Gathering. 7.7.1 Yale First Nation has the right to gather Plants for Domestic Purposes in the Gathering Area in accordance with this Agreement.
7.7.2 The Yale First Nation Right to Gather Plants is limited by measures necessary for conservation, public health or public safety.
7.7.3 Yale First Nation may not dispose of the Yale First Nation Right to Gather Plants.
7.7.4 All Yale First Nation Members may exercise the Yale First Nation Right to Gather Plants, except as otherwise provided under Yale First Nation Law.
7.7.5 British Columbia may authorize uses of or dispose of provincial Crown land and any such authorized use or disposition may affect the methods, times and locations of gathering of Plants under this Agreement, provided that British Columbia ensures that those authorized uses and dispositions do not deny Yale First Nation the reasonable opportunity to gather Plants under the Yale First Nation Right to Gather Plants.
7.7.6 For the purposes of 7.7.5, British Columbia and Yale First Nation will negotiate and attempt to reach agreement by the Effective Date on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on Yale First Nation’s reasonable opportunity to gather Plants.
7.7.7 Yale First Nation will exercise the Yale First Nation Right to Gather Plants in a manner that does not interfere with other authorized uses and dispositions of provincial Crown land existing as of the Effective Date, or authorized in accordance with 7.7.5.
7.7.8 In the Gathering Area, the use of resources on provincial Crown land for purposes reasonably incidental to the exercise of the Yale First Nation Right to Gather Plants is subject to Federal and Provincial Law.
7.7.9 The Minister may, for conservation, public health or public safety reasons, require Yale First Nation to prepare a Gathering Plan.
7.7.10 If the Minister requires a Gathering Plan under 7.7.9, that Gathering Plan will include:
a. gathering locations;
b. times of gathering; and
c. the Plants intended to be gathered.
7.7.11 A Gathering Plan, or any proposed amendments to an approved Gathering Plan, will be submitted by Yale First Nation to the Minister for approval.
7.7.12 Yale First Nation will exercise the Yale First Nation Right to Gather Plants in accordance with any approved Gathering Plan or Provincial Protected Area management plan.
7.7.13 Yale First Nation Members are not required to have federal or provincial licences or pay fees or royalties to Canada or British C...
Gathering. Section 4.1 of the Base Contract shall be amended in its entirety as follows: “Seller shall have sole responsibility for transporting gas to the Receipt Points. Buyer shall cause Seller’s gas to be received at the Receipt Points and shall cause Seller’s gas to be gathered and redelivered to the Delivery Points. Seller shall bear line loss, dehydration fuel, and applicable compression fuel which may occur or be necessary to accomplish the gathering of Seller’s Gas from the Receipt Points to the Delivery Points, other than any extraordinary line losses retained by the Gathering System operator under the Gathering Agreement. Line loss (or gain), dehydration fuel, and applicable compression fuel shall be measured for each Month as the difference between the total volume of Gas received by the Gathering System from all shippers at the Receipt Points less the total volume of Gas delivered by the Gathering System operator on behalf of all shippers to the Delivery Points and then allocated by Buyer to Seller’s Gas at each Delivery Point. Seller shall retain the right to process its Gas delivered hereunder in the Rogersville Plant for the extraction of natural gas liquids under the terms of the Processing Agreement. The quantity (in MMBtu’s) of Seller’s Gas purchased hereunder by Buyer at the Delivery Points (which shall exclude the Existing Contracts Volume) shall be deemed to be equal to the sum of (in MMBtu’s) (i) for Seller’s Gas processed in the Rogersville Plant, the quantity of residue gas remaining at the tailgate of the Rogersville Plant as measured under the Processing Agreement and (ii) for Seller’s Gas delivered to other Delivery Points, the quantity of Seller’s Gas sold and measured under the Gas Sales Contracts under which Buyer resells such Gas at such Delivery Points. Seller grants to Buyer and its Affiliates or designees the right to monitor the receipt and delivery point meters constituting a portion of the Gathering System for purposes of verifying compliance with this Agreement and the Gathering Agreement, and, if the Seller or its Affiliate fail to take any meter readings and measurements when and as required under this Agreement or the Gathering Agreement, Seller, on behalf of itself and its Affiliates, authorizes Buyer or any Buyer Affiliate or designee to take such required meter readings and measurements.”
Gathering. Gatherer shall: (i) accept all Gathered Substances meeting the Quality Specifications and (unless otherwise agreed by Gatherer in writing) not exceeding the Maximum Daily Guaranteed Capacity delivered by Shipper or its Third Party Designees to the Receipt Points; (ii) gather the Gathered Substances from the Receipt Points to the Central Gathering Facilities; (iii) separate the Gathered Substances into Condensate, Gas and Produced Water; and (iv) deliver the separated Condensate, Gas and Produced Water to Shipper at the applicable Delivery Points, subject to the terms and conditions hereof. Gatherer shall not accept or transport any gas, condensate, produced waters or other substances into the Liquids Gathering System for any party other than Shipper and any Third Party Designee (as defined below) of Shipper.
Gathering. Tribal Members may harvest Shellfish so long as:
Gathering will review, and evaluate design information relative to the written DSR for each location that the County of Santa via FEMA have developed.. This includes any survey information, drainage studies, roadway alignment studies, geotechnical and studies, hydrology/hydraulic studies, and indicated repair plan:
Gathering. Subject to the terms and conditions of this Agreement, and Producer's delivery of all of Producer's Water within the Area of Dedication to Gatherer at the Receipt Points, Gatherer shall receive at the Receipt Points, gather, and deliver Producer's Water at the Delivery Points. Delivery of Producer 's Water to a specific Delivery Point will be at Gatherer's sole option and discretion.
Gathering. Tribal Members may gather clams so long as:
Gathering. 2.1 Upon the execution hereof, Gatherer shall proceed with due diligence to make available and to have operational all of the facilities necessary to perform the services contemplated hereunder. In the event that said facilities are not available and operational within one hundred and twenty (120) days following the date first hereinabove written (said one hundred and twenty day period to be extended for periods of delay due to events of force majeure as defined in Article XII), Producer shall have the right to terminate this Agreement in accordance with the procedures and subject to the conditions hereinafter set forth.
a. Producer’s right of termination shall be effected by giving to Gatherer not less than ninety days written notice of Producer’s intent to terminate this Agreement. Said written notice shall be served upon Gatherer after the expiration of the above-referenced 120-day period (as such period may be extended by reasons of force majeure).
b. Gatherer shall have a period of ninety days (such ninety day period to be extended during periods of delay due to events of force majeure as defined in Article XII) (such period to be hereinafter referred to as the “Notice Period”) following Gatherer’s receipt of Producer’s written notice to make available and operational all facilities necessary to perform the services contemplated hereunder. Should Gatherer have such facilities available and operational prior to the expiration of the Notice Period, as such period may be extended by force majeure, then this Agreement shall not terminate but shall continue in full force and effect in accordance with its terms.
c. Notwithstanding the provisions of subparagraph b above, in the event that the facilities are not available and operational upon the expiration of the Notice Period, Gatherer shall have the right, but not the obligation, to extend the period of time allowed to have the facilities available and operational beyond the Notice Period by serving written notice upon Producer on or before the last day of the Notice Period of Gatherer’s intent to continue to proceed under this Agreement. In the event that Gatherer makes such election, and serves written notice upon Producer as herein provided, Gatherer shall pay to Producer a penalty of five hundred dollars ($500.00) per day for each day of such extension until the earlier of: (i) the date upon which such facilities become available and operational, or (ii) the date upon which Gatherer serves a subsequent...
Gathering. Subject to the terms and conditions of this Agreement, Gatherer shall receive at the Receipt Points and gather Producer's Gas utilizing Gatherer's Gas System, up to Producer's Capacity, and redeliver an equivalent Thermal Content quantity of Gas, less Fuel, Field Condensate, and Lost and Unaccounted for Gas, to Producer or its designee at the Delivery Points in consideration of Producer's payment of the Gas Gathering Fees provided on Exhibit "E". To the extent of available capacity, Gatherer also agrees to receive and gather any of Producer 's Gas in excess of Producer's Capacity and Other Owner Gas on an interruptible basis and to redeliver to Producer or its designee the equivalent Thermal Content quantity of such Gas, less Fuel, Field Condensate, and Lost and Unaccounted for Gas to Producer or its designee at the Delivery Points in consideration of Producer's payment of the Gas Gathering Fees provided on Exhibit "E" for such Producer's Gas and Other Owner Gas. For purposes of Thermal Content determination under this Agreement, Gas will be measured by Gatherer using an ABB Flow Totalizer with volumes adjusted for gas composition and reported in Btus. Gas sample analysis will be made at least quarterly and analysis results will be the composition basis for the period.
Gathering. Subject to the Letter Agreement dated February 26, 2010, which is hereby incorporated by reference and attached as Schedule 5, Producer shall otherwise remit to Gatherer the remaining amount due under Section 9.1, in immediately available funds, by the 25th Day of each Month or 10 Days from the date of Gatherer’s invoice, whichever is later. If such due date is not a Business Day, payment is due on the next Business Day following such date.
