New Pad Connections. During the Minimum Volume Period, when CEMI, on behalf of Producers, provides Notice under Section 6(a)(1) above, then Gatherer shall cause the necessary facilities to be constructed to tie-in such pad or pads to the applicable Xxxxxxx Gathering System subject to Producers complying with their obligations under Section 6(a)(1). Gatherer shall complete such facilities by the later of (x) the date of first production of such pad or pads with one or more Producer Xxxxx and (y) 21 Months after the date of Producers’ Notice (as the same may be extended pursuant to the following sentence, the “Completion Date”). If Gatherer is delayed in completing such facilities by (i) Force Majeure Events or (ii) the actions of Producers or their representatives that are inconsistent with the cooperation requirements of Section 6(a)(1) above, then the Completion Date for such connection shall be extended for a period equal to that during which Gatherer’s performance was precluded by such events or actions. If Gatherer fails to complete its facilities necessary to connect any such pad or pads to a Xxxxxxx Gathering System on or before the Completion Date for that pad or pads, as such Completion Date may be extended as provided above (the “Xxxxxxx Delayed Connections”), then the Producers, as their sole remedy for Gatherer failing to connect such Xxxxxxx Delayed Connections by the applicable Completion Date (but without limiting the following provisions of this Section 6(b)(1)), shall be entitled to a delay in their obligations with respect to the Adjusted Xxxxxxx Annual Minimum Volume under Section 4(d) of this Exhibit A for volumes of Producers’ Gas that would have been delivered from such Xxxxxxx Delayed Connections between the Completion Date for such Xxxxxxx Delayed Connections and the date on which such Xxxxxxx Delayed Connections are connected by Gatherer, as such delayed volumes are reasonably determined by Gatherer based on the type curve shown in Schedule A10. If at any time after Gatherer’s receipt of the notice from CEMI regarding the connection of a new pad Gatherer becomes aware that it will not be able to connect such pad to the Xxxxxxx Gathering System (whether before or after the Completion Date for such pad) due to Force Majeure Events, then Gatherer shall provide Notice thereof to CEMI as soon as practicable after becoming so aware and shall include with such Notice evidence that substantiates such inability to connect such pad (a “Pad Notice”). With respect ...
New Pad Connections. CEMI shall provide Gatherer prior Notice as soon as practicable of the expected date of first production for each new pad or pads with one or more Producer Xxxxx in the Xxxxxxx XXX. Such Notice to Gatherer shall include (i) the location of the pad or pads and xxxxx to be connected to the Xxxxxxx Gathering System, and (ii) the projected date of final completion and testing of such well or xxxxx to be connected to the Xxxxxxx Gathering System on such pad or pads. Following such Notice, Producers and Gatherer shall reasonably cooperate with each other in developing and providing to the other Party such other information and data regarding such pads and xxxxx reasonably requested by such Party, including, if requested by Gatherer, Producers’ good faith estimate of the Gas reserves for each such well or xxxxx and the projected monthly production profile for the first 5 Years after initial production for each such well or xxxxx. Because of the interrelated nature of the actions of the Parties required to obtain the necessary permits, authorizations, and rights of way from the appropriate state and local agencies and other Persons necessary to drill and complete each such well and construct the required extensions of the Xxxxxxx Gathering System to the pad or pads for such well or xxxxx, the Parties agree to work together in good faith to obtain such permits, authorizations, and rights of way as expeditiously as reasonably practicable, as provided herein. The Parties agree to cooperate with each other and to communicate regularly regarding their efforts to obtain such permits, authorizations, and rights of way.
New Pad Connections. When Producers provide Notice under Section 6(a)(1) above after the end of the Minimum Volume Period, Gatherer, at its sole discretion, will determine whether the prevailing Xxxxxxx Fees at that time will allow it to earn an acceptable return on such connection and whether or not it will make the requested connection.
New Pad Connections. When CEMI provides Notice under Section 6(a)(1) above after the end of the Minimum Volume Period, Gatherer, at its sole discretion, will determine whether the prevailing Xxxxxxx Fees at that time will allow it to earn an acceptable return on such connection and whether or not it will make the requested connection.
