Freshwater Delivery Nominations Clause Samples
Freshwater Delivery Nominations. (a) Producer shall regularly communicate to Seller the dates on which Producer plans to carry out hydraulic fracturing operations on each Well Pad and the requested peak and average volumes of Raw Freshwater and/or Recycled Water to be utilized therewith as Fracwater. Producer shall have the right to nominate, in its sole discretion, the ratio of Raw Freshwater and/or Recycled Water to be delivered at each Delivery Point. Producer shall deliver notice to Seller, not less than [***] Days in advance, specifying the dates on which Seller is to commence deliveries, and the required volumes of, Raw Freshwater and/or Recycled Water at the applicable Delivery Points. Within [***] Days of receipt of Producer’s notice, Seller shall provide an estimate of the volumes of Raw Freshwater and/or Recycled Water available to be delivered to the Delivery Points.
(b) The Parties agree and acknowledge that Producer may (a) use automated valves to allow volumes of Freshwater to be used as Flushwater to enter into Producer’s tanks directly from the Freshwater System and/or (b) nominate or request volumes of Raw Freshwater and/or Recycled Water to be used as Flushwater for delivery by Seller under this Agreement. Producer shall have the right to change its nominations or request for Raw Freshwater and/or Recycled Water to be used as Flushwater at any time and Seller shall use reasonable efforts to accommodate any changes made to Producer’s nominations.
Freshwater Delivery Nominations. (a) Producer shall regularly communicate to Seller the dates on which Producer plans to carry out hydraulic fracturing operations on each Well Pad and the requested peak and average volumes of Freshwater to be utilized therewith as Fracwater. Producer shall deliver notice to Seller, not less than 30 Days in advance, specifying the dates on which Seller is to commence deliveries of Freshwater under this Agreement at the Delivery Points at the CDPs to which such ▇▇▇▇▇ are aggregated. Within seven days of receipt of Producer’s notice, Seller shall provide an estimate of the volumes of Freshwater available to be delivered to the Delivery Points.
(b) The Parties agree and acknowledge that Producer may (a) use automated valves to allow volumes of Freshwater to be used as Flushwater to enter into Producer’s tanks directly from the Freshwater System and/or (b) nominate or request volumes of Freshwater to be used as Flushwater for delivery by Seller under this Agreement. Producer shall have the right to change its nominations or request for Flushwater at any time and Seller shall use reasonable efforts to accommodate any changes made to Producer’s nominations.