Common use of New Delivery Points Clause in Contracts

New Delivery Points. CEMI, on behalf of the Producers, shall furnish Notice to Gatherer of any new Midcon Delivery Point connection desired by Producers, which Notice shall include the location of such Midcon Delivery Point, the projected Gas deliverability to such Midcon Delivery Point from the Midcon Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new 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 Midcon Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new 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 Midcon Delivery Point. If CEMI determines to proceed with completion of such new Midcon Delivery Point after receipt of Gatherer’s Notice, 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 Midcon Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new 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 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 Midcon Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new 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 Midcon Delivery Point. Any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Midcon Delivery Point shall not be included in the Midcon Cap Ex, Actual Midcon Cap Ex, or Projected Midcon Cap Ex under Section 3 of this Exhibit B.

New Delivery Points. CEMI, on behalf of the Producers, shall furnish Notice to Gatherer of any new Midcon PRP Delivery Point connection desired by Producers, which Notice shall include the location of such Midcon PRP Delivery Point, the projected Gas deliverability to such Midcon PRP Delivery Point from the Midcon PRP Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Midcon 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 Midcon PRP Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Midcon 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 Midcon PRP Delivery Point. If CEMI determines to proceed with completion of such new Midcon PRP Delivery Point after receipt of Gatherer’s Notice, 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 Midcon PRP Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new Midcon 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 Midcon 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 Midcon PRP Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Midcon 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 Midcon PRP Delivery Point. Any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Midcon Delivery Point shall not be included in the Midcon Cap Ex, Actual Midcon Cap Ex, or Projected Midcon Cap Ex under Section 3 of this Exhibit B..

New Delivery Points. CEMI, on behalf of the Producers, shall furnish Notice When Producer or its Affiliates desire to Gatherer of any new Midcon Delivery Point connection desired by Producers, which Notice shall include the location of such Midcon establish a Delivery Point, the projected Gas deliverability to such Midcon 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 Midcon 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 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 Midcon Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Midcon 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 Midcon Delivery Point. If CEMI determines to proceed with completion of such new Midcon 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, 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 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 Midcon Delivery Point, Producers shall have Priority 1 Service drilling schedule for the deliverability of any Well(s) expected to be connected to such new Midcon 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 Midcon 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 Midcon 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 Midcon 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 Midcon Delivery Point. Any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Midcon Delivery Point shall not be included in the Midcon Cap Ex, Actual Midcon Cap Ex, or Projected Midcon Cap Ex under Section 3 of this Exhibit B.3.1(b) and Section 3.1(c).

New Delivery Points. CEMI, on behalf of the Producers, Producers shall furnish Notice to Gatherer of any new Midcon Xxxxxxx Delivery Point connection desired by Producers, which Notice shall include the location of such Midcon Xxxxxxx Delivery Point, the projected Gas deliverability to such Midcon Xxxxxxx Delivery Point from the Midcon Xxxxxxx Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Midcon 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 Midcon Xxxxxxx Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Midcon 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 Midcon Xxxxxxx Delivery Point. If CEMI determines Producers determine to proceed with completion of such new Midcon Xxxxxxx Delivery Point after receipt of Gatherer’s Notice, CEMI 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 Midcon Xxxxxxx Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new Midcon 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 Midcon 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 Midcon Xxxxxxx Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Midcon 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 Midcon Xxxxxxx Delivery Point. Any It is acknowledged that any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Midcon Xxxxxxx Delivery Point shall not be included in the Midcon Xxxxxxx Cap Ex, Actual Midcon Xxxxxxx Cap Ex, Ex or Projected Midcon Xxxxxxx Cap Ex under Section 3 of this Exhibit B.A to the CHK Agreement.

New Delivery Points. CEMI, on behalf of the Producers, shall furnish Notice to Gatherer of any new Midcon Xxxxxxx Delivery Point connection desired by Producers, which Notice shall include the location of such Midcon Xxxxxxx Delivery Point, the projected Gas deliverability to such Midcon Xxxxxxx Delivery Point from the Midcon Xxxxxxx Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Midcon 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 Midcon Xxxxxxx Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Midcon 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 Midcon Xxxxxxx Delivery Point. If CEMI determines to proceed with completion of such new Midcon Xxxxxxx Delivery Point after receipt of Gatherer’s Notice, 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 Midcon Xxxxxxx Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new Midcon 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 Midcon 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 Midcon Xxxxxxx Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Midcon 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 Midcon Xxxxxxx Delivery Point. Any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Midcon Xxxxxxx Delivery Point shall not be included in the Midcon Xxxxxxx Cap Ex, Actual Midcon Xxxxxxx Cap Ex, or Projected Midcon Xxxxxxx Cap Ex under Section 3 of this Exhibit B.A.

New Delivery Points. CEMI, on behalf of the Producers, shall furnish Notice to Gatherer of any new Midcon Springridge Delivery Point connection desired by Producers, which Notice shall include the location of such Midcon Springridge Delivery Point, the projected Gas deliverability to such Midcon Springridge Delivery Point from the Midcon Springridge Gathering System, and such other information as Gatherer reasonably requests. Gatherer may elect to increase the deliverability of such new Midcon 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 Midcon Springridge Delivery Point in accordance with Producers’ specifications, (ii) any increase in the deliverability of such new Midcon 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 Midcon Springridge Delivery Point. If CEMI determines to proceed with completion of such new Midcon Springridge Delivery Point after receipt of Gatherer’s Notice, 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 Midcon Springridge Delivery Point, Producers shall have Priority 1 Service for the deliverability of such new Midcon 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 Midcon 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 Midcon Springridge Delivery Point, Producers shall have Priority 1 Service for the deliverability of the new Midcon 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 Midcon Springridge Delivery Point. Any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Midcon Springridge Delivery Point shall not be included in the Midcon Springridge Cap Ex, Ex or Actual Midcon Cap Ex, or Projected Midcon Springridge Cap Ex under Section 3 of this Exhibit B.A.

New Delivery Points. CEMI, on behalf of the Producers, shall furnish Notice to Gatherer of any (A) To establish a new Midcon Delivery Point connection desired by Producers, which Notice shall include the location of such Midcon Delivery Point, the projected Gas deliverability to such Midcon Customer must execute with the Authority a new Delivery Point from Specification Sheet for the Midcon Gathering Systemnew 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 such other information as Gatherer reasonably requestsmade a part of, the Service Agreement and shall include any special provisions required for the establishment of the new Delivery Point. Gatherer may elect to increase the deliverability The execution of such new Midcon Delivery Point above that requested 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 Producersthe 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 cost of such increased deliverability Customer shall be borne by Gatherer. As soon as commercially practicable after Gatherer’s receipt of Producers’ Notice, Gatherer shall provide Notice to Producer of support all State and Federal filings that the Authority deems necessary (i) for supplying capacity and energy to the estimated cost to complete such new Midcon Delivery Point in accordance with Producers’ specificationsPoint, (ii) any increase in for the deliverability construction and permitting of such the new Midcon Delivery Point as determined by Gatherer (“Gatherer’s Increased Deliverability”) and Gatherer’s estimated cost of such increasePoint, and (iii) such other facilities as the estimated date of completion of such Authority deems necessary for the new Midcon Delivery Point. If CEMI determines to proceed with completion of such new Midcon Delivery Point after receipt of Gatherer’s Notice, CEMI shall Notify Gatherer of such election accompanied by Producers’ agreement to pay . (D) The Customer or potential Customer requesting 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 establishment of a new Midcon Delivery Point shall submit a detailed written request to the Authority specifying the requirements of such Delivery Point. (E) Except as otherwise provided herein, Producers shall have Priority 1 Service the Customer is responsible for the deliverability installation, operation and maintenance of such 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 Midcon Delivery Point, and Gatherer shall pay to Producers (or deduct from amounts owed by Producers hereunder) a fee for all facility rearrangements on the Customer's side of $** per Mcf for third party Gas delivered at such new 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 Midcon Delivery Point, Producers shall have Priority 1 Service that are required for the deliverability of the new Midcon establishment thereof. (F) Substantial and/or material modifications to an existing Delivery Point up shall be deemed to constitute the amount requested by CEMI in its Notice termination of such Delivery Point 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 establishment of a new Midcon Delivery Point. Any capital expenditures made by Gatherer to add Gatherer’s Increased Deliverability to a Midcon Delivery Point shall not be included in the Midcon Cap Ex, Actual Midcon Cap Ex, or Projected Midcon Cap Ex under Section 3 of this Exhibit B.Rate Schedule L-96 Attachment A