Common use of New Delivery Points Clause in Contracts

New Delivery Points. Producers shall furnish Notice to Gatherer of any new Xxxxxxx Delivery Point connection desired by Producers, which Notice shall include the location of such Xxxxxxx Delivery Point, the projected Gas deliverability to such Xxxxxxx Delivery Point from the Xxxxxxx Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Xxxxxxx Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new Xxxxxxx Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Xxxxxxx Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new Xxxxxxx Delivery Point. If Producers determine to proceed with completion of such new Xxxxxxx Delivery Point after receipt of Gatherer’s Notice, Producers shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new Xxxxxxx Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new Xxxxxxx Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new Xxxxxxx Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the cost to increase the deliverability of any new Xxxxxxx Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Xxxxxxx Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such new Xxxxxxx Delivery Point. It is acknowledged that any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Xxxxxxx Delivery Point shall not be included in the Xxxxxxx Cap Ex, Actual Xxxxxxx Cap Ex or Projected Xxxxxxx Cap Ex under Section 3 of Exhibit A to the CHK Agreement.

New Delivery Points. Producers CEMI, on behalf of the Producers, shall furnish Notice to Gatherer of any new Xxxxxxx Midcon Delivery Point connection desired by Producers, which Notice shall include the location of such Xxxxxxx Midcon Delivery Point, the projected Gas deliverability to such Xxxxxxx Midcon Delivery Point from the Xxxxxxx Midcon Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Xxxxxxx Midcon Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new Xxxxxxx Midcon Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Xxxxxxx Midcon Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new Xxxxxxx Midcon Delivery Point. If Producers determine CEMI determines to proceed with completion of such new Xxxxxxx Midcon Delivery Point after receipt of Gatherer’s Notice, Producers CEMI shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new Xxxxxxx Midcon Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new Xxxxxxx Midcon Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new Xxxxxxx Midcon Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the cost to increase the deliverability of any new Xxxxxxx Midcon Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Xxxxxxx Midcon Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such new Xxxxxxx Midcon Delivery Point. It is acknowledged that any Any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Xxxxxxx Midcon Delivery Point shall not be included in the Xxxxxxx Midcon Cap Ex, Actual Xxxxxxx Midcon Cap Ex Ex, or Projected Xxxxxxx Midcon Cap Ex under Section 3 of this Exhibit A to the CHK Agreement.B.

New Delivery Points. Producers CEMI, on behalf of the Producers, shall furnish Notice to Gatherer of any new Xxxxxxx PRP Delivery Point connection desired by Producers, which Notice shall include the location of such Xxxxxxx PRP Delivery Point, the projected Gas deliverability to such Xxxxxxx PRP Delivery Point from the Xxxxxxx PRP Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Xxxxxxx PRP Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new Xxxxxxx PRP Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Xxxxxxx PRP Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new Xxxxxxx PRP Delivery Point. If Producers determine CEMI determines to proceed with completion of such new Xxxxxxx PRP Delivery Point after receipt of Gatherer’s Notice, Producers CEMI shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new Xxxxxxx PRP Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new Xxxxxxx PRP Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new Xxxxxxx PRP Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the cost to increase the deliverability of any new Xxxxxxx PRP Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Xxxxxxx PRP Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such new Xxxxxxx PRP Delivery Point. It is acknowledged that any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Xxxxxxx Delivery Point shall not be included in the Xxxxxxx Cap Ex, Actual Xxxxxxx Cap Ex or Projected Xxxxxxx Cap Ex under Section 3 of Exhibit A to the CHK Agreement.

New Delivery Points. Producers shall furnish Notice When Producer or its Affiliates desire to Gatherer of any new Xxxxxxx Delivery Point connection desired by Producers, which Notice shall include the location of such Xxxxxxx establish a Delivery Point, the projected Gas deliverability to such Xxxxxxx other than an Initial Delivery Point, an Initial Future Delivery Point, or a Delivery Point from subject to a Prior Dedication (which is addressed in Section 2.4(a)), within the Xxxxxxx Gathering SystemDedicated Area for receipt of, and such other information as 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 reasonably requests. Gatherer may elect to increase the deliverability in writing of such new Xxxxxxx Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new Xxxxxxx Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Xxxxxxx New Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) soon as reasonably possible but not less than [***] days prior to the estimated anticipated date of completion initial delivery of Produced Water to such new Xxxxxxx Delivery Point. If Producers determine to proceed with completion of such new Xxxxxxx New Delivery Point after receipt of Gatherer(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 Notice, Producers shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share forecast of the cost based on average daily volume of Produced Water to be delivered to such New Delivery Point for each Month, the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new Xxxxxxx Delivery Point, Producers shall have Priority 1 Service drilling schedule for the deliverability of any Well(s) expected to be connected to such new Xxxxxxx New Delivery Point, and Gatherer the expected daily Produced Water flow rate for such New Delivery Point. Producer shall pay have the right, in its sole reasonable discretion, to Producers (or deduct from amounts owed by Producers hereunder) a fee determine the location of $** per Mcf for third party Gas delivered at such new Xxxxxxx each New Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. Ifwithin the Dedicated Area; provided that, however, Gatherer pays the cost subject to increase the deliverability of any new Xxxxxxx Section 3.1(c) with respect to a temporary New Delivery Point, Producers shall have Priority 1 Service 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 deliverability inlet flange of the new Xxxxxxx Pipeline System. Following the delivery of a Producer Delivery Point up 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 amount requested by CEMI in its Notice other terms and conditions hereof, be obligated to build out such extension subject to Producer’s obligation to cooperate with Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such new Xxxxxxx Delivery Point. It is acknowledged that any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Xxxxxxx Delivery Point shall not be included in the Xxxxxxx Cap Ex, Actual Xxxxxxx Cap Ex or Projected Xxxxxxx Cap Ex under Section 3 of Exhibit A to the CHK Agreement3.1(b) and Section 3.1(c).

New Delivery Points. Producers CEMI, on behalf of the Producers, shall furnish Notice to Gatherer of any new Xxxxxxx Delivery Point connection desired by Producers, which Notice shall include the location of such Xxxxxxx Delivery Point, the projected Gas deliverability to such Xxxxxxx Delivery Point from the Xxxxxxx Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Xxxxxxx Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new Xxxxxxx Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Xxxxxxx Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new Xxxxxxx Delivery Point. If Producers determine CEMI determines to proceed with completion of such new Xxxxxxx Delivery Point after receipt of Gatherer’s Notice, Producers CEMI shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new Xxxxxxx Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new Xxxxxxx Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new Xxxxxxx Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the cost to increase the deliverability of any new Xxxxxxx Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Xxxxxxx Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such new Xxxxxxx Delivery Point. It is acknowledged that any Any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Xxxxxxx Delivery Point shall not be included in the Xxxxxxx Cap Ex, Actual Xxxxxxx Cap Ex Ex, or Projected Xxxxxxx Cap Ex under Section 3 of this Exhibit A to the CHK Agreement.A.

New Delivery Points. Producers CEMI, on behalf of the Producers, shall furnish Notice to Gatherer of any new Xxxxxxx Springridge Delivery Point connection desired by Producers, which Notice shall include the location of such Xxxxxxx Springridge Delivery Point, the projected Gas deliverability to such Xxxxxxx Springridge Delivery Point from the Xxxxxxx Springridge Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Xxxxxxx Springridge Delivery Point above that requested by Producers. The cost of such increased deliverability shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of (i) the estimated cost to complete such new Xxxxxxx Springridge Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Xxxxxxx Springridge Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increase, and (iii) the estimated date of completion of such new Xxxxxxx Springridge Delivery Point. If Producers determine CEMI determines to proceed with completion of such new Xxxxxxx Springridge Delivery Point after receipt of Gatherer’s Notice, Producers CEMI shall Notify Gatherer of such election accompanied by Producers’ agreement to pay the cost to complete such connection (or, if Gatherer has determined to increase deliverability, Producers’ proportionate share of the cost based on the estimated costs submitted by Gatherer). If Producers pay the entire cost of a new Xxxxxxx Springridge Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new Xxxxxxx Springridge Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee of $** per Mcf for third party Gas delivered at such new Xxxxxxx Springridge Delivery Point in excess of Gatherer’s Increased Deliverability. All such third party Gas shall have Priority 3 Service level. If, however, Gatherer pays the cost to increase the deliverability of any new Xxxxxxx Springridge Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Xxxxxxx Springridge Delivery Point up to the amount requested by CEMI in its Notice and Gatherer shall have the right to provide Priority 1 Service for third party Gas volumes up to the Gatherer’s Increased Deliverability for such new Xxxxxxx Springridge Delivery Point. It is acknowledged that any Any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Xxxxxxx Springridge Delivery Point shall not be included in the Xxxxxxx Cap Ex, Actual Xxxxxxx Springridge Cap Ex or Projected Xxxxxxx Actual Springridge Cap Ex under Section 3 of this Exhibit A to the CHK Agreement.A.