Gatherer. Subject to the terms of this Agreement, including Section 18.8, Gatherer shall release, indemnify, defend, and hold harmless Shipper and its Affiliates, directors, officers, employees, agents, consultants, representatives, and invitees from and against all claims and losses arising out of or relating to (i) the operations of Gatherer and (ii) any breach of this agreement by Gatherer.
Gatherer. Subject to the terms of this Agreement, including Article 14 and Section 16.8, Gatherer shall release, indemnify, defend and hold harmless Producer and its Affiliates, directors, managers, officers, employees, agents, consultants, representatives and invitees from and against all claims and losses arising out of or relating to (a) the operations of Gatherer (except to the extent any such claims and losses arise out of the negligence, gross negligence or willful misconduct of any such indemnitee) or (b) any breach of this Agreement by Gatherer.
Gatherer. Subject to the terms of this Agreement, including Article 14 and Section 16.8, Gatherer shall release, indemnify, defend and hold harmless Producer and its Affiliates, directors, officers, employees, agents, consultants, representatives and invitees from and against all claims and losses arising out of or relating to (a) the performance of Services by Gatherer as set forth in this Agreement, (b) any breach of this Agreement by Gatherer, (c) the transportation, treatment and/or disposal of all Produced Water and Saltwater by Gatherer hereunder, or (d) any Saltwater hereunder while in custody, control and possession of Gatherer (excluding any claims and losses to the extent caused by or arising out of the gross negligence or willful misconduct of Producer). CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR SUCH INFORMATION HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE INFORMATION HAS BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***].
Gatherer. The term “Gatherer” shall mean Buyer or Buyer’s designee who delivers gas from the Point(s) of Delivery to the inlet of Buyer’s Processing Plant.
Gatherer. Subject to the terms of this Agreement, including Article 16 and Section 18.8, Gatherer shall release, indemnify, defend and hold harmless Producer and its Affiliates, directors, officers, employees, agents, consultants, representatives and invitees from and against all claims and losses arising out of or relating to (a) the operations of Gatherer, (b) any Gas while in custody, control and possession of Gatherer (excluding any claims and losses to the extent caused by or arising out of the gross negligence or willful misconduct of Producer) or (c) any breach of this Agreement by Gatherer (other than any breach the sole and exclusive remedy of which is set forth in Section 3.3(b).
Gatherer. As defined in the preamble to this Agreement
Gatherer. Subject to Producer’s delivery of Produced Water that conforms to the specifications set forth on Exhibit D, attached hereto and made a part hereof, at and after delivery by Producer to Gatherer of Produced Water at the Produced Water Receipt Points, Gatherer shall be deemed to be in exclusive control and custody thereof and shall be responsible for, and shall indemnify and hold harmless Producer and its Affiliates from and against, any claims relating to, or arising out of, any injury or damage caused thereby. Prior to delivery by Gatherer to Producer of Fresh Water at the Fresh Water Receipt Points, Gatherer shall be deemed to be in exclusive control and custody thereof and shall be responsible for, and shall indemnify and hold harmless Producer and its Affiliates from and against, any claims relating to, or arising out of, any injury or damage caused thereby.
Gatherer. Subject to the terms of this Agreement, including, without limitation, Section 21.10 of this Agreement, Gatherer shall indemnify, defend, and hold harmless the Shipper Indemnified Parties from and against all Claims and Losses arising out of or relating to (i) the operations conducted hereunder or in connection herewith by Gatherer to the extent resulting from the negligence, gross negligence, or willful misconduct of Gatherer, except to the extent such Claims or Losses are attributable to the negligence, gross negligence, or willful misconduct of any of the Shipper Indemnified Parties, (ii) any breach of this Agreement by Gatherer, and (iii) a breach by Gatherer under this Agreement that results in the non-performance by Gatherer of substantially all of its obligations thereunder, including a rejection of this Agreement under any bankruptcy case or similar proceeding under any applicable federal, state or other law. To secure the obligation of Gatherer to pay under and perform the indemnity provided in Section 17.1(iii) (the “Gatherer Secured Obligations”), Gatherer (i) grants, bargains, sells, assigns, mortgages, transfers, and conveys unto Xxxxxxx Xxxxxx, as trustee for the benefit of the Shipper Indemnified Persons (the “Shipper Trustee”), the Assets (as defined in the Gathering Agreement) and all proceeds, products, renewals, increases, profits, substitutions, replacements, additions, amendments, appurtenances and accessions of the Assets (the “Shipper Collateral”), to have and to hold the Shipper Collateral unto the Shipper Trustee and his successors or substitutes in this trust forever, and (ii) grants to Shipper, for the benefit of the Shipper Indemnified Persons, a security interest in all of Gatherer’s right, title and interest, now existing or hereafter arising, in the Shipper Collateral. Upon the failure of Gatherer to timely pay or perform any Gatherer Secured Obligation, the Shipper Trustee shall have the right and power to sell, as the Shipper Trustee may elect, all or a portion of the Shipper Collateral at one or more sales, as an entirety or in parcels, in accordance with Section 51.002 of the Texas Property Code. Gatherer hereby designates as Gatherer’s address for the purpose of notice the address set forth in Article 14. Any purchaser or purchasers will be provided with a general warranty conveyance binding Gatherer and Gatherer’s successors and assigns. Sale of part of the Shipper Collateral will not exhaust the power of sale, and sale...
Gatherer. Cowtown Pipeline Partners L.P., a Texas limited partnership By: Quicksilver Gas Services Operating GP LLC, its general partner By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx President and Chief Executive Officer
Gatherer. Gatherer, at its cost and expense, and with deductibles for its own account, shall secure and maintain at all times during the term of this Agreement, with insurance companies authorized to do business in the State of Texas, Insurance Policies with the types of coverage and the policy limits set forth for such policies in Exhibit D. Gatherer shall also be responsible for all costs and expenses incurred by Operator in connection with providing all surety bonds (if any) required by any Governmental Entity in connection with Gatherer’s Systems or the performance of Pipeline Operations.
