Common use of Conflicting Dedications Clause in Contracts

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Customer shall have the right to comply with each processing, fractionation or transportation agreement or any commitment or arrangement (including any volume commitment) that would require any Customer Gas to be processed or fractionated at any processing or fractionation facility other than the 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 Customer acquires Control of any Gas produced from lands covered by the Dedicated Area that was not under the Control of Customer as of January 1, 2017. Notwithstanding the foregoing, 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 Customer to renew or extend the term of 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, 2017, Customer represents that, except as set forth in Exhibit C, the Dedicated Production is not subject to any Conflicting Dedication.

Appears in 2 contracts

Samples: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP), Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

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

Appears in 2 contracts

Samples: Crude Oil Gathering Agreement (Hess Midstream Partners LP), Crude Oil Gathering Agreement (Hess Midstream Partners LP)

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Customer Shipper shall have the right to comply with each processing, fractionation or transportation gathering agreement or any commitment or arrangement (including any volume commitment) that would require any Customer Shipper Gas to be processed gathered on any gathering system or fractionated at any processing or fractionation facility similar system other than the TGP 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) that is applicable and in effect as of the date that Customer Shipper acquires Control of any Gas produced from lands covered by the Dedicated Area that was not under the Control of Customer Shipper as of January 1, 20172018. Notwithstanding the foregoing, Customer 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 Customer Shipper to renew or extend the term of such Conflicting Dedication). For the avoidance of doubt, any Customer 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, 20172018, Customer Xxxxxxx represents that, except as set forth in Exhibit C, the Dedicated Production is not subject to any Conflicting Dedication.

Appears in 1 contract

Samples: Gas Gathering Agreement (Hess Midstream LP)

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Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Customer Shipper shall have the right to comply with each processing, fractionation or transportation gathering agreement or any commitment or arrangement (including any volume commitment) that would require any Customer Shipper Gas to be processed gathered on any gathering system or fractionated at any processing or fractionation facility similar system other than the TGP 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) that is applicable and in effect as of the date that Customer Shipper acquires Control of any Gas produced from lands covered by the Dedicated Area that was not under the Control of Customer Shipper as of January 1, 20172018. Notwithstanding the foregoing, Customer 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 Customer Shipper to renew or extend the term of such Conflicting Dedication). For the avoidance of doubt, any Customer 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, 20172018, Customer Shipper represents that, except as set forth in Exhibit C, the Dedicated Production is not subject to any Conflicting Dedication.

Appears in 1 contract

Samples: Gas Gathering Agreement (Hess Midstream Partners LP)

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