Common use of Greenhouse Gas Emissions Clause in Contracts

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law after the Effective Date of this Agreement which, in Processor’s reasonable determination, results in (a) a Governmental Authority requiring Processor to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Gas and/or the gathering, or transportation of such Gas (collectively, “Producer’s GHG Emissions”) or (b) Processor incurring any costs or expenses attributable to Producer’s Gas, including any costs or expenses for disposal or treating of carbon dioxide attributable to such Gas, or any other additional economic burden being placed on Processor in connection with or related to Producer’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor in a timely manner (and shall indemnify and hold harmless Processor from against any Losses, including any expenses incurred by Processor in acquiring such allowances in the marketplace, arising out of Producer’s failure to so provide such allowances) and (ii) Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor for any Emissions Charges paid by Processor within ten (10) Days of receipt of Processor’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Dedicated Gas and/or the gathering, or transportation of such Gas (collectively, “Producer’s GHG Emissions”) or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s Dedicated Gas, including any costs or expenses for disposal or treating of carbon dioxide attributable to such Gas, or any other additional economic burden being placed on Processor Gatherer in connection with or related to Producer’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Producer shall indemnify and hold harmless Processor Gatherer from against any Losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s the failure to so provide such allowances) and (ii) Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law after the Original Agreement Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to ProducerShipper’s Gas Production and/or the gathering, or transportation of such Gas Production (collectively, “ProducerShipper’s GHG Emissions”) or (b) Processor Gatherer incurring any costs or expenses attributable to ProducerShipper’s GasProduction, including any costs or expenses for disposal or treating of carbon dioxide attributable to such GasProduction, or any other additional economic burden being placed on Processor Gatherer in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Producer Shipper will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and shall indemnify and hold harmless Processor Gatherer from against any Losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of ProducerShipper’s failure to so provide such allowances) and (ii) Producer Shipper shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Gas Dedicated Crude Oil and/or the gathering, or transportation gathering of such Gas Crude Oil or entrained gas (collectively, “Producer’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s GasDedicated Crude Oil, including any costs or expenses for disposal or treating of carbon dioxide attributable to such GasCrude Oil, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to Producer’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Producer shall be fully responsible for such Emissions Charges and shall pay and/or reimburse Processor Gatherer for any Emissions Charges paid by Processor within ten (10) Days of receipt of Processor’s invoiceGatherer as specified in the Tariff.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Dedicated Gas and/or the gathering, gathering or transportation compression operations of such Gas or entrained gas (collectively, “Producer’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s Dedicated Gas, including any costs or expenses for disposal or treating of carbon dioxide attributable to such Gas, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to Producer’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) [***] Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Gas Dedicated Crude Oil and/or the gathering, or transportation storage by Gatherer of such Gas Crude Oil or entrained gas (collectively, “ProducerShipper’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s GasDedicated Crude Oil, including any costs or expenses for disposal or treating of carbon dioxide attributable to such GasCrude Oil, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Shipper and Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Shipper and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Shipper and Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to (i) the carbon dioxide content or emissions or (ii) the greenhouse gas content or emissions attributable to Producer’s Dedicated Gas and/or the gathering, or transportation of such Gas (collectively, “Producer’s GHG Emissions”) or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s Gas, including any costs or expenses Dedicated Gas for disposal or treating of carbon dioxide attributable to such GasProducer’s GHG Emissions, or any other additional economic burden being placed on Processor Gatherer in connection with or related to Producer’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (iy) Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Producer shall indemnify and hold harmless Processor Gatherer from against any Losseslosses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s the failure to so provide such allowances) and (iiz) Producer shall be fully responsible for such Emissions Charges and by way of an increase in the Reservation Fee. Such increase in the Reservation Fee shall reimburse Processor for any be calculated each Contract Year by amortizing the aggregate amount of the Emissions Charges paid by Processor based on the aggregate Minimum Volume Commitment for such Contract Year; provided, however, that in the event that any increase to the Reservation Fee for a Contract Year is insufficient to reimburse Gatherer for the Emissions Charges, the Parties agree to include the shortfall amount on the next Month’s invoice pursuant to Section 13.1. Notwithstanding the foregoing, in the event this Section 10.6 results in an increase to the Reservation Fee in excess of [***]%, Producer may elect to terminate the Agreement within ten (10) [***] Days of receipt of ProcessorGatherer’s invoicerequest for payment of Emissions Charges or provision of allowances, which termination shall be effective on the last date set forth in Producer’s written notice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to ProducerShipper’s Gas Production and/or the gathering, or transportation of such Gas Production (collectively, “ProducerShipper’s GHG Emissions”) or (b) Processor Gatherer incurring any costs or expenses attributable to ProducerShipper’s GasProduction, including any costs or expenses for disposal or treating of carbon dioxide attributable to such GasProduction, or any other additional economic burden being placed on Processor Gatherer in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Producer Shipper will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and shall indemnify and hold harmless Processor Gatherer from against any Losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of ProducerShipper’s failure to so provide such allowances) and (ii) Producer Shipper shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Gas Dedicated Crude Oil and/or the gathering, stabilization, blending or transportation storage of such Gas Crude Oil or entrained gas (collectively, “ProducerShipper’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s GasDedicated Crude Oil, including any costs or expenses for disposal or treating of carbon dioxide attributable to such GasCrude Oil, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Shipper and Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Shipper and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Shipper and Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Gas Dedicated Saltwater and/or the gathering, pumping, or transportation disposal of such Gas Saltwater (collectively, “Producer’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s GasDedicated Saltwater, including any costs or expenses for disposal or treating of carbon dioxide attributable to such GasSaltwater, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to Producer’s GHG Emissions, including any tax, assessment, Tax or other cost or expense (collectively, “Emissions Charges”), then (i) Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoiceinvoice therefor.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Gas Dedicated Crude Oil and/or the gathering, gathering or transportation storage by Gatherer of such Gas Crude Oil or entrained gas (collectively, “ProducerShipper’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s GasDedicated Crude Oil, including any costs or expenses for disposal or treating of carbon dioxide attributable to such GasCrude Oil, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Shipper and Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Shipper and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Shipper and Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Dedicated Gas and/or the gathering, compression, processing or transportation gas lift operations of such Gas or entrained gas (collectively, “ProducerShipper’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s Dedicated Gas, including any costs or expenses for disposal or treating of carbon dioxide attributable to such Gas, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Shipper and Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Shipper and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Producer Shipper and Gatherer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Gas Dedicated Crude Oil and/or the gathering, stabilization, blending or transportation storage of such Gas Crude Oil or entrained gas (collectively, “ProducerShipper’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s GasDedicated Crude Oil, including any costs or expenses for disposal or treating of carbon dioxide attributable to such GasCrude Oil, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Shipper and Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Shipper and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Producer Shipper and Gatherer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority governmental authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Dedicated Gas and/or the gathering, or transportation of such Gas (collectively, “ProducerShipper’s GHG Emissions”) or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s Dedicated Gas, including any costs or expenses for disposal or treating of carbon dioxide attributable to such Dedicated Gas, or any other additional economic burden being placed on Processor Gatherer in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Producer Shipper will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and shall indemnify and hold harmless Processor from against the Gatherer Indemnified Parties for any Losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of ProducerShipper’s failure to so provide such allowances) and (ii) Producer Shipper shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice; provided, however, that should any such enactment of, or change in, law require Gatherer to construct new facilities or to modify any part of the Gathering System, Gatherer and Shipper shall negotiate in good faith and use reasonable efforts to agree on the most cost effective method of constructing or modifying such facilities.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Dedicated Gas and/or the gathering, compression, or transportation processing of such Gas or entrained gas (collectively, “ProducerShipper’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s Dedicated Gas, including any costs or expenses for disposal or treating of carbon dioxide attributable to such Gas, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Shipper and Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and notwithstanding anything else provided to the contrary in Section 15.1 and Section 15.2, Shipper and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Shipper and Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law Applicable Law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Dedicated Gas and/or the gathering, compression, processing or transportation gas lift operations of such Gas or entrained gas (collectively, “ProducerShipper’s GHG Emissions”) ), or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s Dedicated Gas, including any costs or expenses for disposal or treating of carbon dioxide attributable to such Gas, or any other additional economic burden being placed on Processor Gatherer, in connection with or related to ProducerShipper’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Shipper and Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Shipper and Producer shall indemnify release, indemnify, defend and hold Gatherer harmless Processor from and against any Lossesall claims and losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s or related to the failure to so timely provide any such allowances) required emission allowances or their equivalent), and (ii) Shipper and Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.

Greenhouse Gas Emissions. Notwithstanding anything contained in this Agreement to the contrary, in the event there is an enactment of, or change in, any law after the Effective Date of this Agreement which, in ProcessorGatherer’s reasonable determination, results in (a) a Governmental Authority requiring Processor Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Producer’s Producer Gas and/or the gathering, or transportation of such Gas (collectively, “Producer’s GHG Emissions”) or (b) Processor Gatherer incurring any costs or expenses attributable to Producer’s Producer Gas, including any costs or expenses for disposal or treating of carbon dioxide attributable to such Gas, or any other additional economic burden being placed on Processor Gatherer in connection with or related to Producer’s GHG Emissions, including any tax, assessment, or other cost or expense (collectively, “Emissions Charges”), then (i) Producer will use reasonable efforts to provide any required emissions allowances or their equivalent to Processor Gatherer in a timely manner (and Producer shall indemnify and hold harmless Processor Gatherer from against any Losses, including any expenses incurred by Processor Gatherer in acquiring such allowances in the marketplace, arising out of Producer’s the failure to so provide such allowances) and (ii) Producer shall be fully responsible for such Emissions Charges and shall reimburse Processor Gatherer for any Emissions Charges paid by Processor Gatherer within ten (10) Days of receipt of ProcessorGatherer’s invoice.