Common use of Development Plan; Fresh Water Facilities Plan; Exchange and Review of Information Clause in Contracts

Development Plan; Fresh Water Facilities Plan; Exchange and Review of Information. (a) The Initial Development Plan describes Producer’s planned development and drilling activities relating to the Service Area Properties through December 31, 2017 (such plan, as updated as hereinafter provided, the “Development Plan”). Following the Effective Date, on or before the last Day of each Month, Producer shall provide Service Provider an updated Development Plan describing the planned development and drilling activities relating to the Service Area Properties for the 24-Month period commencing on the date of such updated Development Plan. Each Development Plan will include (i) information as to the Xxxxx that Producer expects will be drilled during such period (each such Well reflected in a Development Plan, a “Planned Well”), which may be by reference to Well Pads and the number of Xxxxx to be drilled at such Well Pads, information as to the Well Pads expected to be constructed during such period and the approximate locations thereof, and the earliest date on which one or more Planned Xxxxx at each such Well Pad are expected to be hydraulically fractured, and (ii) good faith and reasonable forecasts of the periods of time during which Fresh Water will be required at each Well Pad for the purpose of hydraulic fracturing operations for all Planned Xxxxx on such Well Pad and the volumes of Fresh Water and the rates of flow that will be required for hydraulic fracturing operations on such Well Pad during the 24-Month period following the date of such Development Plan. Producer shall make its representatives available to discuss the Development Plan from time to time with Service Provider and its representatives, in order to facilitate advance planning for expansion or improvement of the Fresh Water System and/or the planning of the Fresh Water Services and to address other matters relating to the construction and installation of additions to the Fresh Water System. Producer may provide updated or amended Development Plans to Service Provider at any time and shall provide its then-current Development Plan to Service Provider from time to time on or prior to the fifth (5th) Business Day after Service Provider’s request therefor. (b) Service Provider has provided to Producer a Fresh Water System plan describing and/or depicting the Fresh Water System, including all Take Points, pipelines, Impoundment Facilities, rights of way for surface Fresh Water lines, and all pumping stations and other major physical facilities, together with their locations, sizes and other physical specifications, operating parameters, capacities, and other relevant specifications, and together with a schedule for completing the construction and installation of the planned portions thereof, in each case as currently in existence, under construction, or planned, together with information about the High Rate Transfer Facilities, including the number and capacity of ASTs and high rate transfer pumps, that will be utilized to perform the High-Rate Transfer Services at each Well Pad (such plan, as updated as hereinafter provided, the “Fresh Water Facilities Plan”). Based on the Development Plans and such other information about the expected development of the Service Area Properties as shall be provided to Service Provider by or on behalf of Producer, Service Provider shall periodically update the Fresh Water Facilities Plan. Without limiting the generality of the foregoing, Service Provider shall ensure that the Fresh Water Facilities Plan reflects all Required Connection Xxxxx included in each Monthly Development Plan not later than 30 Days after such Development Plan is delivered to Service Provider. Service Provider shall make the Fresh Water Facilities Plan available for inspection by Producer and its representatives from time to time and shall make representatives of Service Provider available to discuss the Fresh Water Facilities Plan from time to time with Producer and its representatives. Service Provider shall provide Producer updates not less frequently than Monthly on the progress of work on all facilities necessary to connect the Fresh Water System to the Well Pads on which the Required Connection Xxxxx are or are to be located as set forth in the then-current Fresh Water Facilities Plan. (c) The Parties recognize that the plans for the development of the Service Area Properties set forth in each Development Plan, as well as all information provided by Producer to Service Provider regarding its intentions with respect to the development of the Service Area Properties, are subject to change and revision at any time at the discretion of Producer, and that such changes may impact the timing, configuration, and scope of the planned activities of Service Provider. The exchange of such information and any changes thereto shall not give rise to any rights or liabilities as between the Parties except as expressly set forth in this Agreement, and Service Provider shall determine at its own risk the time at which it begins to work on and incur costs in connection with projects to expand the Fresh Water System and its other facilities and capacities, including the acquisition of rights of way, equipment, and materials. Without limiting the generality of the foregoing, Producer has no obligation to Service Provider under this Agreement to develop or produce any Hydrocarbons from the Service Area Properties or to pursue or complete any drilling or development on the Service Area Properties, whether or not envisioned in the Development Plan.

Development Plan; Fresh Water Facilities Plan; Exchange and Review of Information. (a) The Initial Development Plan describes Producer’s planned development and drilling activities relating to the Service Area Properties through December 31, 2017 the date that is 18 months after the Effective Date (such plan, as updated as hereinafter provided, and including any proposed development plan that becomes part of the Development Plan pursuant to Section 2.4, the “Development Plan”). Following the Effective Date, on or before the last Day of each Month, Producer shall provide Service Provider Antero Water an updated Development Plan describing the planned development and drilling activities relating to the Service Area Properties for the 2418-Month period commencing on the date of such updated Development PlanPlan on or before the last Day of each Month. Each Development Plan will include (i) information as to the Xxxxx that Producer expects will be drilled during such period (each such Well reflected in a Development Plan, a “Planned Well”), which may be by reference to Well Pads and the number of Xxxxx to be drilled at such Well Pads, information as to the each Well Pads Pad expected to be constructed during such period (each such Well Pad reflected in a Development Plan, a “Planned Well Pad”) and the approximate locations thereof, and the earliest date on which hydraulic fracturing operations are expected to be commenced at one or more Planned Xxxxx at each such Planned Well Pad are expected to be hydraulically fracturedPad, and (ii) good faith and reasonable forecasts of the periods of time during which Fresh Water will be required at each Well Pad for the purpose of hydraulic fracturing operations for all Planned Xxxxx on such Well Pad and the volumes of Fresh Water and the rates of flow that will be required for such hydraulic fracturing operations on at such Well Pad Planned Xxxxx during the 2418-Month period following the date of such Development Plan, including for each such Planned Well the expected Fresh Water Delivery Rate, and (iii) good faith and reasonable forecasts of the volumes of Attributable Produced Water to be produced at each Well (including the Planned Xxxxx included in such Development Plan), in each case to the extent not previously provided or, if earlier provided, as revised in Producer’s good faith estimation. Producer shall make its representatives available to discuss the Development Plan from time to time with Service Provider Antero Water and its representatives, in order to facilitate advance planning for expansion or improvement of the Fresh Water System and/or the planning of the Fresh Water Services Facilities and to address other matters relating to the construction and installation of additions to the Fresh Water SystemFacilities and/or the planning of the Waste Water Services. Subject to the terms of Section 4.2, Producer may provide updated or amended Development Plans to Service Provider Antero Water at any time and shall provide its then-current Development Plan to Service Provider Antero Water from time to time on or prior to the fifth (5th) Business Day after Service ProviderAntero Water’s request therefor. (b) Service Provider has provided to Producer Attached hereto as Exhibit E is a Fresh Water System Facilities plan describing and/or depicting the Fresh Water System, including all Take Points, pipelines, Impoundment Required Retention Facilities, Fresh Water Delivery Points, rights of way for surface Fresh Water lines, and all pumping stations Required Pumping Stations and other major physical facilities, together with their locations, sizes and other physical specifications, operating parameters, capacities, and other relevant specifications, and together with a schedule for completing the construction and installation of the planned portions thereof, in each case as currently in existence, under construction, or planned, together with information about the High Rate Transfer Facilities, including the number and capacity of ASTs and high rate transfer pumps, that will be utilized to perform the High-Rate Transfer Services at each Well Pad planned (such plan, as updated as hereinafter provided, the “Fresh Water Facilities Plan”). Based on the Development Plans and such other information about the expected development of the Service Area Properties as shall be provided to Service Provider Antero Water by or on behalf of ProducerProducer in accordance herewith, Service Provider Antero Water shall periodically update the Fresh Water Facilities Plan. Without limiting the generality of the foregoing, Service Provider Antero Water shall ensure that the Fresh Water Facilities Plan reflects all Required Connection Xxxxx included in each Monthly Development Plan not later than 30 Days after such Development Plan is delivered to Service Providerdelivered. Service Provider Antero Water shall make the Fresh Water Facilities Plan available for inspection by Producer and its representatives from time to time and shall make representatives of Service Provider Antero Water available to discuss the Fresh Water Facilities Plan from time to time with Producer and its representatives. Service Provider Antero Water shall provide Producer written updates not less frequently than Monthly on the progress of work on all facilities necessary to connect the Fresh Water System to the Planned Well Pads on which the Required Connection Xxxxx are or are to be located as set forth in the then-current Fresh Water Facilities Plan. (c) The Subject to Section 4.2, (i) the Parties recognize that the plans for the development of the Service Area Properties set forth in each the Development PlanPlans, as well as all information provided by Producer to Service Provider Antero Water regarding its intentions with respect to the development of the Service Area Properties, are subject to change and revision at any time at the discretion of Producer, and that such changes may impact the timing, configuration, and scope of the planned activities of Service Provider. The Antero Water, and (ii) the exchange of such information and any changes thereto shall not give rise to any rights or liabilities as between the Parties except as expressly set forth in this Agreement, and Service Provider Antero Water shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular projects to expand the Fresh Water System and its other facilities and or capacities, including the construction or installation of Water Facilities and the acquisition of rights of way, equipment, and materialsmaterials necessary or desirable in connection therewith. Without limiting the generality of the foregoing, and notwithstanding anything to the contrary in this Agreement, Producer has no obligation to Service Provider Antero Water under this Agreement to develop or produce any Hydrocarbons from the Service Area Properties or to pursue or complete any drilling or development on the Service Area Properties, whether or not envisioned in the Development Plan.

Development Plan; Fresh Water Facilities Plan; Exchange and Review of Information. (a) The Initial Development Plan describes Producer’s planned development and drilling activities relating to the Service Area Properties through December 31, 2017 the date that is 18 months after the Original Agreement Effective Date (such plan, as updated as hereinafter provided, and including any proposed development plan that becomes part of the Development Plan pursuant to Section 2.4, the “Development Plan”). Following the Original Agreement Effective Date, on or before the last Day of each Month, Producer shall provide Service Provider Antero Water an updated Development Plan describing the planned development and drilling activities relating to the Service Area Properties for the 2418-Month period commencing on the date of such updated Development PlanPlan on or before the last Day of each Month. Each Development Plan will include (i) information as to the Xxxxx that Producer expects will be drilled during such period (each such Well reflected in a Development Plan, a “Planned Well”), which may be by reference to Well Pads and the number of Xxxxx to be drilled at such Well Pads, information as to the each Well Pads Pad expected to be constructed during such period (each such Well Pad reflected in a Development Plan, a “Planned Well Pad”) and the approximate locations thereof, and the earliest date on which hydraulic fracturing operations are expected to be commenced at one or more Planned Xxxxx at each such Planned Well Pad are expected to be hydraulically fracturedPad, and (ii) good faith and reasonable forecasts of the periods of time during which Fresh Water will be required at each Well Pad for the purpose of hydraulic fracturing operations for all Planned Xxxxx on such Well Pad and the volumes of Fresh Water and the rates of flow that will be required for such hydraulic fracturing operations on at such Well Pad Planned Xxxxx during the 2418-Month period following the date of such Development Plan, including for each such Planned Well the expected Fresh Water Delivery Rate, and (iii) good faith and reasonable forecasts of the volumes of Attributable Produced Water to be produced at each Well (including the Planned Xxxxx included in such Development Plan), in each case to the extent not previously provided or, if earlier provided, as revised in Producer’s good faith estimation. Producer shall make its representatives available to discuss the Development Plan from time to time with Service Provider Antero Water and its representatives, in order to facilitate advance planning for expansion or improvement of the Fresh Water System and/or the planning of the Fresh Water Services Facilities and to address other matters relating to the construction and installation of additions to the Fresh Water SystemFacilities and/or the planning of the Waste Water Services. Subject to the terms of Section 4.2, Producer may provide updated or amended Development Plans to Service Provider Antero Water at any time and shall provide its then-current Development Plan to Service Provider Antero Water from time to time on or prior to the fifth (5th) Business Day after Service ProviderAntero Water’s request therefor. (b) Service Provider has provided to Producer Attached hereto as Exhibit E is a Fresh Water System Facilities plan describing and/or depicting the Fresh Water SystemSystem as of the Original Agreement Effective Date, including all Take Points, pipelines, Impoundment Required Retention Facilities, Fresh Water Delivery Points, rights of way for surface Fresh Water lines, and all pumping stations Required Pumping Stations and other major physical facilities, together with their locations, sizes and other physical specifications, operating parameters, capacities, and other relevant specifications, and together with a schedule for completing the construction and installation of the planned portions thereof, in each case as currently in existence, under construction, or planned, together with information about planned as of the High Rate Transfer Facilities, including the number and capacity of ASTs and high rate transfer pumps, that will be utilized to perform the High-Rate Transfer Services at each Well Pad Original Agreement Effective Date (such plan, as updated as hereinafter provided, the “Fresh Water Facilities Plan”). Based on the Development Plans and such other information about the expected development of the Service Area Properties as shall be provided to Service Provider Antero Water by or on behalf of ProducerProducer in accordance herewith, Service Provider Antero Water shall periodically update the Fresh Water Facilities Plan. Without limiting the generality of the foregoing, Service Provider Antero Water shall ensure that the Fresh Water Facilities Plan reflects all Required Connection Xxxxx included in each Monthly Development Plan not later than 30 Days after such Development Plan is delivered to Service Providerdelivered. Service Provider Antero Water shall make the Fresh Water Facilities Plan available for inspection by Producer and its representatives from time to time and shall make representatives of Service Provider Antero Water available to discuss the Fresh Water Facilities Plan from time to time with Producer and its representatives. Service Provider Antero Water shall provide Producer written updates not less frequently than Monthly on the progress of work on all facilities necessary to connect the Fresh Water System to the Planned Well Pads on which the Required Connection Xxxxx are or are to be located as set forth in the then-current Fresh Water Facilities Plan. (c) The Subject to Section 4.2, (i) the Parties recognize that the plans for the development of the Service Area Properties set forth in each the Development PlanPlans, as well as all information provided by Producer to Service Provider Antero Water regarding its intentions with respect to the development of the Service Area Properties, are subject to change and revision at any time at the discretion of Producer, and that such changes may impact the timing, configuration, and scope of the planned activities of Service Provider. The Antero Water, and (ii) the exchange of such information and any changes thereto shall not give rise to any rights or liabilities as between the Parties except as expressly set forth in this Agreement, and Service Provider Antero Water shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular projects to expand the Fresh Water System and its other facilities and or capacities, including the construction or installation of Water Facilities and the acquisition of rights of way, equipment, and materialsmaterials necessary or desirable in connection therewith. Without limiting the generality of the foregoing, and notwithstanding anything to the contrary in this Agreement, Producer has no obligation to Service Provider Antero Water under this Agreement to develop or produce any Hydrocarbons from the Service Area Properties or to pursue or complete any drilling or development on the Service Area Properties, whether or not envisioned in the Development Plan.