Common use of Non-Conforming Gas Clause in Contracts

Non-Conforming Gas. Gatherer, at its option, may refuse to accept receipt of any Gas not meeting the quality specifications set out herein. Thereafter, Owner shall have the right to conform the Gas to the above specifications. If Owner does not elect to conform the Gas to said specifications, then Gatherer may accept Gas tendered by Owner hereunder which does not meet the specifications above, treat same to conform to said specifications and charge Owner a mutually agreeable fee. If, at any time, Owner determines that Gatherer's treating costs can no longer be economically justified, Owner shall so notify Gatherer in writing and in the event Gatherer is unable or unwilling to adjust such treating costs to a level acceptable to Owner, Owner shall have the right to obtain the release of such Well and the affected producing formation from the terms of this Agreement. If neither Gatherer nor Owner elects to treat the Gas to conform to the above specifications or such treatment is terminated, then Gatherer shall upon thirty (30) Days prior written notice from Owner, release from the provisions of the Agreement the Well (as to the producing formation only) from which such Gas is produced. The receipt by Gatherer of Gas which fails to meet any one of the above requirements shall not be held to be a waiver of Gatherer's right to refuse future delivery of such Gas.

Appears in 4 contracts

Samples: Gathering Services Agreement, Gathering Services Agreement, Gathering Services Agreement

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Non-Conforming Gas. Gatherer, at its option, may refuse to accept receipt of any Gas not meeting the quality specifications set out herein. Thereafter, Owner shall have the right to conform the Gas to the above specifications. If Owner does not elect to conform the Gas to said specifications, then Gatherer may accept Gas tendered by Owner hereunder which does not meet the specifications above, treat same to conform to said specifications and charge Owner a mutually agreeable fee. If, at any time, Owner determines that Gatherer's treating costs can no longer be economically justified, Owner shall so notify Gatherer in writing and in the event Gatherer is unable or unwilling to adjust such treating costs to a level acceptable to Owner, Owner shall have the right to obtain the release of such Well well and the affected producing formation from the terms of this Agreement. If neither Gatherer nor Owner elects to treat the Gas to conform to the above specifications or such treatment is terminated, then Gatherer shall upon thirty (30) Days prior written notice from Owner, release from the provisions of the Agreement the Well well (as to the producing formation only) from which such Gas is produced. The receipt by Gatherer of Gas which fails to meet any one of the above requirements shall not be held to be a waiver of Gatherer's right to refuse future delivery of such Gas.

Appears in 4 contracts

Samples: Gathering Services Agreement, Gathering Services Agreement, Gathering Services Agreement

Non-Conforming Gas. Gatherer, at its option, may refuse to accept receipt of any Gas not meeting the quality specifications set out herein. Thereafter, Owner shall have the right to conform the Gas to the above specifications. If Owner does not elect to conform the Gas to said specifications, then Gatherer may accept Gas tendered by Owner hereunder which does not meet the specifications above, treat same to conform to said specifications and charge Owner a mutually agreeable fee. If, at any time, Owner determines that Gatherer's treating costs can no longer be economically justified, Owner shall so notify Gatherer in writing and in the event Gatherer is unable or unwilling to adjust such treating costs to a level acceptable to Owner, Owner shall have the right to obtain the release of such Well well and the affected producing formation from the terms of this Agreement. If neither Gatherer nor Owner elects to treat the Gas to conform to the above specifications or such treatment is terminated, then Gatherer shall upon thirty (30) Days prior written notice from Owner, release from the provisions of the Agreement the Well well and acreage (as to the producing formation only) from which such Gas is produced. The receipt by Gatherer of Gas which fails to meet any one of the above requirements shall not be held to be a waiver of Gatherer's right to refuse future delivery of such Gas.

Appears in 2 contracts

Samples: Gathering Services Agreement, Gathering Services Agreement

Non-Conforming Gas. Gatherer, at its option, may refuse to accept receipt of any Gas not meeting the quality specifications set out hereinSpecifications then in effect. ThereafterIf Gatherer refuses to accept Owner’s non-conforming Gas, Owner shall have the right to conform the Gas to the above specificationsSpecifications then in effect. If Owner does not elect to conform the Gas to said specificationsSpecifications, then Gatherer Gatherer, in its sole discretion, may accept Gas tendered by Owner hereunder which does not meet the specifications aboveSpecifications, treat same to conform to said specifications Specifications and charge Owner a mutually agreeable fee. If, at any time, Owner determines that Gatherer's ’s treating costs can no longer be economically justified, Owner shall so notify Gatherer in writing and in the event Gatherer is unable or unwilling to adjust such treating costs to a level acceptable to OwnerOwner within 30 days of the receipt of notice, Owner shall have the right to obtain the release of such Well and well as to the affected producing formation from the terms of this Agreement. If neither Gatherer nor Owner elects to treat the Gas to conform to the above specifications Specifications or such treatment is terminated, then Gatherer shall upon thirty (30) Days days’ prior written notice from Owner, release from the provisions of the Agreement the Well well (as to the producing formation only) from which such Gas is produced. The receipt by Gatherer of Gas which fails to meet any one of the above requirements Specifications shall not be held to be a waiver of Gatherer's ’s right to refuse future delivery of such non-conforming Gas.

Appears in 1 contract

Samples: Gathering Services Agreement (PRB Gas Transportation, Inc.)

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Non-Conforming Gas. Gatherer, at its option, may refuse to accept receipt of any Gas not meeting the quality specifications set out herein. Thereafter, Owner shall have the right to conform the Gas to the above specifications. If Owner does not elect to conform the Gas to said specifications, then Gatherer may accept Gas tendered by Owner hereunder which does not meet the specifications above, treat same to conform to said specifications and charge Owner a mutually agreeable fee. If, at any time, Owner determines that Gatherer's treating costs can no longer be economically justified, Owner shall so notify Gatherer in writing and in the event Gatherer is unable or unwilling to adjust such treating costs to a level acceptable to Owner, Owner shall have the right to obtain the release of such Well Xxxxx upstream of the Measurement Point and the affected producing formation from the terms of this Agreement. If neither Gatherer nor Owner elects to treat the Gas to conform to the above specifications or such treatment is terminated, then Gatherer shall upon thirty (30) Days prior written notice from Owner, release from the provisions of the Agreement the Well (as to the producing formation only) from which such Gas is produced. The receipt by Gatherer of Gas which fails to meet any one of the above requirements shall not be held to be a waiver of Gatherer's right to refuse future delivery of such Gas.

Appears in 1 contract

Samples: Gathering Services Agreement

Non-Conforming Gas. GathererGathererService Provider, at its option, may refuse to accept receipt of any Gas not meeting the quality specifications set out herein. Thereafter, Owner shall have the right to conform the Gas to the above specifications. If Owner does not elect to conform the Gas to said specifications, then Gatherer Service Provider may accept Gas tendered by Owner hereunder which does not meet the specifications above, treat same to conform to said specifications and charge Owner a mutually agreeable fee. If, at any time, Owner determines that Gatherer's Gatherer'sService Provider’s treating costs can no longer be economically justified, Owner shall so notify Gatherer Service Provider in writing and in the event Gatherer Service Provider is unable or unwilling to adjust such treating costs to a level acceptable to Owner, Owner shall have the right to obtain the release of such Well well and the affected producing formation from the terms of this Agreement. . If neither Gatherer Service Provider nor Owner elects to treat the Gas to conform to the above specifications or such treatment is terminated, then Gatherer Service Provider shall upon thirty (30) Days prior written notice from Owner, release from the provisions of the Agreement the Well well and acreage (as to the producing formation only) from which such Gas is produced. The receipt by Gatherer Service Provider of Gas which fails to meet any one of the above requirements shall not be held to be a waiver of Gatherer's Gatherer'sService Porvider’s right to refuse future delivery of such Gas.

Appears in 1 contract

Samples: Gathering, Transportation and Compression Services Agreement

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