Common use of Limitation on Operation of Gathering Assets by Shipper Clause in Contracts

Limitation on Operation of Gathering Assets by Shipper. In the event that LMM does not participate with Shipper in a given Proposed Acquisition pursuant to this Section 2.5, Shipper may acquire, own and operate such Gathering Assets; provided, that Shipper (i) may utilize such Gathering Assets solely to gather Gas produced from xxxxx on the acreage acquired by Shipper in the related Proposed Acquisition and may not transport any third-party volumes through such Gathering Assets except to the extent that such third-party Gas was being transported on the Gathering Assets prior Shipper’s acquisition of the Gathering Assets, and (ii) may not expand or improve the operating capacity of such Gathering Assets except to the extent necessary to Gather Shipper’s Gas from the acreage acquired as part of Shipper’s acquisition of the Target Business.