Common use of Expansion of Gathering System and Connection of Well Pads Clause in Contracts

Expansion of Gathering System and Connection of Well Pads. (a) Gatherer shall, at its sole cost and expense, design, construct and operate and use its commercially reasonable efforts to optimize the Gathering System for the purpose of providing Gathering Services as and when needed to timely support the upstream development of the Dedicated Properties and production of the Dedicated Production, all in accordance with this Section 3.2. (b) Subject to Section 3.3, Gatherer shall by the later of the applicable Target On-Line Date and the date that the first Planned Well on a particular Planned Well Pad is ready for connection to the Gathering System (as may be extended pursuant to Section 3.2(c), the “On-Line Deadline”), (i) have completed or caused the completion of the construction, in accordance with the then current approved Gathering System Plan, or the necessary facilities (A) to connect each Planned Well Pad and Planned Xxxxx to the Gathering System and (B) to connect the Gathering System to each planned Delivery Point for such Planned Well Pad and Planned Xxxxx and (ii) be ready and able to commence Gathering Services with respect to Dedicated Production from each Planned Well on the Planned Well Pad. (c) If and to the extent Gatherer is delayed in completing any such facilities or providing such services by a Force Majeure event, then the On-Line Deadline applicable thereto shall be extended for a period of time equal to that during which such obligations of Gatherer was delayed by such events; provided, however, that in the event of a Force Majeure described in sections (a) through (l) of the definition of Force Majeure such adjustment shall not exceed 180 Days. (d) If Gatherer fails to connect any such Planned Well or Planned Well Pad to the Gathering System and/or is not ready or is unable to provide Gathering Services for such Planned Well Pad and Planned Xxxxx, in each case, on or before the applicable On-Line Deadline, then, subject to Shipper’s rights under Section 2.6(a)(ii) and Section 2.6(a)(iii), (i) Shipper (or CNX, where exercising any similar right under the CNX Agreement) shall have the right (but not the obligation) to complete those uncompleted facilities and forward invoices such Person receives with respect to such work to Gatherer for immediate payment and Gatherer will pay Shipper (or CNX (as applicable) or reimburse to Shipper or CNX (as applicable), if already paid by such Person, such invoices within two Business Days of Gatherer’s receipt of any such invoice and (ii) upon the commencement of the Gathering Services by Gatherer with respect to the Delayed Planned Xxxxx the Fee for such Delayed Planned Xxxxx will be zero for a number of Days equal to the number of Delayed Connection Days. For the avoidance of doubt, the reduction of the Fee and the right to complete those uncompleted facilities as set forth in this Section 3.2(d) shall be Shipper’s only remedy with respect to such Delayed Planned Xxxxx.

Expansion of Gathering System and Connection of Well Pads. (a) Gatherer shall, at its sole cost and expense, design, construct and operate and use its commercially reasonable efforts to optimize the Gathering System for the purpose of providing Gathering Services as and when needed to timely support the upstream development of the Dedicated Properties Properties, and production of the Dedicated Production, all in accordance with this Section 3.2. (b) Subject to Section 3.3, Gatherer shall by the later of the applicable Target On-Line Date and the date that the first Planned Well on a particular Planned Well Pad is ready for connection to the Gathering System (as may be extended pursuant to Section 3.2(c), the “On-Line Deadline”), (i) have completed or caused the completion of the construction, in accordance with the then current approved Gathering System Plan, or of the necessary facilities (A) to connect each Planned Well Pad and Planned Xxxxx to the Gathering System and (B) to connect the Gathering System to each planned Delivery Point for such Planned Well Pad and Planned Xxxxx and (ii) be ready and able to commence Gathering Services with respect to Dedicated Production from each Planned Well on the Planned Well Pad. (c) If and to the extent Gatherer is delayed in completing any such facilities or providing such services by a Force Majeure event, then the On-Line Deadline applicable thereto shall be extended for a period of time equal to that during which such obligations of Gatherer was delayed by such events; provided, however, that in the event of a Force Majeure described in sections (a) through (l) of the definition of Force Majeure such adjustment shall not exceed 180 Days. (d) If Except as provided in Section 3.1(f), if Gatherer fails to connect any such Planned Well or Planned Well Pad to the Gathering System and/or is not ready or is unable to provide Gathering Services for such Planned Well Pad and Planned Xxxxx, in each case, on or before the applicable On-Line Deadline, then, subject to Shipper’s rights under Section 2.6(a)(ii) and Section 2.6(a)(iii), (i) Shipper (or CNX, where exercising any similar right under the CNX Agreement) shall have the right (but not the obligation) to complete those uncompleted facilities and forward invoices such Person receives with respect to such work to Gatherer for immediate payment and Gatherer will pay Shipper (or CNX (as applicable) or reimburse to Shipper or CNX (as applicable)Shipper, if already paid by such Person, such invoices within two Business Days of Gatherer’s receipt of any such invoice and (ii) upon the commencement of the Gathering Services by Gatherer with respect to the Delayed Planned Xxxxx the Fee for such Delayed Planned Xxxxx will be zero for a number of Days equal to the number of Delayed Connection Days. For the avoidance of doubt, Shipper may elect either (A) the reduction of the Fee and the right to complete those uncompleted facilities as set forth in this Section 3.2(d) shall be Shipper’s only or (B) the release under Section 2.6(a)(ii), Section 2.6(a)(iii), and Section 2.6(c) and no other remedy with respect to such Delayed Planned XxxxxXxxxx shall be available to Shipper.

Expansion of Gathering System and Connection of Well Pads. (a) Gatherer shall, at its sole cost and expense, design, construct and operate and use its commercially reasonable efforts to optimize the Gathering System for the purpose of providing Gathering Services as and when needed to timely support the upstream development of the Dedicated Properties and production of the Dedicated Production, all in accordance with this Section 3.2. (b) Subject to Section 3.3, Gatherer shall by the later of the applicable Target On-Line Date and the date that the first Planned Well on a particular Planned Well Pad is ready for connection to the Gathering System (as may be extended pursuant to Section 3.2(c), the “On-Line Deadline”), (i) have completed or caused the completion of the construction, in accordance with the then current approved Gathering System Plan, or the necessary facilities (A) to connect each Planned Well Pad and Planned Xxxxx to the Gathering System and (B) to connect the Gathering System to each planned Delivery Point for such Planned Well Pad and Planned Xxxxx and (ii) be ready and able to commence Gathering Services with respect to Dedicated Production from each Planned Well on the Planned Well Pad. (c) If and to the extent Gatherer is delayed in completing any such facilities or providing such services by a Force Majeure event, then the On-Line Deadline applicable thereto shall be extended for a period of time equal to that during which such obligations of Gatherer was delayed by such events; provided, however, that in the event of a Force Majeure described in sections (a) through (l) of the definition of Force Majeure such adjustment shall not exceed 180 Days. (d) If Gatherer fails to connect any such Planned Well or Planned Well Pad to the Gathering System and/or is not ready or is unable to provide Gathering Services for such Planned Well Pad and Planned Xxxxx, in each case, on or before the applicable On-Line Deadline, then, subject to Shipper’s rights under Section 2.6(a)(ii) and Section 2.6(a)(iii), (i) Shipper (or CNXNoble, where exercising any similar right under the CNX Noble Agreement) shall have the right (but not the obligation) to complete those uncompleted facilities and forward invoices such Person receives with respect to such work to Gatherer for immediate payment and Gatherer will pay Shipper (or CNX Noble (as applicable) or reimburse to Shipper or CNX Noble (as applicable), if already paid by such Person, such invoices within two Business Days of Gatherer’s receipt of any such invoice and (ii) upon the commencement of the Gathering Services by Gatherer with respect to the Delayed Planned Xxxxx the Fee for such Delayed Planned Xxxxx will be zero for a number of Days equal to the number of Delayed Connection Days. For the avoidance of doubt, the reduction of the Fee and the right to complete those uncompleted facilities as set forth in this Section 3.2(d) shall be Shipper’s only remedy with respect to such Delayed Planned Xxxxx.