Common use of Delivery, Inspection and Acceptance Clause in Contracts

Delivery, Inspection and Acceptance. For Equipment held by MidCon for CMO that is RTS, MidCon shall ship such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by CMO. No later than 7 days after delivery of the Equipment to Gatherer’s site, CMO shall cause Gatherer to inspect the Equipment. Unless CMO provides Notice to MidCon within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, CMO provides Notice to MidCon of the unacceptability of the Equipment, MidCon shall correct such defects as soon as commercially practicable but no later than 14 days after the date of CMO’s Notice or MidCon will retrieve and remove the Equipment by such date, at its cost, and CMO shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, operation, supervision, and control of the Equipment for operation pursuant to the terms of this Agreement. Any acceptance by Gatherer of any Equipment shall not relieve MidCon of its obligations hereunder in respect of such Equipment. 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, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Delivery, Inspection and Acceptance. For Equipment held by MidCon on standby for CMO MLP OpCo that is RTS, MidCon CHK Compression shall ship deliver such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by CMOMLP OpCo. No later than 7 days after delivery of the Equipment to Gatherer’s site, CMO MLP OpCo shall cause Gatherer to inspect the Equipment. Unless CMO MLP OpCo provides Notice to MidCon CHK Compression within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, CMO MLP OpCo provides Notice to MidCon CHK Compression of the unacceptability of the Equipment, MidCon CHK Compression shall correct such defects as soon as commercially practicable but no later than 14 days after the date of CMOMLP OpCo’s Notice or MidCon CHK Compression will retrieve and remove the Equipment by such date, at its cost, and CMO MLP OpCo shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, operationcustody, supervision, and control of the Equipment for operation pursuant to the terms of this AgreementEquipment. Any acceptance by Gatherer of any Equipment shall not relieve MidCon CHK Compression of its obligations hereunder in respect of such Equipment. 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, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Delivery, Inspection and Acceptance. For Equipment held by MidCon on standby for CMO MLP OpCo that is RTS, MidCon CHK Compression shall ship deliver such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by CMOMLP OpCo. No later than 7 days after delivery of the Equipment to Gatherer’s site, CMO MLP OpCo shall cause Gatherer to inspect the Equipment. Unless CMO MLP OpCo provides Notice to MidCon CHK Compression within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, CMO MLP OpCo provides Notice to MidCon CHK Compression of the unacceptability of the Equipment, MidCon CHK Compression shall correct such defects as soon as commercially practicable but no later than 14 days after the date of CMOMLP OpCo’s Notice or MidCon CHK Compression will retrieve and remove the Equipment by such date, at its cost, and CMO MLP OpCo shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, operation, supervision, and control of the Equipment for operation pursuant to the terms of this Agreement. Any acceptance by Gatherer of any Equipment shall not relieve MidCon CHK Compression of its obligations hereunder in respect of such Equipment. 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, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Delivery, Inspection and Acceptance. For Equipment held by MidCon on standby for CMO Gatherer that is RTS, MidCon CHK Compression shall ship deliver such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by CMOGatherer. No later than 7 days after delivery of the Equipment to Gatherer’s site, CMO Gatherer shall cause Gatherer to inspect the Equipment. Unless CMO Gatherer provides Notice to MidCon CHK Compression within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, CMO Gatherer provides Notice to MidCon CHK Compression of the unacceptability of the Equipment, MidCon CHK Compression shall correct such defects as soon as commercially practicable but no later than 14 days after the date of CMOGatherer’s Notice or MidCon CHK Compression will retrieve and remove the Equipment by such date, at its cost, and CMO Gatherer shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, operationcustody, supervision, and control of the Equipment for operation pursuant to the terms of this AgreementEquipment. Any acceptance by Gatherer of any Equipment shall not relieve MidCon CHK Compression of its obligations hereunder in respect of such Equipment. 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, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).