Conflicting Dedications. Producer shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit B hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor in interest to Producer to which any Dedicated Property acquired by Producer after the Effective Date is subject as of the date of acquisition thereof (other than any Conflicting 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; provided, however, that Producer shall have the right to comply with Conflicting 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 represents that, except as set forth in Exhibit B, Dedicated Gas is not as of the Effective Date subject to any Conflicting Dedication. If Dedicated Gas produced from a well on a well pad is subject to a Conflicting Dedication that Producer has the right to comply with under this Section 2.2, Producer has the 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 such Conflicting Dedication.
Appears in 2 contracts
Samples: Right of First Offer Agreement (Antero Midstream Partners LP), Right of First Offer Agreement (ANTERO RESOURCES Corp)
Conflicting Dedications. Producer and Shipper shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit B hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor in predecessor-in-interest to Producer to which any Dedicated Property acquired by Producer after the Effective Date that is subject applicable as of the date of acquisition thereof to any Dedicated Property acquired after the Effective Date (other than but not any Conflicting 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; provided, however, that Producer and Shipper shall have the right to comply with Conflicting Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication occurs and neither Producer nor Shipper shall not take any voluntary action (including the exercise of any right to extend) to affirmatively extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting DedicationDedication 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 or Shipper has the ability to terminate such Conflicting Dedication without incurring any costs, penalties or expenses. Producer represents thatTo Producer’s and Shipper’s knowledge, except as set forth in Exhibit B, the Dedicated Gas is not not, as of the Effective Date Date, subject to any Conflicting Dedication. If Dedicated Gas produced from a well Well on a well pad Well Pad is subject to a Conflicting Dedication that Producer has and Shipper have the right to comply with under this Section 2.22.3, Producer has and Shipper have the right, in complying with such Conflicting Dedication, to deliver all the Dedicated Gas from such well pad Well Pad in accordance with the Conflicting Dedication, even if all xxxxx on such well pad are not subject to such Conflicting Dedication.
Appears in 2 contracts
Samples: Gas Gathering, Compression, Processing and Gas Lift Agreement (Oasis Midstream Partners LP), Gas Gathering, Compression, Processing and Gas Lift Agreement (Oasis Midstream Partners LP)
Conflicting Dedications. Producer shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit B hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor in predecessor-in-interest to Producer to which any Dedicated Property acquired by Producer after the Effective Date that is subject applicable as of the date of acquisition thereof to any Dedicated Property acquired after the Effective Date (other than but not any Conflicting 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; provided, however, that Producer shall have the right to comply with Conflicting Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication occurs and Producer shall not take any voluntary action (including the exercise of any right to extend) to affirmatively extend or renew the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting DedicationDedication 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 has the ability to terminate such Conflicting Dedication without incurring any costs, penalties or expenses. Producer represents thatTo Producer’s knowledge, except as set forth in for any Gas produced from the lands or xxxxx identified on Exhibit BC, the Dedicated Gas is not not, as of the Effective Date Date, subject to any Conflicting Dedication. If Dedicated Gas produced from a well Well on a well pad Well Pad is subject to a Conflicting Dedication that Producer has the right to comply with under this Section 2.2, Producer has the right, in complying with such Conflicting Dedication, to deliver all the Dedicated Gas from such well pad Well Pad in accordance with the Conflicting Dedication, even if all xxxxx on such well pad are not subject to such Conflicting Dedication.
Appears in 2 contracts
Samples: Gas Gathering and Compression Agreement (Rattler Midstream Lp), Gas Gathering and Compression Agreement (Rattler Midstream Lp)