Non-Operated Properties. Target is a non-operating working interest owner and neither Target nor Nominee have been, or currently are, the operator of any of the Properties.
Non-Operated Properties. If Seller is not the operator of a particular portion of the Assets, the obligations of Seller in Section 8.1 above with respect to such portion of the Assets, which have reference to operations or activities which pursuant to existing contracts are carried out or performed by the operator, shall be construed to require only that Seller use commercially reasonable efforts (without being obligated to incur any expense (unless Buyer has agreed to reimburse Seller therefor) or institute any cause of action) to cause the operator of such portion of the Assets to take such actions or render such performance within the constraints of the applicable operating agreements and other applicable agreements.
Non-Operated Properties. If Seller is not the operator of a particular portion of the Assets, the obligations of Seller in Section 9.1 with respect to such portion of the Assets, which have reference to operations or activities that pursuant to existing contracts are carried out or performed by the operator, shall be construed to require only that Seller use its reasonable best efforts (without being obligated to incur any expense or institute any cause of action) to cause the operator of such portion of the Assets to take such actions or render such performance within the constraints of the applicable operating agreements and other applicable agreements.
Non-Operated Properties. If the Company is not the operator of a ----------------------- particular portion of the Assets, the obligations of the Company in Section 8.1 above with respect to such portion of the Assets which have reference to operations or activities that pursuant to existing contracts are carried out or performed by the operator, shall be construed to require only that the Company use reasonable diligence (without being obligated to incur any expense or institute any cause of action) to cause the operator of such portion of the Assets to take such actions or render such performance within the constraints of the applicable operating agreements and other applicable agreements.
Non-Operated Properties. To the extent that ASSIGNOR is not the operator of any portion of the Property, the obligations of ASSIGNOR in Section 10.1 concerning operations or activities that normally, or pursuant to existing contracts are carried out or performed by the operator, shall be construed to require only that ASSIGNOR use all reasonable efforts (without being obligated to incur any expense or institute any cause of action) to cause the operator of such portion of the Property to take such actions or render such performance within the constraints of the applicable operating or other agreements.
Non-Operated Properties. To the extent that KMG and/or KMG Sub is not the operator of any of the Property, the obligations of KMG and/or KMG Sub in Section 10.1 concerning operations or activities that normally, or pursuant to existing contracts are carried out or performed by the operator, shall be construed to require only that KMG and/or KMG Sub use all reasonable efforts (without being obligated to incur any expense or institute any cause of action) to cause the operator of such portion of the Property to take such actions or render such performance within the constraints of the applicable operating or other agreements.
Non-Operated Properties. Notwithstanding anything herein to the contrary, with respect to the representations and warranties in Sections 2.1.5, 2.1.6 and 2.1.7 that relate to Oil & Gas Collateral of any El Paso Pledgor but for which such El Paso Pledgor is not the operator of record, such representations and warranties shall be deemed to be limited to the knowledge of such El Paso Pledgor, after reasonable inquiry.
Non-Operated Properties. Notwithstanding anything herein to the contrary, with respect to any of the covenants in Section 3.1, 3.3 and 3.5 hereof that relate to Oil EXECUTION COPY and Gas Collateral but for which one of the El Paso Pledgors is not the operator of record, then such covenant shall be deemed to be satisfied so long as the such El Paso Pledgor uses reasonable efforts to cause the operator of such Oil and Gas Collateral to comply with such covenants.
Non-Operated Properties. If either Acquired Company is not the operator of a particular portion of the Assets, the obligations of Seller in Section 8.1 with respect to such portion of the Assets, which have reference to operations or activities that pursuant to existing contracts are carried out or performed by the operator, shall be construed to require only that the Acquired Companies exercise their contractual rights in accordance with the foregoing and that Seller use its commercially reasonable efforts (without being obligated to incur any expense or institute any cause of action) to cause either Acquired Company to cause the operator of such portion of the Assets to take or not take such actions or render such performance or not render such performance as required by Section 8.1 within the constraints of the applicable operating agreements and other applicable agreements. Seller shall notify Buyer promptly if the operator of such portion of the Assets fails to take action or takes action prescribed in Section 8.1 promptly after the taking of any such action or the failure to take any such action.
Non-Operated Properties
