New Delivery Points Clause Samples
The "New Delivery Points" clause establishes the terms under which additional or alternative locations for the delivery of goods or services may be designated during the course of a contract. Typically, this clause outlines the process for proposing, approving, and implementing new delivery sites, including any notice requirements or adjustments to costs and timelines that may result. Its core practical function is to provide flexibility for both parties to adapt to changing logistical needs, ensuring that deliveries can be made efficiently even if original delivery points become unsuitable or new locations are required.
New Delivery Points. When Producer or its Affiliates desire to establish a Delivery Point, other than an Initial Delivery Point, an Initial Future Delivery Point, or a Delivery Point subject to a Prior Dedication (which is addressed in Section 2.4(a)), within the Dedicated Area for receipt of, and the provision of Services for, Committed Produced Water hereunder related to a newly drilled or re-completed Dedicated Well or to one or more Dedicated Well(s) that are not then connected to the Pipeline System or to the Disposal System facilities (each, a “New Delivery Point”), then Producer shall notify Gatherer in writing of such New Delivery Point as soon as reasonably possible but not less than [***] days prior to the anticipated date of initial delivery of Produced Water to such New Delivery Point (such written notice, a “Producer Delivery Point Notice”). Each Producer Delivery Point Notice shall provide the proposed latitude and longitude where such New Delivery Point will be located, Producer’s forecast of the average daily volume of Produced Water to be delivered to such New Delivery Point for each Month, the drilling schedule for any Well(s) expected to be connected to such New Delivery Point, and the expected daily Produced Water flow rate for such New Delivery Point. Producer shall have the right, in its sole reasonable discretion, to determine the location of each New Delivery Point within the Dedicated Area; provided that, subject to Section 3.1(c) with respect to a temporary New Delivery Point, each New Delivery Point will be located on or near the perimeter of Producer’s or its Affiliate’s well pad immediately downstream of Producer’s tank batteries for such well pad or at the inlet flange of the Pipeline System. Following the delivery of a Producer Delivery Point Notice for a New Delivery Point, Producer will provide Gatherer additional information with respect to such New Delivery Point that is reasonably requested by Gatherer. To the extent that a New Delivery Point requires an extension of the Pipeline System, Gatherer shall, if the New Delivery Point is not a Marginal Production Delivery Point, subject to the other terms and conditions hereof, be obligated to build out such extension subject to Producer’s obligation to cooperate with Gatherer under Section 3.1(b) and Section 3.1(c).
New Delivery Points. 6.4.1 All equipment upstream of the Delivery Point shall be owned by GasNet.
6.4.2 New Delivery Points shall be constructed in accordance with Appendix Two.
6.4.3 The Customer may request GasNet to construct a new Delivery Point in addition to the Delivery Point(s) specified in Appendix One. Where a new Delivery Point results in additional costs GasNet may recover these from the Customer.
New Delivery Points. (A) To establish a new Delivery Point, the Customer must execute with the Authority a new Delivery Point Specification Sheet for the new Delivery Point prior to the date upon which the new Delivery Point is to be placed in service. Such new Delivery Point Specification Sheet shall be attached to, and made a part of, the Service Agreement and shall include any special provisions required for the establishment of the new Delivery Point. The execution of such Delivery Point Specification Sheet shall be a condition precedent to the Authority's supplying electric service to the Delivery Point.
(B) The Authority shall not be obligated to establish any new Delivery Point if it is reasonably determined by the Authority that, consistent with Prudent Utility Practice, the new Delivery Point is not necessary or appropriate for the delivery of power to serve load on the Customer's system.
(C) The Authority shall not be obligated to establish any new Delivery Point if after exercising due diligence the Authority cannot obtain all necessary State and Federal approvals, rights-of-way, and equipment. The Customer shall support all State and Federal filings that the Authority deems necessary (i) for supplying capacity and energy to the new Delivery Point, (ii) for the construction and permitting of the new Delivery Point, and (iii) such other facilities as the Authority deems necessary for the new Delivery Point.
(D) The Customer or potential Customer requesting the establishment of a new Delivery Point shall submit a detailed written request to the Authority specifying the requirements of such Delivery Point.
(E) Except as otherwise provided herein, the Customer is responsible for the installation, operation and maintenance of all necessary poles, lines, substations, transformers, switches, protective equipment, and other equipment (except the Authority's metering equipment) necessary for the establishment of a new Delivery Point, and for all facility rearrangements on the Customer's side of such Delivery Point that are required for the establishment thereof.
(F) Substantial and/or material modifications to an existing Delivery Point shall be deemed to constitute the termination of such Delivery Point and the establishment of a new Delivery Point. Rate Schedule L-96 Attachment A