Common use of New Pad Connections Clause in Contracts

New Pad Connections. During the Minimum Volume Period, when Producers provide 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 9. If at any time after Gatherer’s receipt of the notice from Producers 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 Producers 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 to each pad covered by a Pad Notice, the spacing/drilling units for the xxxxx that will produce from such pad shall be released from this Agreement pursuant to a written release executed by Gatherer and delivered to Producers promptly following the sending of the related Pad Notice. If the release of any pad occurs after such pad has become a Xxxxxxx Delayed Connection and any volumes of Producers Gas that would have been delivered from such Xxxxxxx Delayed Connection have been included in the Adjusted Xxxxxxx Annual Minimum Volume under Section 4(d) of this Exhibit A, then the Parties shall reverse all of such adjustment as soon as practicable after the related Pad Notice.

New Pad Connections. During the Minimum Volume Period, when Producers provide 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 9A10. If at any time after Gatherer’s receipt of the notice from Producers 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 Producers 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 to each pad covered by a Pad Notice, the spacing/drilling units for the xxxxx that will produce from such pad shall be released from this Agreement pursuant to a written release executed by Gatherer and delivered to Producers CEMI promptly following the sending of the related Pad Notice. If the release of any pad occurs after such pad has become a Xxxxxxx Delayed Connection and any volumes of Producers Gas that would have been delivered from such Xxxxxxx Delayed Connection have been included in the Adjusted Xxxxxxx Annual Minimum Volume under Section 4(d) of this Exhibit A, then the Parties shall reverse all of such adjustment as soon as practicable after the related Pad Notice.

New Pad Connections. During the Minimum Volume PeriodWhen CEMI, when Producers provide on behalf of Producers, provides Notice under Section 6(a)(1) of this Exhibit A above, then Gatherer shall cause the necessary facilities to be constructed to tie-in such pad or pads to the applicable Xxxxxxx Springridge Gathering System System, subject to Producers complying with their obligations under Section 6(a)(1). ) of this Exhibit A. However, Gatherer shall have the obligation to complete such facilities by the later of (x) 30 days after the date of first production of that such pad or pads with one or more Producer Xxxxx is ready to flow and (y) 21 Months six months after the date of Producers’ Notice (as the same may be extended pursuant to the following sentence, the “Completion Date”). For avoidance of doubt, the date of Producers’ Notice shall be the date on which Producers provide the expected date of first production for such Producer Well or Xxxxx. 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) of this Exhibit A 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 During the Minimum Volume Period, if Gatherer fails to complete its facilities necessary to connect any such pad or pads to a Xxxxxxx Springridge 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 Springridge Delayed Connections”), then the Producers, as their sole remedy remedy, for Gatherer failing to connect such Xxxxxxx Springridge 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 Springridge Annual Minimum Volume under Section 4(d) of this Exhibit A for the volumes of Producers’ Gas that would have been delivered from such Xxxxxxx Springridge Delayed Connections between the Completion Date for such Xxxxxxx Springridge Delayed Connections and the date on which such Xxxxxxx Springridge Delayed Connections are connected by Gatherer, as such delayed volumes are reasonably determined by Gatherer based on the type curve shown in Schedule 9A8. After the Minimum Volume Period, each Springridge Delayed Connection will be subject to a penalty of $** per day for the first ** days, $** per day for days ** thru **, $** per day for days ** thru ** and $** for every day thereafter, up to a cap of $**. If at any time after Gatherer’s receipt of the notice from Producers CEMI regarding the connection of a new pad Gatherer becomes aware that it will not be able to connect such pad to the Xxxxxxx Springridge Gathering System (whether before or after the Completion Date for such pad) due to Force Majeure Events, then Gatherer shall provide Notice thereof to Producers 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 to each pad covered by a Pad Notice, the spacing/drilling units for the xxxxx that will produce from such pad shall be released from this Agreement pursuant to a written release executed by Gatherer and delivered to Producers CEMI promptly following the sending of the related Pad Notice. If During the Minimum Volume Period, if the release of any pad occurs after such pad has become a Xxxxxxx Springridge Delayed Connection and any volumes of Producers Gas that would have been delivered from such Xxxxxxx Springridge Delayed Connection have been included in the Adjusted Xxxxxxx Springridge Annual Minimum Volume under Section 4(d) of this Exhibit A, then the Parties shall reverse all of such adjustment as soon as practicable after the related Pad Notice.