Common use of Maintenance and Other Operations Clause in Contracts

Maintenance and Other Operations. Gatherer may suspend its performance hereunder to the extent required to make necessary (in Gatherer’s sole reasonable discretion) maintenance, testing, pigging, inspections, alterations, or repairs (not required as the result of the occurrence of a Force Majeure Event) to any part of the Gathering System and Disposal Facilities or to make any required relocations, replacements, expansions, connections, alterations, or modifications of pipelines and other equipment and facilities comprising part of the Gathering System and Disposal Facilities for a period of time not to exceed [***] per [***] for any given Receipt Point or Dedicated Property (a “Maintenance Suspension Event”). Gatherer shall give Producer thirty (30) days advance Notice of its intention to suspend its performance hereunder including the date on which such Maintenance Suspension Event shall commence (a “Maintenance Suspension Event Notice”), except in cases of emergency where such Notice is not reasonably practicable or in cases where the operations of Producer will not be affected. Within two (2) days receipt of the Maintenance Suspension Event Notice, Producer shall provide Gatherer with Notice of any requested changes to the date on which the Maintenance Suspension Event shall commence, and Gatherer shall use reasonable efforts to change the commencement of the Maintenance Suspension Event as requested by Producer. During a Maintenance Suspension Event, Gatherer shall use commercially reasonable efforts to make other transportation arrangements for any volumes of Produced Water or Fresh Watch which Gatherer is unable to receive or deliver up to the Firm Capacity Amount of Produced Water or the Firm Capacity Amount of Fresh Water, as applicable, and Producer shall reimburse Gatherer for all costs and expenses at standard rates associated with the alternative transportation arrangements. In the event a Maintenance Suspension Event exceeds [***] per [***] for any given Receipt Point or Dedicated Property, an Interruption Period shall be deemed to have ensued on the [***] of the Maintenance Suspension Event, and shall continue on until the Maintenance Suspension Event has concluded or until the [***] of the Maintenance Suspension Event, at which time an Extended Interruption Period shall be deemed to have begun.

Maintenance and Other Operations. Gatherer may suspend its performance hereunder to the extent required to make necessary (in Gatherer’s sole reasonable discretion) maintenance, testing, pigging, or reasonably desirable inspections, alterations, or repairs (not required as the result of the occurrence of a Force Majeure Event) to any part of the Springridge Gathering System and Disposal Facilities or to make any required relocations, replacements, expansions, connections, alterations, relocations or modifications of pipelines and other equipment and facilities comprising part of the Springridge Gathering System and Disposal Facilities for a period of time not to exceed [***] per [***] for any given Receipt Point or Dedicated Property (a “Maintenance Suspension Event”)System. Gatherer shall give Producer thirty (30) days advance Producers reasonable Notice of its intention to suspend its performance hereunder including the date on which such Maintenance Suspension Event shall commence (a “Maintenance Suspension Event Notice”)hereunder, except in cases of emergency where such Notice is not reasonably practicable impracticable or in cases where the operations of Producer Producers will not be affected. Within two If, during the Minimum Volume Period, Gatherer suspends such performance with respect to any segment in excess of ** total Days in any Month (2such excess Days, the “Excess Suspension Days”), then the volume (expressed in Mcf) days receipt of Producers’ Gas, MV Mitigation Gas, and In-Kind Gas (the “Maintenance Suspension Volumes”) that corresponds to the product of (i) the Excess Suspension Days multiplied by (ii) the average daily deliveries of Producers’ Gas, MV Mitigation Gas, and In-Kind Gas on the Springridge Gathering System for the 30-Day period immediately prior to the first Day in the Month in which suspension occurred (excluding any Day during such 30-Day period when no Producers’ Gas, MV Mitigation Gas, and In-Kind Gas is delivered to the Springridge Gathering System or the delivery of Producers’ Gas, MV Mitigation Gas, or In-Kind Gas to the Springridge Gathering System is affected by any maintenance downtime) but less the volumes of Producers’ Gas, MV Mitigation Gas, and In-Kind Gas actually received on the Springridge Gathering System on the Excess Suspension Day shall be included in the determination of the Maintenance Suspension Event Notice, Producer shall provide Gatherer with Notice Adjusted Springridge Annual Minimum Volume as provided in Section 4(d) of any requested changes to Exhibit A for the date on same Year in which the Maintenance Suspension Event shall commence, and Gatherer shall use reasonable efforts to change the commencement of the Maintenance Suspension Event as requested by Producer. During a Maintenance Suspension Event, Gatherer shall use commercially reasonable efforts to make other transportation arrangements for any volumes of Produced Water or Fresh Watch which Gatherer is unable to receive or deliver up to the Firm Capacity Amount of Produced Water or the Firm Capacity Amount of Fresh Water, as applicable, and Producer shall reimburse Gatherer for all costs and expenses at standard rates associated with the alternative transportation arrangements. In the event a Maintenance Suspension Event exceeds [***] per [***] for any given Receipt Point or Dedicated Property, an Interruption Period shall be deemed to have ensued on the [***] of the Maintenance Suspension Event, and shall continue on until the Maintenance Suspension Event has concluded or until the [***] of the Maintenance Suspension Event, at which time an Extended Interruption Period shall be deemed to have begunsuch suspension occurs.

Maintenance and Other Operations. Gatherer may suspend its performance hereunder to the extent required to make necessary (in Gatherer’s sole reasonable discretion) maintenance, testing, pigging, or reasonably desirable inspections, alterations, or repairs (not required as the result of the occurrence of a Force Majeure Event) to any part of the a Xxxxxxx Gathering System and Disposal Facilities or to make any required relocations, replacements, expansions, connections, alterations, relocations or modifications of pipelines and other equipment and facilities comprising part of the a Xxxxxxx Gathering System and Disposal Facilities for a period of time not to exceed [***] per [***] for any given Receipt Point or Dedicated Property (a “Maintenance Suspension Event”)System. Gatherer shall give Producer thirty (30) days advance Producers reasonable Notice of its intention to suspend its performance hereunder including the date on which such Maintenance Suspension Event shall commence (a “Maintenance Suspension Event Notice”)hereunder, except in cases of emergency where such Notice is not reasonably practicable impracticable or in cases where the operations of Producer Producers will not be affected. Within two If, during the Minimum Volume Period, Gatherer suspends such performance with respect to any segment in excess of ** total Days in any Month (2such excess Days, the “Excess Suspension Days”), then the volume (expressed in Mcf’s) days receipt of Producers’ Gas and MV Mitigation Gas (the “Maintenance Suspension Volumes”) that corresponds to the product of (i) the Excess Suspension Days multiplied by (ii) the average daily deliveries of Producers’ Gas and MV Mitigation Gas on the affected Xxxxxxx Gathering System for the 30-Day period immediately prior to the first Day in the Month in which suspension occurred (excluding any Day during such 30-Day period when no Producers’ Gas and MV Mitigation Gas is delivered to such Xxxxxxx Gathering System or the delivery of Producers’ Gas or MV Mitigation Gas to such Xxxxxxx Gathering System is affected by any maintenance downtime) but less the volumes of Producers’ Gas and MV Mitigation Gas actually received on the affected Xxxxxxx Gathering System on the Excess Suspension Day shall be included in the determination of the Maintenance Suspension Event Notice, Producer shall provide Gatherer with Notice Adjusted Xxxxxxx Annual Minimum Volume as provided in Section 4(d) of any requested changes to Exhibit A for the date on same Year in which the Maintenance Suspension Event shall commence, and Gatherer shall use reasonable efforts to change the commencement of the Maintenance Suspension Event as requested by Producer. During a Maintenance Suspension Event, Gatherer shall use commercially reasonable efforts to make other transportation arrangements for any volumes of Produced Water or Fresh Watch which Gatherer is unable to receive or deliver up to the Firm Capacity Amount of Produced Water or the Firm Capacity Amount of Fresh Water, as applicable, and Producer shall reimburse Gatherer for all costs and expenses at standard rates associated with the alternative transportation arrangements. In the event a Maintenance Suspension Event exceeds [***] per [***] for any given Receipt Point or Dedicated Property, an Interruption Period shall be deemed to have ensued on the [***] of the Maintenance Suspension Event, and shall continue on until the Maintenance Suspension Event has concluded or until the [***] of the Maintenance Suspension Event, at which time an Extended Interruption Period shall be deemed to have begunsuch suspension occurs.

Maintenance and Other Operations. Gatherer may suspend its performance hereunder to the extent required to make necessary (in Gatherer’s sole reasonable discretion) maintenance, testing, pigging, or reasonably desirable inspections, alterations, or repairs (not required as the result of the occurrence of a Force Majeure Event) to any part of the a Gathering System and Disposal Facilities or to make any required relocations, replacements, expansions, connections, alterations, relocations or modifications of pipelines and other equipment and facilities comprising part of the a Gathering System and Disposal Facilities for a period of time not to exceed [***] per [***] for any given Receipt Point or Dedicated Property (a “Maintenance Suspension Event”)System. Gatherer shall give Producer thirty (30) days advance Producers reasonable Notice of its intention to suspend its performance hereunder including the date on which such Maintenance Suspension Event shall commence (a “Maintenance Suspension Event Notice”)hereunder, except in cases of emergency where such Notice is not reasonably practicable impracticable or in cases where the operations of Producer Producers will not be affected. Within two If, during the Minimum Volume Period, Gatherer suspends such performance with respect to any segment in excess of ** total Days in any Month (2such excess Days, the “Excess Suspension Days”), then the volume (expressed in Mcf’s) days receipt of Producers’ Gas and MV Mitigation Gas (the “Maintenance Suspension Volumes”) that corresponds to the product of (i) the Excess Suspension Days multiplied by (ii) the average daily deliveries of Producers’ Gas and MV Mitigation Gas on the affected Gathering System for the 30-Day period immediately prior to the first Day in the Month in which suspension occurred (excluding any Day during such 30-Day period when no Producers’ Gas and MV Mitigation Gas is delivered to such Gathering System or the delivery of Producers’ Gas or MV Mitigation Gas to such Gathering System is affected by any maintenance downtime) but less the volumes of Producers’ Gas and MV Mitigation Gas actually received on the affected Gathering System on the Excess Suspension Day shall be included in the determination of the Maintenance Suspension Event Notice, Producer shall provide Gatherer with Notice Adjusted Xxxxxxx Annual Minimum Volume as provided in Section 4(d) of any requested changes to Exhibit A for the date on same Year in which the Maintenance Suspension Event shall commence, and Gatherer shall use reasonable efforts to change the commencement of the Maintenance Suspension Event as requested by Producer. During a Maintenance Suspension Event, Gatherer shall use commercially reasonable efforts to make other transportation arrangements for any volumes of Produced Water or Fresh Watch which Gatherer is unable to receive or deliver up to the Firm Capacity Amount of Produced Water or the Firm Capacity Amount of Fresh Water, as applicable, and Producer shall reimburse Gatherer for all costs and expenses at standard rates associated with the alternative transportation arrangements. In the event a Maintenance Suspension Event exceeds [***] per [***] for any given Receipt Point or Dedicated Property, an Interruption Period shall be deemed to have ensued on the [***] of the Maintenance Suspension Event, and shall continue on until the Maintenance Suspension Event has concluded or until the [***] of the Maintenance Suspension Event, at which time an Extended Interruption Period shall be deemed to have begunsuch suspension occurs.