Common use of Exchange and Review of Information Clause in Contracts

Exchange and Review of Information. (a) The Parties recognize that all information provided by Producer to Gatherer regarding its intentions with respect to the development of the Dedicated Properties is 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 Gatherer. The exchange of such information and any changes thereto shall not give rise to any rights or liabilities as among the Parties except as expressly set forth in this Agreement, and Gatherer shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular Gathering System expansion projects, including the acquisition of rights of way, equipment and materials. Without limiting the generality of the foregoing, Producer has no obligation to Gatherer under this Agreement to develop or produce any Saltwater from the Dedicated Properties or to pursue or complete any drilling or development on the Dedicated Properties other than the terms specifically stated in this Agreement. (b) Producer agrees to provide to Gatherer, prior to October 15 of each year, copies of a drilling plan for the following calendar year, which shall describe the planned drilling and production activities relating to Producer’s Interests in the Dedicated Acreage during such year, including good faith and reasonable forecasts of the volume of Dedicated Saltwater expected to be produced through all CDPs during such year, and including the location of all Planned CDPs expected to be connected to the Gathering System during such year, and the projected spud date, projected completion date and projected volumes for each New Well that is expected to be completed and to produce through each CDP during such year. Each time Producer materially updates such drilling plan, it shall provide a copy of such updated drilling plan to Gatherer, but not less frequently than on a calendar quarter basis.

Exchange and Review of Information. (a) The Parties recognize that all information provided by Producer to Gatherer regarding its intentions with respect to the development of the Dedicated Service Area Properties is 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 Gatherer. The exchange of such information and any changes thereto shall not give rise to any rights or liabilities as among between the Parties except as expressly set forth in this Agreement, and Gatherer shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular Gathering System expansion projects, including the acquisition of rights of way, equipment and materials. Without limiting the generality of the foregoing, Producer has no obligation to Gatherer under this Agreement to develop or produce any Saltwater from the Dedicated Service Area Properties or to pursue or complete any drilling or development on the Dedicated Service Area Properties other than the terms specifically stated in this Agreement. (b) Producer agrees to provide to Gatherer, prior to October 15 [***] of each year, copies of a drilling plan for the following calendar yearContract Year, which shall describe the planned drilling and production activities relating to Producer’s Interests in the Dedicated Service Acreage during such year, including good faith and reasonable forecasts of the volume of Dedicated Committed Saltwater expected to be produced through all CDPs Tank Batteries during such year, and including the location of all Planned CDPs Tank Batteries expected to be connected to the Gathering System during such yearyear (specifying any connections required during the immediate next [***] Days after delivery of the Development Plan), and the projected spud date, projected completion date and projected volumes for each New Well that is expected to be completed and to produce through each CDP Tank Battery during such year. Each time Producer materially updates such drilling plan, it shall provide a copy of such updated drilling plan to Gatherer, but not less frequently than on a calendar quarter basis.

Exchange and Review of Information. (a) The Parties recognize that all information provided by Producer to Gatherer regarding its intentions with respect to the development of the Dedicated Properties is 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 Gatherer. The exchange of such information and any changes thereto shall not give rise to any rights or liabilities as among the Parties except as expressly set forth in this Agreement, and Gatherer shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular Gathering System expansion projects, including the acquisition of rights of way, equipment and materials. Without limiting the generality of the foregoing, Producer has no obligation to Gatherer under this Agreement to develop or produce any Saltwater from the Dedicated Properties or to pursue or complete any drilling or development on the Dedicated Properties other than the terms specifically stated in this Agreement. (b) Producer agrees to provide to Gatherer, prior to October 15 15th of each year, copies of a drilling plan for the following calendar year, which shall describe the planned drilling and production activities relating to Producer’s Interests in the Dedicated Acreage during such year, including good faith and reasonable forecasts of the volume of Dedicated Saltwater expected to be produced through all CDPs during such year, and including the location of all Planned CDPs expected to be connected to the Gathering System during such year, the estimated volume of Saltwater to be used for frac recycle, treatment, reinjection and/or reuse and the projected spud date, projected completion date and projected volumes for each New Well that is expected to be completed and to produce through each CDP during such year. Each time Producer materially updates such drilling plan, it shall provide a copy of such updated drilling plan to Gatherer, but not less frequently than on a calendar quarter basis.

Exchange and Review of Information. (a) The Parties recognize that all information provided by Producer to Gatherer Seller regarding its intentions with respect to the development of the Dedicated Properties is 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 GathererSeller. The exchange of such information and any changes thereto shall not give rise to any rights or liabilities as among the Parties except as expressly set forth in this Agreement, and Gatherer Seller shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular Gathering Freshwater System expansion projects, including the acquisition of rights of way, equipment and materials. Without limiting the generality of the foregoing, Producer has no obligation to Gatherer Seller under this Agreement to develop or produce any Saltwater from the Dedicated Properties or to pursue or complete any drilling or development on the Dedicated Properties other than the terms specifically stated in this Agreement. (b) Producer agrees to provide to GathererSeller, prior to October 15 of each year, copies of a drilling plan for the following calendar year, which shall describe the planned drilling and production activities relating to Producer’s Interests in the Dedicated Acreage Properties during such year, including good faith and reasonable forecasts of the volume of Dedicated Saltwater Freshwater expected to be produced through utilized at all CDPs during such year, and including the location of all Planned CDPs expected to be connected to the Gathering Freshwater System during such year, and the projected spud date, projected completion date and projected Freshwater volumes expected to be utilized for each New Well that is expected to be completed and to produce through each CDP during such year. Each time Producer materially updates such drilling plan, it shall provide a copy of such updated drilling plan to GathererSeller, but not less frequently than on a calendar quarter basis.

Exchange and Review of Information. (a) The Parties recognize that all information provided by Producer to Gatherer Seller regarding its intentions with respect to the development of the Dedicated Properties is 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 GathererSeller. The exchange of such information and any changes thereto shall not give rise to any rights or liabilities as among between the Parties except as expressly set forth in this Agreement, and Gatherer Seller shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular Gathering Freshwater System expansion projects, including the acquisition of rights of way, equipment and materials. Without limiting the generality of the foregoing, Producer has no obligation to Gatherer Seller under this Agreement to develop or produce any Saltwater from the Dedicated Properties or to pursue or complete any drilling or development on the Dedicated Properties other than the terms specifically stated in this Agreement. (b) Producer agrees to provide to GathererSeller, prior to October 15 [***] of each year, copies of a drilling plan for the following calendar yearContract Year, which shall describe the planned drilling and production activities relating to Producer’s Interests in the Dedicated Acreage Properties during such year, including good faith and reasonable forecasts of the volume of Dedicated Saltwater Freshwater expected to be produced through utilized at all CDPs Delivery Points during such year, and including the location of all Planned CDPs Delivery Points expected to be connected to the Gathering Freshwater System during such yearyear (specifying any connections required during the immediate next [***] Days after delivery of the Development Plan), and the projected spud date, projected completion date and projected Freshwater volumes expected to be utilized for each New Well that is expected to be completed and to produce through each CDP during such yearContract Year. Each time Producer materially updates such drilling plan, it shall provide a copy of such updated drilling plan to GathererSeller, but not less frequently than on a calendar quarter basis.

Exchange and Review of Information. (a) The Parties recognize that all information provided by Producer to Gatherer regarding its intentions with respect to the development of the Dedicated Properties is 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 Gatherer. The exchange of such information and any changes thereto shall not give rise to any rights or liabilities as among the Parties except as expressly set forth in this Agreement, and Gatherer shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular Gathering System expansion projects, including the acquisition of rights of way, equipment and materials. Without limiting the generality of the foregoing, Producer has no obligation to Gatherer under this Agreement to develop or produce any Saltwater from the Dedicated Properties or to pursue or complete any drilling or development on the Dedicated Properties other than the terms specifically stated in this Agreement. (b) Producer agrees to provide to Gatherer, prior to October 15 of each year, copies of a drilling plan for the following calendar year, which shall describe the planned drilling and production activities relating to Producer’s Interests in the Dedicated Acreage during such year, including good faith and reasonable forecasts of the volume of Dedicated Saltwater expected to be produced through all CDPs during such year, and including the location of all Planned Required Connection CDPs expected to be connected to the Gathering System during such year, and the projected spud date, projected completion date and projected volumes for each New Well that is expected to be completed and to produce through each CDP during such year. Each time Producer materially updates such drilling plan, it shall provide a copy of such updated drilling plan to Gatherer, but not less frequently than on a calendar quarter basis.

Exchange and Review of Information. (a) The Parties recognize that all information provided by Producer to Gatherer regarding its intentions with respect to the development of the Dedicated Properties is 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 Gatherer. The exchange of such information and any changes thereto shall not give rise to any rights or liabilities as among between the Parties except as expressly set forth in this Agreement, and Gatherer shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular Gathering System expansion projects, including the acquisition of rights of way, equipment and materials. Without limiting the generality of the foregoing, Producer has no obligation to Gatherer under this Agreement to develop or produce any Saltwater from the Dedicated Properties or to pursue or complete any drilling or development on the Dedicated Properties other than the terms specifically stated in this Agreement. (b) Producer agrees to provide has provided to Gatherer, and shall provide to Gatherer prior to October 15 of each year, copies of a drilling plan for the following calendar yearyear(each, a “Development Plan”), which shall describe the planned drilling and production activities relating to Producer’s Interests in the Dedicated Acreage during such year, including good faith and reasonable forecasts of the volume of Dedicated Saltwater expected to be produced through all CDPs during such year, the volume of Saltwater to be used for frac recycle, treatment, reinjection and/or reuse and including the location of all Planned CDPs expected to be connected to the Gathering System during such year, and the projected spud date, projected completion date and projected volumes for each New Well that is expected to be completed and to produce through each CDP during such year. Each time Producer materially updates such drilling plana Development Plan, it shall provide a copy of such updated drilling plan Development Plan to Gatherer, but not less frequently than on a calendar quarter basis. (c) Gatherer has previously provided Producer with a copy of its current Gathering System plan describing and/or depicting the Gathering System, including all pipelines, all Receipt Points, Disposal Xxxxx, third party delivery points, and all 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 as of the Effective Date (such plan, as updated as hereinafter provided, the “Gathering System Plan”). Based on the Development Plans and such other information about the expected development of the Dedicated Properties as shall be provided to Gatherer by Producer, Gatherer shall periodically update the Gathering System Plan. Without limiting the generality of the foregoing, Gatherer shall ensure that the Gathering System Plan reflects all Planned CDPs included in each Development Plan not later than 30 Days after such Development Plan is delivered to Gatherer. Gatherer shall provide a copy of the Gathering System Plan to Producer and its representatives from time to time and shall make representatives of Gatherer available to discuss the Gathering System Plan from time to time with Producer and its representatives. Gatherer shall provide Producer updates not less frequently than Monthly on the progress of work on all facilities necessary to connect Planned CDPs to the Gathering System and to provide the Services associated with such Saltwater, as set forth in the then-current Gathering System Plan.

Exchange and Review of Information. (a) The Parties recognize that all information provided by Producer to Gatherer regarding its intentions with respect to the development of the Dedicated Service Area Properties is 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 Gatherer. The exchange of such information and any changes thereto shall not give rise to any rights or liabilities as among between the Parties except as expressly set forth in this Agreement, and Gatherer shall determine at its own risk the time at which it begins to work on and incur costs in connection with particular Gathering System expansion projects, including the acquisition of rights of way, equipment and materials. Without limiting the generality of the foregoing, Producer has no obligation to Gatherer under this Agreement to develop or produce any Saltwater from the Dedicated Service Area Properties or to pursue or complete any drilling or development on the Dedicated Service Area Properties other than the terms specifically stated in this Agreement. (b) Producer agrees to provide to Gatherer, prior to October 15 [***] of each year, copies of a drilling plan for the following calendar yearContract Year, which shall describe the planned drilling and production activities relating to Producer’s Interests in the Dedicated Service Acreage during such year, including good faith and reasonable forecasts of the volume of Dedicated Committed Saltwater expected to be produced through all CDPs Tank Batteries during such year, and including the location of all Planned CDPs Tank Batteries expected to be connected to the Gathering System during such yearyear (specifying any connections required during the immediate next [***] Days after delivery of the Development Plan), and the projected spud date, projected completion date and projected volumes for each New Well that is expected to be completed and to produce through each CDP Tank Battery during such year. Each time Producer materially updates such drilling plan, it shall provide a copy of such updated drilling plan to Gatherer, but not less frequently than on a calendar quarter basis. CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR SUCH INFORMATION HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE INFORMATION HAS BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***].