Future Connectable Xxxxx in Area of Interest. If Shipper owns any right title or interest in Gas that is to be produced from any future Connectable Well in the Area of Interest, Shipper shall at its sole cost and expense construct a Flow Line from such Connectable Well to the Gathering System at a location to be determined by LMM to allow the connection to be made at a point with current or planned capacity sufficient for the expected production while attempting to minimize Shipper’s Flow Line length, but the timing of drilling such future Connectable Well will be within Shipper’s sole discretion. Such Flow Lines shall be the property of the owner of the associated well, and the Flow Lines and related facilities shall be operated and maintained by that owner. Subject to Shipper’s construction of a Flow Line, LMM shall connect the Connectable Xxxxx to the Gathering System at the Receipt Point location agreed to by the parties. If LMM fails to connect such Flow Line to the Gathering System on the later of (i) the Day when the Flow Line is available, (ii) the Day the Flow Line is scheduled for connection as scheduled in the Drilling Plan for such Project as defined in Section 2.6 (or as otherwise reasonably scheduled by Shipper in consultation with LMM if not subject to a Drilling Plan), or (iii) the Day fracturing operations are scheduled to commence as scheduled in the Drilling Plan for such Project as defined in Section 2.6 (or as otherwise reasonably scheduled by Shipper in consultation with LMM if not subject to a Drilling Plan), then LMM shall waive the Gathering Fee for any Gas delivered to the Gathering System from such Flow Line *** Days for each Day that the connection is delayed; provided, however, that should such delay in connection last more than *** Days, then such Connectable Well and all remaining uncompleted xxxxx in the Project will no longer be subject to this Agreement. This Agreement shall be amended to include the Receipt Point at which the Gas associated with each such Connectable Well will be received by LMM, which amendment shall be effective the date the well is connected to the Gathering System.
Appears in 7 contracts
Samples: Gas Gathering Agreement (Atlas Energy, L.P.), Gas Gathering Agreement (Atlas Energy, L.P.), Gas Gathering Agreement (Atlas Resources Series 28-2010 L.P.)