Common use of Nomination Procedures Clause in Contracts

Nomination Procedures. Each Nomination shall (x) be prepared by Shipper and submitted to Gatherer as soon as possible in a mutually agreed form and (y) contain customary information regarding the applicable receipt and/or delivery of Shipper Crude Oil to or from the Gathering System. (i) Shipper shall submit to Gatherer, either verbally or in writing and no later than 10:00 a.m. CCT of the 20th Day of each Month, Shipper’s best estimate of the Daily volume of Shipper Crude Oil that Shipper intends to deliver to Gatherer at each Receipt Point for the following Month (the “Delivery Quantities”). Such estimate shall be stated in Barrels per Day. (ii) On or before the 20th Day of each Month, Gatherer will, subject to Section 1.2(a)(v) of the Operating Terms below and the validation of Nominations by Downstream Facilities, notify Shipper of all non-confirmed or otherwise invalid Delivery Quantities for the following Month for each Receipt Point. Gatherer will provide Shipper with confirmation in writing of the confirmed Delivery Quantities. (iii) If Shipper desires to modify the Delivery Quantities for a Receipt Point for any time after Gatherer accepts and validates the Delivery Quantities, Shipper must notify Gatherer of such modification at least two Days prior to the beginning of any such modification of Delivery Quantities. Gatherer will notify Shipper as soon as practicable if such modified Delivery Quantities are non-confirmed or otherwise invalid. (iv) Shipper shall make any necessary arrangements to be able to deliver the Delivery Quantities to Gatherer at the Receipt Points. (v) Shipper shall make any necessary arrangements for downstream transportation of Shipper Crude Oil from the Delivery Points to enable Gatherer to make deliveries to the applicable Downstream Facilities for the account of Shipper at such Delivery Points. Such arrangements shall include Shipper’s Nomination of the Delivery Quantities for transportation from the Delivery Points on the applicable Downstream Facilities. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (vi) It is recognized that for a given Month, a Shipper Crude Oil imbalance between the Receipt Points and Delivery Points may exist. Gatherer shall calculate and track all imbalances and include same in its Monthly statement. The Parties agree to make a good faith effort to correct any actual Monthly imbalances by subsequent nominations and deliveries of Shipper Crude Oil during the remainder of the Month or the next Month, including the adjustments of receipts, deliveries and Nominations. (vii) No Delivery Quantities shall be considered or accepted if beyond the amount of Shipper Crude Oil which Shipper has readily accessible for delivery to Gatherer. If Shipper is unable to deliver Shipper Crude Oil equal to its Delivery Quantities, its Delivery Quantities for the succeeding Month may be reduced by the amount of Delivery Quantities not utilized during the preceding Month if apportionment is necessary. (viii) Notwithstanding anything to the contrary herein (A) the Nominations made by Shipper shall, with respect to each Receipt Point and Delivery Point subject to such Nomination, be made at Daily rates that are reasonably even and constant, and (B) Shipper may not make any Nomination in excess of the applicable capacity constraints for any Delivery Point or Receipt Point.

Nomination Procedures. Each Nomination shall (x) Pursuant to the terms of this Agreement, the nomination procedures detailed in this Section will be prepared utilized by Shipper and submitted with respect to Gatherer as soon as possible Gathering of Gas hereunder. All nominations must be made by Shipper or Shipper’s designee Should Interconnecting Pipelines receiving Gas revise their nomination requirements in a mutually agreed form manner that conflicts with the nomination procedures herein, the Parties agree to negotiate changes to the nomination procedures herein as are reasonably required. (a) Shipper’s nomination(s) shall be accepted and scheduled for delivery by Gatherer to the extent that (yi) contain customary information regarding Gas is sufficient to support the applicable receipt and/or delivery of nominations, (ii) Shipper Crude Oil to or from has sufficient capacity in the Gathering System, as the case may be, allocated to Shipper pursuant to the terms and conditions of this Agreement, and (iii) the party receiving Gas at the Redelivery Points accepts Shipper’s nominations. Upon being scheduled for delivery, Gatherer’s dispatcher shall thereupon advise Shipper in writing, via fax, e-mail or web-based nomination process, of the quantity scheduled for Gathering (a “Scheduled Nomination”) and the reason for any failure to schedule any Gas nominated by Shipper. (ib) Shipper shall submit to Gatherer, either verbally or in writing and no later than 10:00 a.m. CCT of the 20th Day The designated operator of each Month, Shipper’s best estimate Receipt Point will provide Gatherer with the percentage of the Daily volume of Gas attributable to each Shipper Crude Oil that Shipper intends to deliver to Gatherer at each Receipt Point for on the following Month (Gathering System. Gatherer will apply such percentages to determine Shipper’s volume in MMBtus of Gas received by Gatherer at the “Delivery Quantities”Receipt Point(s). Such estimate percentages may be updated upon notice from the designated operator to Gatherer at any time (c) Each nomination shall be made in conformance with the North American Energy Standards Board timeline as follows, which may change from time to time (all timelines are stated in Barrels per Central Time): Cycle I (Timely) 11:30 AM 9.00 AM Next Day Cycle 2 (Evening) 6:00 PM 9.00 AM Next Day Cycle 3 (Intra-day 1) 10:00 AM 5:00 PM Same Day Cycle 4 (Intra-day 2) 5:00 PM 9:00 PM Same Day. (iid) On Shipper shall provide to Gatherer’s dispatcher in writing, via fax, e-mail, or before web-based nomination process the 20th Day actual daily nominations of the quantities to be delivered by Gatherer for Shipper’s account at each MonthRedelivery Point in accordance with Gatherer’s requirements. Such nominations shall include the information requested by Gatherer, and Gatherer shall maintain a record of such nominations. By July 1, 2010, Gatherer willshall incorporate a web-based electronic bulletin board nomination system which will allow Shipper nominations during each nomination cycle identified in Section 6.2 (c). From the Effective Date until such time that the web-based electronic bulletin board nomination system is fully operational, subject to Section 1.2(a)(v) of the Operating Terms below and the validation of Nominations by Downstream Facilities, notify Shipper of all non-confirmed or otherwise invalid Delivery Quantities for the following Month for each Receipt Point. Gatherer will provide Shipper with confirmation in writing of the confirmed Delivery Quantities.opportunity to make nomination changes each cycle via e-mail or facsimile correspondence (iiie) If Gatherer may, but is not obligated to, accept (i) any nomination which exceeds Shipper’s allocated capacity on the Gathering System, as the case may be, or (ii) any revisions to a prior nomination which result in an increase in quantities of Gas Shipper desires to modify the Delivery Quantities for deliver to a Receipt Redelivery Point for any time after Gatherer accepts and validates the Delivery Quantities, Shipper must notify Gatherer which are not supported by increased deliveries of such modification at least two Days prior Gas to the beginning of any such modification of Delivery Quantities. Gatherer will notify Shipper Gathering System, as soon as practicable if such modified Delivery Quantities are non-confirmed or otherwise invalidthe case may be. (iv) Shipper shall make any necessary arrangements to be able to deliver the Delivery Quantities to Gatherer at the Receipt Points. (v) Shipper shall make any necessary arrangements for downstream transportation of Shipper Crude Oil from the Delivery Points to enable Gatherer to make deliveries to the applicable Downstream Facilities for the account of Shipper at such Delivery Points. Such arrangements shall include Shipper’s Nomination of the Delivery Quantities for transportation from the Delivery Points on the applicable Downstream Facilities. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (vi) It is recognized that for a given Month, a Shipper Crude Oil imbalance between the Receipt Points and Delivery Points may exist. Gatherer shall calculate and track all imbalances and include same in its Monthly statement. The Parties agree to make a good faith effort to correct any actual Monthly imbalances by subsequent nominations and deliveries of Shipper Crude Oil during the remainder of the Month or the next Month, including the adjustments of receipts, deliveries and Nominations. (vii) No Delivery Quantities shall be considered or accepted if beyond the amount of Shipper Crude Oil which Shipper has readily accessible for delivery to Gatherer. If Shipper is unable to deliver Shipper Crude Oil equal to its Delivery Quantities, its Delivery Quantities for the succeeding Month may be reduced by the amount of Delivery Quantities not utilized during the preceding Month if apportionment is necessary. (viii) Notwithstanding anything to the contrary herein (A) the Nominations made by Shipper shall, with respect to each Receipt Point and Delivery Point subject to such Nomination, be made at Daily rates that are reasonably even and constant, and (B) Shipper may not make any Nomination in excess of the applicable capacity constraints for any Delivery Point or Receipt Point.

Nomination Procedures. Each Nomination shall (x) be prepared by Shipper and submitted to Gatherer as soon as possible in a mutually agreed form and (y) contain customary information regarding the applicable receipt and/or delivery of Shipper Crude Oil to or from the Gathering System. (i) Shipper shall submit to Gatherer, either verbally or in writing and no later than 10:00 a.m. CCT of the 20th Day of each Month, Shipper’s Xxxxxxx's best estimate of the Daily volume of Shipper Crude Oil that Shipper intends to deliver to Gatherer at each Receipt Point for the following Month (the “"Delivery Quantities”"). Such estimate shall be stated in Barrels per Day. (ii) On or before the 20th Day of each Month, Gatherer will, subject to Section 1.2(a)(v) of the Operating Terms below and the validation of Nominations by Downstream Facilities, notify Shipper of all non-confirmed or otherwise invalid Delivery Quantities for the following Month for each Receipt Point. Gatherer will provide Shipper with confirmation in writing of the confirmed Delivery Quantities. (iii) If Shipper desires to modify the Delivery Quantities for a Receipt Point for any time after Gatherer Xxxxxxxx accepts and validates the Delivery Quantities, Shipper must notify Gatherer of such modification at least two Days prior to the beginning of any such modification of Delivery Quantities. Gatherer will notify Shipper as soon as practicable if such modified Delivery Quantities are non-confirmed or otherwise invalid. (iv) Shipper shall make any necessary arrangements to be able to deliver the Delivery Quantities to Gatherer at the Receipt Points. (v) Shipper shall make any necessary arrangements for downstream transportation of Shipper Crude Oil from the Delivery Points to enable Gatherer to make deliveries to the applicable Downstream Facilities for the account of Shipper at such Delivery Points. Such arrangements shall include Shipper’s Xxxxxxx's Nomination of the Delivery Quantities for transportation from the Delivery Points on the applicable Downstream Facilities. TERMS IN CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS BRACKETS (“[**)*]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. (vi) It is recognized that for a given Month, a Shipper Crude Oil imbalance between the Receipt Points and Delivery Points may exist. Gatherer Xxxxxxxx shall calculate and track all imbalances and include same in its Monthly statement. The Parties agree to make a good faith effort to correct any actual Monthly imbalances by subsequent nominations and deliveries of Shipper Crude Oil during the remainder of the Month or the next Month, including the adjustments of receipts, deliveries and Nominations. (vii) No Delivery Quantities shall be considered or accepted if beyond the amount of Shipper Crude Oil which Shipper has readily accessible for delivery to Gatherer. If Shipper is unable to deliver Shipper Crude Oil equal to its Delivery Quantities, its Delivery Quantities for the succeeding Month may be reduced by the amount of Delivery Quantities not utilized during the preceding Month if apportionment is necessary. (viii) Notwithstanding anything to the contrary herein (A) the Nominations made by Shipper shall, with respect to each Receipt Point and Delivery Point subject to such Nomination, be made at Daily rates that are reasonably even and constant, and (B) Shipper may not make any Nomination in excess of the applicable capacity constraints for any Delivery Point or Receipt Point.

Nomination Procedures. Each Nomination shall (x) Pursuant to the terms of this Agreement, the nomination procedures detailed in this Section will be prepared utilized by the Parties with respect to the Services provided hereunder. All nominations must be made by Shipper and submitted to Gatherer as soon as possible in a mutually agreed form and (y) contain customary information regarding or Shipper’s designee. For the applicable receipt and/or delivery purposes of this Article 11, Shipper’s Gas shall include Third Party Shipper Crude Oil to or from the Gathering SystemGas. (a) Shipper and Similarly Situated Shippers shall have priority service over all Other Shippers and Shipper’s and Similarly Situated Shippers’ nominations to the Delivery Points shall be placed in advance of all Other Shippers. To the extent a Delivery Point does not have capacity for the cumulative volumes from Shipper and Other Shippers’ nominations, Gatherer will advise each Other Shipper to reduce its nominations to ensure that Shipper’s Gas and Similarly Situated Shippers’ Gas receive priority service. (b) Shipper’s nominations hereunder shall be accepted and scheduled for delivery by Gatherer to the extent (i) Shipper’s Gas (including any Imbalance Gas) hereunder is sufficient to support such nominations, (ii) available capacity exists to provide Services with respect to such Gas (which capacity shall be allocated to Shipper in accordance with Section 2.6), and (iii) the party receiving Gas at each Delivery Point accepts Shipper’s nominations. Upon being scheduled for delivery, Gatherer’s dispatcher shall thereupon advise Shipper in writing, via fax, e-mail, or web-based nomination process of the quantity scheduled for Services hereunder (a “Scheduled Nomination”) and the reason for any failure to schedule any of Shipper’s Gas nominated by Shipper. (c) Each nomination shall be made in conformance with the North American Energy Standards Board nominations timeline, which may change from time to time. (d) Shipper shall submit provide to Gatherer’s dispatcher in writing, either verbally via fax, e-mail, or in writing and no later than 10:00 a.m. CCT web-based nomination process the actual daily nominations of the 20th Day of each Month, quantities to be delivered hereunder by Gatherer for Shipper’s best estimate of the Daily volume of Shipper Crude Oil that Shipper intends to deliver to Gatherer account at each Receipt Delivery Point for the following Month (the “Delivery Quantities”)in accordance with Gatherer’s requirements. Such estimate nominations shall be stated in Barrels per Dayinclude the information requested by Gatherer, and Gatherer shall maintain a record of such nominations. (iie) On or before Gatherer shall have the 20th Day right to refuse receipt of each Monthvolumes of Shipper’s Gas from Shipper to the extent they exceed Scheduled Nominations provided that Gatherer gives Shipper notice of such refusal. In that regard, Gatherer willmay require that Shipper cease or curtail deliveries of Shipper’s Gas to match production with Scheduled Nominations; provided, subject to Section 1.2(a)(v) of the Operating Terms below and the validation of Nominations by Downstream Facilitieshowever, notify Shipper of all non-confirmed or otherwise invalid Delivery Quantities for the following Month for each Receipt Point. Gatherer will provide Shipper with confirmation in writing of the confirmed Delivery Quantities. (iii) If Shipper desires to modify the Delivery Quantities for a Receipt Point for any time after Gatherer accepts and validates the Delivery Quantities, Shipper must notify Gatherer of such modification at least two Days prior that to the beginning of extent available capacity exists, Gatherer shall accept any such modification of Delivery Quantities. Gatherer will notify Shipper as soon as practicable if such modified Delivery Quantities are non-confirmed or otherwise invalid. (iv) Shipper shall make any necessary arrangements to be able to deliver the Delivery Quantities to Gatherer at the Receipt Points. (v) Shipper shall make any necessary arrangements for downstream transportation of Shipper Crude Oil from the Delivery Points to enable Gatherer to make deliveries to the applicable Downstream Facilities for the account of Shipper at such Delivery Points. Such arrangements shall include increase in Shipper’s Nomination of the Delivery Quantities for transportation from the Delivery Points on the applicable Downstream Facilities. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (vi) It is recognized that for a given Month, a Shipper Crude Oil imbalance between the Receipt Points and Delivery Points may exist. Gatherer shall calculate and track all imbalances and include same in its Monthly statement. The Parties agree to make a good faith effort to correct any actual Monthly imbalances by subsequent nominations and deliveries of Shipper Crude Oil during the remainder of the Month or the next Month, including the adjustments of receipts, deliveries and Nominations. (vii) No Delivery Quantities shall be considered or accepted if beyond the amount of Shipper Crude Oil which Shipper has readily accessible for delivery to Gatherer. If Shipper is unable to deliver Shipper Crude Oil equal to its Delivery Quantities, its Delivery Quantities for the succeeding Month may be reduced by the amount of Delivery Quantities not utilized during the preceding Month if apportionment is necessary. (viii) Notwithstanding anything to the contrary herein (A) the Scheduled Nominations made by Shipper shall, with respect or its designee to each Receipt Point and match the delivered Volumes to receive such Gas so that Shipper does not have to cease or curtail deliveries. (f) Gatherer shall accept any revisions to a prior Scheduled Nomination which result in an increase in volume of Gas Shipper desires to deliver to the Delivery Point subject to such Nomination, be made that is supported by corresponding increases in physical volume available at Daily rates that are reasonably even and constant, and (B) Shipper may not make any Nomination in excess of the applicable capacity constraints for any Delivery Point or Receipt Point.