Common use of Conflicting Dedications Clause in Contracts

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Shipper shall have the right to comply with each gathering agreement or any commitment or arrangement (including any volume commitment) that would require any Shipper Crude Oil 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 January 1, 2017 and is described in Exhibit C, or (b) is applicable and in effect as of the date that Shipper acquires Control of any Crude Oil produced from lands covered by the Dedicated Area that was not under the Control of Shipper as of January 1, 2017. Notwithstanding the foregoing, Shipper shall only have the right to comply with the applicable Conflicting Dedication 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). For the avoidance of doubt, any Shipper Crude Oil 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 subject to any Conflicting Dedication.

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Shipper Customer shall have the right to comply with each gathering processing, fractionation or transportation agreement or any commitment or arrangement (including any volume commitment) that would require any Shipper Crude Oil Customer Gas to be gathered on processed or fractionated at any gathering system processing or similar system fractionation facility other than the Gathering TGP System (each, a “Conflicting Dedication”) that (a) is in effect as of January 1, 2017 and is described in Exhibit C, or (b) that is applicable and in effect as of the date that Shipper Customer acquires Control of any Crude Oil Gas produced from lands covered by the Dedicated Area that was not under the Control of Shipper Customer as of January 1, 2017. Notwithstanding the foregoing, Shipper Customer shall only have the right to comply with the applicable Conflicting Dedication 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 Customer to renew or extend the term of such Conflicting Dedication). For the avoidance of doubt, any Shipper Crude Oil 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, 2017, Shipper Customer represents that, except as set forth in Exhibit C, the Dedicated Production is not subject to any Conflicting Dedication.

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Shipper shall have the right to comply with each gathering agreement or any commitment or arrangement (including any volume commitment) that would require any Shipper Crude Oil 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 January 1, 2017 2018 and is described in Exhibit C, or (b) is applicable and in effect as of the date that Shipper acquires Control of any Crude Oil Gas produced from lands covered by the Dedicated Area that was not under the Control of Shipper as of January 1, 20172018. Notwithstanding the foregoing, Shipper shall only have the right to comply with the applicable Conflicting Dedication 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). For the avoidance of doubt, any Shipper Crude Oil 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, 20172018, Shipper represents that, except as set forth in Exhibit C, the Dedicated Production is not subject to any Conflicting Dedication.

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Shipper shall have the right to comply with each gathering agreement or any commitment or arrangement (including any volume commitment) that would require any Shipper Crude Oil 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 January 1, 2017 and is described in Exhibit C, or (b) is applicable and in effect as of the date that Shipper acquires Control of any Crude Oil produced from lands covered by the Dedicated Area that was not under the Control of Shipper as of January 1, 2017. Notwithstanding the foregoing, Shipper Xxxxxxx shall only have the right to comply with the applicable Conflicting Dedication 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). For the avoidance of doubt, any Shipper Crude Oil 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 Xxxxxxx represents that, except as set forth in Exhibit C, the Dedicated Production is not subject to any Conflicting Dedication.

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Shipper shall have the right to comply with each gathering agreement or any commitment or arrangement (including any volume commitment) that would require any Shipper Crude Oil 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 January 1, 2017 2018 and is described in Exhibit C, or (b) is applicable and in effect as of the date that Shipper acquires Control of any Crude Oil Gas produced from lands covered by the Dedicated Area that was not under the Control of Shipper as of January 1, 20172018. Notwithstanding the foregoing, Shipper Xxxxxxx shall only have the right to comply with the applicable Conflicting Dedication 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). For the avoidance of doubt, any Shipper Crude Oil 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, 20172018, Shipper Xxxxxxx represents that, except as set forth in Exhibit C, the Dedicated Production is not subject to any Conflicting Dedication.