Exclusion from Dedication Clause Samples
The Exclusion from Dedication clause defines which parts of a work or intellectual property are not included in a public dedication or open license. In practice, this clause specifies certain materials, such as trademarks, logos, or third-party content, that remain under the owner's control and are not released for public use, even if the rest of the work is. Its core function is to protect specific rights or assets from being unintentionally given away, ensuring that the owner retains control over designated elements while allowing broader use of the remaining work.
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Exclusion from Dedication. (a) The Dedication does not include any Crude Oil that has previously been dedicated to another pipeline or market prior to the Effective Date (or in the case of subsequently acquired interests, prior to the date of such acquisition) (the “Prior Dedication”). Shipper shall not extend marketing or transportation agreements governing Crude Oil subject to a Prior Dedication(s) beyond the end of the longest primary contract term associated with the transportation and/or marketing of that particular Crude Oil. Upon termination of such agreements, all Crude Oil subject to the Prior Dedication(s) shall be deemed part of Shipper’s Dedication hereunder for the remaining Term of this Agreement.
(b) If Shipper transfers any right, title, or interest in the Dedication, such transfer shall be made subject to this Agreement and any such transfer shall not impair the Dedication herein to Gatherer. Shipper shall notify Gatherer of any such transfer within ten (10) Business Days of the effective date thereof. Shipper shall notify in writing any transferee that such acreage remains dedicated to Gatherer pursuant to this Agreement and Shipper shall ensure that any such transfer is accompanied with appropriate contractual language requiring the transferee to deliver Crude Oil subject to the Dedication to Gatherer during the Term of and in accordance with this Agreement. Any such transfer or Shipper’s failure to notify Gatherer thereof shall not impair Gatherer’s rights under this Agreement as against Shipper; provided that Gatherer shall release and waive any rights under this Agreement it may have against Shipper if and to the extent the transferee enters into an agreement with Gatherer on substantially the same terms as those provided herein in respect of the transferred rights, title or interest in Crude Oil subject to the Dedication.
(c) If Shipper transfers any right, title, or interest in some, but not all of the Dedication, in addition to the requirements set forth above, any right, title, or interest retained by Shipper shall remain subject to this Agreement and the Dedication, and Shipper’s fees under Article V, shall not be affected by the transfer. All of Shipper’s right, title, or interest in Crude Oil subject to the Dedication will continue to be subject to the Dedication and the fees in Article V will remain unchanged.
(d) In addition to the audit rights of the Parties in Section 9.4, on thirty (30) Days prior written Notice, Gatherer shall have the right at its...