer dedicates the released acreage to a Third Party or and (ii) expressly prohibit Producer from dedicating such released acreage to an Affiliate of Producer. As used herein, the term “Conflicting Dedication” shall include both the original right of first refusal (or similar right) and the dedication resulting from an exercise of such right of first refusal (or similar right) so long as the resulting dedication covers the same acreage as the original Conflicting Dedication. (c) To the extent Producer claims that a Conflicting Dedication exists with respect to certain Services on specified Dedicated Properties, Midstream Co shall have the right to review the documentation creating such Conflicting Dedication, subject to confidentiality requirements applicable to such Conflicting Dedicationor other arrangements, if required by Producer.