Common use of Governmental Action Clause in Contracts

Governmental Action. In the event any Governmental Authority issues an order requiring Provider to allocate capacity on the TGP System to another customer, Provider shall do so by (a) first, reducing Hydrocarbons entitled to Interruptible Service, (b) second, reducing Hydrocarbons entitled to Firm Service, and shall only curtail Hydrocarbons entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons entitled to Anchor Customer Firm Service, and shall only curtail Hydrocarbons entitled to Anchor Customer Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service and Firm Service. In such event Provider shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer in connection with or resulting from any such curtailment; provided, however, that Provider shall, at Customer’s request, temporarily release from the dedication under this Agreement all of Customer’s volumes of Dedicated Production TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring Provider to allocate capacity on the TGP System to a customer other than Customer, Provider agrees to use its commercially reasonable efforts to cooperate with, and support, Customer in such actions that Customer may in good faith take against such Governmental Authority and/or order; provided, however, that Provider shall not be required to cooperate in any such undertaking that Provider, in its good faith opinion, believes would materially and adversely affect Provider or the TGP System.

Appears in 2 contracts

Samples: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP), Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

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Governmental Action. In the event any Governmental Authority issues an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to another customershipper, Provider Gatherer shall do so by (a) first, reducing Hydrocarbons Gas and/or Injected Liquids, as applicable, entitled to Interruptible Service, (b) second, reducing Hydrocarbons Gas and/or Injected Liquids, as applicable, entitled to Firm Service, and shall only curtail Hydrocarbons receipts of Gas and/or Injected Liquids, as applicable, entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons Gas entitled to Anchor Customer Shipper Firm Service, and shall only curtail Hydrocarbons receipts of Gas entitled to Anchor Customer Shipper Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service and Firm Service. In such event Provider Gatherer shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer Shipper in connection with or resulting from any such curtailment; provided, however, that Provider Gatherer shall, at CustomerShipper’s request, temporarily release from the dedication under this Agreement all of CustomerShipper’s volumes of Dedicated Production TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to a customer shipper other than CustomerShipper, Provider Gatherer agrees to use its commercially reasonable efforts to cooperate with, and support, Customer Shipper in such actions that Customer Shipper may in good faith take against such Governmental Authority and/or order; provided, however, that Provider Gatherer shall not be required to cooperate in any such undertaking that ProviderGatherer, in its good faith opinion, believes would materially and adversely affect Provider Gatherer or the TGP Gathering System.

Appears in 2 contracts

Samples: Gas Gathering Agreement (Hess Midstream Partners LP), Gas Gathering Agreement (Hess Midstream Partners LP)

Governmental Action. In the event any Governmental Authority issues an order requiring Provider to allocate capacity on the TGP Terminals System and/or Provider Tank Cars to another customer, Provider shall do so by (a) first, reducing Hydrocarbons entitled to Interruptible Service, (b) second, reducing Hydrocarbons entitled to Firm Service, and shall only curtail receipts of Hydrocarbons entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons entitled to Anchor Customer Firm Service, and shall only curtail receipts of Hydrocarbons entitled to Anchor Customer Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service and Firm Service. In such event Provider shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer in connection with or resulting from any such curtailment; provided, however, that Provider shall, at Customer’s request, temporarily release from the dedication under this Agreement all of Customer’s volumes of Dedicated Production Crude Oil. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring Provider to allocate capacity on the Terminals System to a customer other than Customer, Provider agrees to use its commercially reasonable efforts to cooperate with, and support, Customer in such actions that Customer may in good faith TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring Provider to allocate capacity on the TGP System to a customer other than Customer, Provider agrees to use its commercially reasonable efforts to cooperate with, and support, Customer in such actions that Customer may in good faith take against such Governmental Authority and/or order; provided, however, that Provider shall not be required to cooperate in any such undertaking that Provider, in its good faith opinion, believes would materially and adversely affect Provider or the TGP Terminals System.

Appears in 2 contracts

Samples: Terminal and Export Services Agreement (Hess Midstream Partners LP), Terminal and Export Services Agreement (Hess Midstream Partners LP)

Governmental Action. In the event any Governmental Authority issues an order requiring Provider to allocate capacity on the TGP System to another customer, Provider shall do so by (a) first, reducing Hydrocarbons entitled to Interruptible Service, (b) second, reducing Hydrocarbons entitled to Firm Service, and shall only curtail Hydrocarbons entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons entitled to Anchor Customer Firm Service, and shall only curtail Hydrocarbons entitled to Anchor Customer Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service and Firm Service. In such event Provider shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer in connection with or resulting from any such curtailment; provided, however, that Provider shall, at Customer’s request, temporarily release from the dedication under this Agreement all of Customer’s volumes of Dedicated Production TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring Provider to allocate capacity on the TGP System to a customer other than Customer, Provider agrees to use its commercially reasonable efforts to cooperate with, and support, Customer in such actions that Customer may in good faith take against such Governmental Authority and/or order; provided, however, that Provider shall not be required to cooperate in any such undertaking that Provider, in its good faith opinion, believes would materially and adversely affect Provider or the TGP System. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 2 contracts

Samples: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP), Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

Governmental Action. In the event any Governmental Authority issues an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to another customershipper, Provider Gatherer shall do so by (a) first, reducing Hydrocarbons Crude Oil entitled to Interruptible Service, (b) second, reducing Hydrocarbons Crude Oil entitled to Firm Service, and shall only curtail Hydrocarbons receipts of Crude Oil entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons Crude Oil entitled to Anchor Customer Shipper Firm Service, and shall only curtail Hydrocarbons receipts of Crude Oil entitled to Anchor Customer Shipper Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service and Firm Service. In such event Provider Gatherer shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer Shipper in connection with or resulting from any such curtailment; provided, however, that Provider Gatherer shall, at CustomerShipper’s request, temporarily release from the dedication under this Agreement all of CustomerShipper’s volumes of Dedicated Production interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to a customer shipper other than CustomerShipper, Provider Gatherer agrees to use its commercially reasonable efforts to cooperate with, and support, Customer Shipper in such actions that Customer Shipper may in good faith take against such Governmental Authority and/or order; provided, however, that Provider Gatherer shall not be required to cooperate in any such undertaking that ProviderGatherer, in its good faith opinion, believes would materially and adversely affect Provider Gatherer or the TGP Gathering System.

Appears in 2 contracts

Samples: Crude Oil Gathering Agreement (Hess Midstream Partners LP), Crude Oil Gathering Agreement (Hess Midstream Partners LP)

Governmental Action. In the event any Governmental Authority issues an order requiring the Provider Group to allocate capacity on any portion of the TGP Xxxxxx System (including any Plant System) to another customer, the Provider Group shall do so by (a) first, reducing Hydrocarbons entitled to Interruptible Service, (b) second, reducing Hydrocarbons TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). entitled to Firm Service, and shall only curtail Hydrocarbons entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons entitled to Anchor Customer Firm Service, and shall only curtail Hydrocarbons entitled to Anchor Customer Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service and Firm Service. In such event Provider shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer in connection with or resulting from any such curtailment; provided, however, that Provider shall, at Customer’s request, temporarily release from the dedication under this Agreement all of Customer’s volumes of Dedicated Production TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring the Provider Group to allocate capacity on any portion of the TGP Xxxxxx System (including any Plant System) to a customer other than CustomerCustomer (i) but (A) such mandated allocation does not affect all Plant Systems, and (B) sufficient capacity exists on the non-affected Plant System(s) to service the curtailed volumes, then Provider shall be entitled to provide such System Services to Customer hereunder on such other Plant System(s) and Customer shall not be entitled to any release from dedication or other remedies hereunder with respect to such curtailment, and (ii) Provider agrees to use its commercially reasonable efforts to cooperate with, and support, Customer in such actions that Customer may in good faith take against such Governmental Authority and/or order; provided, however, that Provider and its subsidiaries shall not be required to cooperate in any such undertaking that Provider, in its good faith opinion, believes would materially and adversely affect the Provider Group or the TGP any Plant System.

Appears in 1 contract

Samples: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

Governmental Action. In The Parties intend and agree that all Gathering Services (other than the delivery of Fuel Gas) on each Individual System with respect to Dedicated Production provided to Shipper shall be provided with the priority specified in Section 4.1, and that Shipper (pro rata, using the same methodology as set forth in Section 1.7 of Exhibit A, with any other shipper on the applicable Individual System granted Priority One Service and/or Priority Two Service, as applicable) has the first priority call upon the capacity of the Gathering System for service to Shipper for its Dedicated Production for the Term. Notwithstanding the foregoing, in the event any Governmental Authority issues an order requiring Provider Gatherer to allocate capacity on the TGP System to another customershipper contrary to the above, Provider shall Gatherer shall, to the extent permitted to do so by (a) firstsuch Governmental Authority, do so by first reducing Hydrocarbons all Gas and, to the extent applicable, Liquid Condensate entitled to Interruptible Service, (b) second, reducing Hydrocarbons entitled to Firm Priority Two Service, and shall only curtail Hydrocarbons receipts of Gas and Liquid Condensate entitled to Firm Priority One Service (which curtailment shall be done using the same methodology as set forth in accordance with Section 8.51.7 of Exhibit A) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Gathering Services on an Interruptible Service, Basis and (c) third, reducing Hydrocarbons entitled to Anchor Customer Firm Service, and shall only curtail Hydrocarbons entitled to Anchor Customer Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service and Firm Priority Two Service. In such event Provider Gatherer shall not be in breach or default of its obligations under the this Agreement and shall have no liability to Customer Shipper in connection with or resulting from any such curtailment; provided, however, that Provider Gatherer shall, at CustomerShipper’s request, temporarily release from the dedication under this Agreement all of CustomerShipper’s volumes of Dedicated Production TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring Provider to allocate capacity on the TGP System to a customer other than Customer, Provider agrees to use its commercially reasonable efforts to cooperate with, and support, Customer in such actions that Customer may in good faith take against allocation until Gatherer is permitted by such Governmental Authority and/or order; provided, however, that Provider shall not be required to cooperate in any take all such undertaking that Provider, in its good faith opinion, believes would materially and adversely affect Provider or the TGP Systemvolumes of Shipper.

Appears in 1 contract

Samples: Gathering Agreement (CNX Midstream Partners LP)

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Governmental Action. In the event any Governmental Authority issues an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to another customershipper, Provider Gatherer shall do so by (a) first, reducing Hydrocarbons Gas and/or Injected Liquids, as applicable, entitled to Interruptible Service, (b) second, reducing Hydrocarbons Gas and/or Injected Liquids, as applicable, entitled to Firm Service, and shall only curtail Hydrocarbons receipts of Gas and/or Injected Liquids, as applicable, entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons Gas entitled to Anchor Customer Shipper Firm Service, and shall only curtail Hydrocarbons receipts of Gas entitled to Anchor Customer Shipper Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service and Firm Service. In such event Provider shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer in connection with or resulting from any such curtailment; provided, however, that Provider shall, at Customer’s request, temporarily release from the dedication under this Agreement all of Customer’s volumes of Dedicated Production TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including Gatherer shall not be in breach or default of its obligations under the Agreement and shall have no liability to Shipper in connection with or resulting Customer Residue Gas and Customer NGLs) from any such curtailment; provided, however, that Gatherer shall, at Shipper’s request, temporarily release from the dedication under this Agreement all of Shipper’s volumes of Dedicated Production interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to a customer shipper other than CustomerShipper, Provider Gatherer agrees to use its commercially reasonable efforts to cooperate with, and support, Customer Shipper in such actions that Customer Shipper may in good faith take against such Governmental Authority and/or order; provided, however, that Provider Gatherer shall not be required to cooperate in any such undertaking that ProviderGatherer, in its good faith opinion, believes would materially and adversely affect Provider Gatherer or the TGP Gathering System.

Appears in 1 contract

Samples: Gas Gathering Agreement (Hess Midstream Partners LP)

Governmental Action. In the event any Governmental Authority issues an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to another customershipper, Provider Gatherer shall do so by (a) first, reducing Hydrocarbons Crude Oil entitled to Interruptible Service, (b) second, reducing Hydrocarbons Crude Oil entitled to Firm Service, and shall only curtail Hydrocarbons receipts of Crude Oil entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons Crude Oil entitled to Anchor Customer Shipper Firm Service, and shall only curtail Hydrocarbons receipts of Crude Oil entitled to Anchor Customer Shipper Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service and Firm Service. In such event Provider Gatherer shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer Shipper in connection with or resulting from any such curtailment; provided, however, that Provider Gatherer shall, at Customer’s Shipper's request, temporarily release from the dedication under this Agreement all of Customer’s Shipper's volumes of Dedicated Production TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. the foregoing, should any Governmental Authority issue an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to a customer shipper other than CustomerShipper, Provider Xxxxxxxx agrees to use its commercially reasonable efforts to cooperate with, and support, Customer Shipper in such actions that Customer Shipper may in good faith take against such Governmental Authority and/or order; provided, however, that Provider Gatherer shall not be required to cooperate in any such undertaking that ProviderGatherer, in its good faith opinion, believes would materially and adversely affect Provider Gatherer or the TGP Gathering System.

Appears in 1 contract

Samples: Crude Oil Gathering Agreement (Hess Midstream LP)

Governmental Action. In the event any Governmental Authority issues an order requiring the Provider Group to allocate capacity on any portion of the TGP Xxxxxx System (including any Plant System) to another customer, the Provider Group shall do so by (a) first, reducing Hydrocarbons entitled to Interruptible Service, (b) second, reducing Hydrocarbons CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. entitled to Firm Service, and shall only curtail Hydrocarbons entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons entitled to Anchor Customer Firm Service, and shall only curtail Hydrocarbons entitled to Anchor Customer Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customer, after complete curtailment of Interruptible Service and Firm Service. In such event Provider shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer in connection with or resulting from any such curtailment; provided, however, that Provider shall, at Customer’s 's request, temporarily release from the dedication under this Agreement all of Customer’s 's volumes of Dedicated Production TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring the Provider Group to allocate capacity on any portion of the TGP Xxxxxx System (including any Plant System) to a customer other than CustomerCustomer (i) but (A) such mandated allocation does not affect all Plant Systems, and (B) sufficient capacity exists on the non-affected Plant System(s) to service the curtailed volumes, then Provider shall be entitled to provide such System Services to Customer hereunder on such other Plant System(s) and Customer shall not be entitled to any release from dedication or other remedies hereunder with respect to such curtailment, and (ii) Provider agrees to use its commercially reasonable efforts to cooperate with, and support, Customer in such actions that Customer may in good faith take against such Governmental Authority and/or order; provided, however, that Provider and its subsidiaries shall not be required to cooperate in any such undertaking that Provider, in its good faith opinion, believes would materially and adversely affect the Provider Group or the TGP any Plant System.

Appears in 1 contract

Samples: Gas Processing and Fractionation Agreement (Hess Midstream LP)

Governmental Action. In the event any Governmental Authority issues an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to another customershipper, Provider Gatherer shall do so by (a) first, reducing Hydrocarbons Gas and/or Injected Liquids, as applicable, entitled to Interruptible Service, (b) second, reducing Hydrocarbons Gas and/or Injected Liquids, as applicable, entitled to Firm Service, and shall only curtail Hydrocarbons receipts of Gas and/or Injected Liquids, as applicable, entitled to Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service, and (c) third, reducing Hydrocarbons Gas entitled to Anchor Customer Shipper Firm Service, and shall only curtail Hydrocarbons receipts of Gas entitled to Anchor Customer Shipper Firm Service (which curtailment shall be done in accordance with Section 8.5) to the extent necessary to allocate such capacity as required by the Governmental Authority to such other customershipper, after complete curtailment of Interruptible Service and Firm Service. In such event Provider CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. Gatherer shall not be in breach or default of its obligations under the Agreement and shall have no liability to Customer Shipper in connection with or resulting from any such curtailment; provided, however, that Provider Gatherer shall, at Customer’s Shipper's request, temporarily release from the dedication under this Agreement all of Customer’s Shipper's volumes of Dedicated Production TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (including the resulting Customer Residue Gas and Customer NGLs) interrupted or curtailed as the result of such allocation, but only for the duration of such mandated allocation. Notwithstanding the foregoing, should any Governmental Authority issue an order requiring Provider Gatherer to allocate capacity on the TGP Gathering System to a customer shipper other than CustomerShipper, Provider Xxxxxxxx agrees to use its commercially reasonable efforts to cooperate with, and support, Customer Shipper in such actions that Customer Shipper may in good faith take against such Governmental Authority and/or order; provided, however, that Provider Gatherer shall not be required to cooperate in any such undertaking that ProviderGatherer, in its good faith opinion, believes would materially and adversely affect Provider Gatherer or the TGP Gathering System.

Appears in 1 contract

Samples: Gas Gathering Agreement (Hess Midstream LP)

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