Expansion of Gathering System; Connection of Xxxxx; Delivery Points. (a) Gatherer shall design and develop the Gathering System for the purpose of providing Services as and when needed to support the upstream development of the Required Connection Xxxxx, and Gatherer shall be obligated, at its sole cost and expense, subject to the provisions of this Agreement, to procure, construct, install, own, and operate the Gathering System so as to timely connect the Required Connection Xxxxx to the Gathering System, connect the Gathering System to Delivery Points, and timely commence providing the full scope of Services, with respect to all Dedicated Gas produced from the Required Connection Xxxxx from and after their completion, all in accordance with this Section 3.3; provided, that the foregoing shall not preclude Gatherer from also designing and developing the Gathering System to accommodate Third Party Gas.
(b) Producer shall from time to time give notice, in the form of Exhibit E hereto (or in such form as the Parties shall otherwise agree from time to time), to Gatherer of each Planned Well that Producer intends to drill and complete that will produce Dedicated Gas (a “Connection Notice”). Each Connection Notice shall set forth the target completion date for drilling and completion and turn-to-sales of such Well (the “Target Completion Date”).
(c) On or before the 30th Day after delivery of a Connection Notice for a Planned Well, Gatherer shall, by notice to Producer, (i) (A) acknowledge that the Planned Well covered by such Connection Notice is a Required Connection Well or (B) acknowledge that such Planned Well is not a Required Connection Well but nonetheless commit to connect such Planned Well to the Gathering System and perform the Services in respect of Dedicated Gas produced from such Planned Well for the Gathering Fee defined in Section 5.1(a) or (ii) state that it has determined that such Planned Well is not a Required Connection Well and state the Gathering Fee that it would charge for connecting such Planned Well to the Gathering System and performing the Services in respect of Dedicated Gas produced from such Planned Well.
(d) If Gatherer delivers the notice referred to in Section 3.3(c)(i) with respect to a Connection Notice for a Planned Well, such Planned Well shall be deemed a Required Connection Well. If Gatherer delivers the notice referred to in Section 3.3(c)(ii) with respect to a Connection Notice for a Planned Well, Producer may, by notice to Gatherer, accept Gatherer’s proposed Gathering Fee, in which ca...
Expansion of Gathering System; Connection of Xxxxx; Delivery Points. (a) New Receipt Points within the Applicable Area. If, at any time following the Effective Date and during the term hereof, Producer desires Gatherer to construct pipelines and facilities to establish any additional new Receipt Point(s) within the Applicable Area that was not subject to a Conflicting Dedication (“Additional Receipt Points”), Producer will deliver to Gatherer written notice (“Additional Connection Notice”) not less than 24 Months prior to the Anticipated Production Date.
(i) The Additional Connection Notice will include the name and planned location of the new Receipt Point, the Anticipated Production Date, the required delivery pressure, the required Delivery Point(s), Producer’s applicable working interest in the planned Xxxxx, the operator, target formation and depth, minimum lateral length, and depth of the planned Xxxxx, the numbers of Xxxxx to be connected (if connecting to a Well Pad), the number of existing Xxxxx, Producer’s twenty-four (24) Month rolling production forecast for the new Receipt Point, the availability of space on the Well Pad for the installation of the applicable Receipt Point and dehydration facilities, and any other information that Gatherer reasonably requests in association with such Additional Receipt Point (collectively, “Connection Notice Information”), provided Gatherer acknowledges that the Connection Notice Information shall be based upon Producer’s reasonable and good faith forecast, which forecast is subject to change in Producer’s sole discretion for which Producer shall have no liability except as expressly set forth hereunder. The Parties shall coordinate and reasonably cooperate with respect to the design, route and size of the facilities (including pipe diameter and dehydration equipment) taking into account Producer’s volume forecasts and required delivery pressure.
(ii) If the Connection Notice Information provided with respect to any Connection Notice meets the Additional Connection Criteria for the Xxxxx to be connected to the proposed Receipt Point, Gatherer will complete construction of all facilities for and establish the Additional Receipt Point(s), at Gatherer’s sole cost and expense, provided however, Gatherer may elect to complete any Additional Receipt Point regardless of whether the Connection Notice Information provided with respect to any Connection Notice meets the Additional Connection Criteria in its sole discretion.
(iii) With respect to Additional Receipt Points that Gatherer el...
Expansion of Gathering System; Connection of Xxxxx; Delivery Points. The reference to “Section 3.3(c)(i)” in Section 3.3(c)(vii)(B) of the Gathering Agreement is hereby deleted and replaced with “Section 3.3(c)(ii)”.
