Common use of Operational Flow Order Clause in Contracts

Operational Flow Order. 8.1. If, in Gatherer’s reasonable discretion, it is necessary in order to preserve the overall operational integrity of the Gathering System, or to enable Gatherer to provide the service set forth in this Agreement, Gatherer may issue an “Operational Flow Order,” for a period of time that is no longer than reasonably necessary, as follows: (a) The Operational Flow Order will identify with specificity the operational problem to be addressed, the action(s) Shipper must take, the time by which Shipper must take the specified action(s), and the period during which the Operational Flow Order will be in effect. Gatherer will provide as much advance notice to Shipper as is operationally feasible before issuing an Operational Flow Order. (b) An Operational Flow Order may require Shipper to take any of the following actions or similar actions: (i) commence or increase supply inputs into the Gathering System at specific Receipt Point(s), or shift supply inputs (in whole or in part) to different Receipt Point(s); or, alternatively, cease or reduce Deliveries from the Gathering System at specific Delivery Point(s); (ii) cease or reduce supply inputs into the Gathering System at specific Receipt Point(s); or, alternatively, commence or increase Deliveries of Gas from the Gathering System at specific Delivery Point(s), or shift Deliveries to different Delivery Point(s); (iii) eliminate gathering imbalances; (iv) change the supply mix or quantities into the Gathering System at specific Receipt Point(s); (v) conform actual Receipts and Deliveries to nominated Receipts and Deliveries; (vi) delay changes in Deliveries at the Delivery Point(s) up to 24 hours to account for the molecular movement of Gas; or (vii) such other actions requested by Gatherer that are within Shipper’s control which would tend to alleviate the situation to be addressed. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Operational Flow Order. 8.1. If, in Gatherer’s reasonable Transporter's sole discretion, it is necessary or desirable in order to preserve the overall operational balance or integrity of the Gathering SystemTransporter's system, Transporter may issue an "Operational Flow Order". 7.4.1 An Operational Flow Order may be issued if Transporter determines that changes in receipts or deliveries are necessary to maintain overall operational balance of Transporter's system or to enable Gatherer Transporter to provide the service services set forth in this AgreementStatement of Operating Conditions, Gatherer may issue an “Operational Flow Order,” for a period of time that is no longer than reasonably necessary, as follows: (a) the Service Agreement and/or its Confirmation. The Operational Flow Order will identify with specificity the operational problem to be addressed, the action(s) Shipper must take, the time by which Shipper must take the specified action(s), and the period during which the Operational Flow Order will be in effect. Gatherer Transporter will provide as much advance prior notice as possible, but not less than three (3) hours, to Shipper as is operationally feasible before issuing of actions Shipper must take to comply with an Operational Flow Order; provided that action by Shipper can be required on less than three (3) hours' notice if the nature of the Operational Flow Order is due to safety concerns or to protect the integrity of Transporter's pipeline system. (b) 7.4.2 An Operational Flow Order may require Shipper to take any of the following actions or similar actions: (ia) commence Commence or increase supply inputs into the Gathering System Transporter's pipeline system at specific Receipt Point(s), or shift supply inputs (in whole or in part) to different Receipt Point(s); or, alternatively, cease or reduce Deliveries deliveries from the Gathering System Transporter's pipeline system at specific Delivery Point(s);, both as directed by Transporter. (iib) cease Cease or reduce supply inputs into the Gathering System Transporter's pipeline system at specific Receipt Point(s); ) or, alternatively, commence or increase Deliveries deliveries of Gas from the Gathering System Transporter's pipeline system at specific Delivery Point(s), or shift Deliveries to different Delivery Point(s);both as directed by Transporter. (iiic) eliminate gathering Eliminate any transportation imbalances;, as directed by Transporter. (ivd) change the supply mix or quantities into the Gathering System at specific Receipt Point(s);Conform actual receipts and deliveries to nominated and scheduled receipts and deliveries. (ve) conform actual Receipts and Deliveries to nominated Receipts and Deliveries; (vi) delay Delay changes in Deliveries at the Delivery Point(s) deliveries up to 24 twenty-four (24) hours to account for the molecular movement of Gas; or. (viif) such Such other actions requested by Gatherer that are within Shipper’s 's control which that would tend to alleviate the operational situation to be addressed. *** Certain information . 7.4.3 Neither the Hourly Imbalance Fee under Section 7.3.2, the Daily Imbalance Fee under Section 7.5, nor the Cumulative Operational Imbalance Fee under Section 7.5 will apply to Shipper's actions taken in compliance with Operational Flow Orders. 7.4.4 Should Shipper fail to adjust its receipts and/or deliveries in compliance with an Operational Flow Order, then in addition to the charges set forth in Section 7.3.2, Shipper must pay Transporter a charge equal to the highest daily price of gas at the location closest to the applicable Receipt Point(s) or Delivery Point(s) as stated in Gas Daily plus two dollars ($2.00) or if Gas Daily is unavailable another similar publication plus two dollars ($2.00), or ten dollars ($10.00), whichever is greater, for each MMBtu received or delivered under the Confirmation at the Receipt Point(s) or Delivery Point(s) during each hour in which deliveries are greater than 110% or less than 90% of the Scheduled Quantities at the Receipt Point(s) for such hour, less Retention Volume, while the Operational Flow Order is in effect. 7.4.5 Should Shipper fail to abide by an Operational Flow Order issued pursuant to this document has been omitted Section 7.4, Shipper will also be responsible for any and filed separately all damages asserted by any third parties, and will indemnify Transporter against any claims by any third parties resulting from Shipper's failure to comply with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portionsOperational Flow Order.

Operational Flow Order. 8.1. If, in GathererTransporter’s reasonable sole discretion, it is necessary or desirable in order to preserve the overall operational integrity balance of the Gathering SystemTransporter’s system, or to enable Gatherer to provide the service set forth in this Agreement, Gatherer Transporter may issue an “Operational Flow Order,” for a period of time that is no longer than reasonably necessary, as follows:.” (a) An Operational Flow Order may be issued if Transporter determines that changes in receipts or deliveries are necessary to maintain overall operational balance of Transporter’s system or to enable Transporter to provide the services set forth in this Statement of Operating Conditions, the Service Agreement and/or its Confirmation. The Operational Flow Order will identify with specificity the operational problem to be addressed, the action(s) Shipper must take, the time by which Shipper must take the specified action(s), and the period during which the Operational Flow Order will be in effect. Gatherer Transporter will provide as much advance prior notice as possible, but not less than three hours, to Shipper as is operationally feasible before issuing of actions Shipper must take to comply with an Operational Flow Order, unless the nature of the Operational Flow Order is due to safety concerns or to protect the integrity of Transporter’s pipeline system. (b) An Operational Flow Order may require Shipper to take any of the following actions or similar actions: (i) commence Commence or increase supply inputs into the Gathering System Transporter’s pipeline system at specific Receipt Point(s)) as permitted by Transporter, or shift supply inputs (in whole or in part) to different Receipt Point(s); or, alternatively, cease or reduce Deliveries deliveries from the Gathering System Transporter’s pipeline system at specific Delivery Point(s);. (ii) cease Cease or reduce supply inputs into the Gathering System Transporter’s pipeline system at specific Receipt Point(s); ) or, alternatively, commence or increase Deliveries deliveries of Gas from the Gathering System Transporter’s pipeline system at specific Delivery Point(s), or shift Deliveries to different Delivery Point(s);) as permitted by Transporter. (iii) eliminate gathering Eliminate any transportation imbalances;, as directed by Transporter. (iv) change the supply mix or quantities into the Gathering System at specific Receipt Point(s);Conform actual receipts and deliveries to nominated and scheduled receipts and deliveries. (v) conform actual Receipts and Deliveries to nominated Receipts and Deliveries; (vi) delay Delay changes in Deliveries at the Delivery Point(s) deliveries up to 24 twenty-four hours to account for the molecular movement of Gas; or. (viivi) such Such other actions requested by Gatherer that are within Shipper’s control which that would tend to alleviate the situation to be addressed. *** Certain information . (c) Neither the Hourly Imbalance Fee under Section 7.3.2 nor the Cumulative Operational Imbalance Fee under Section 7.5 will apply to Shipper’s actions taken in compliance with Operational Flow Orders. (d) Should Shipper fail to adjust its receipts and/or deliveries in compliance with an Operational Flow Order, then in addition to the charges set forth in Section 7.3.2, Shipper must pay Transporter a charge equal to the highest daily price of gas at the location closest to the applicable Delivery Point(s) as stated in Gas Daily plus two dollars ($2.00) or if Gas Daily is unavailable another similar publication plus two dollars ($2.00), or ten dollars ($10.00), whichever is greater, for each MMBtu delivered under the Confirmation at the Delivery Point(s) during each hour in which deliveries are greater than 110% or less than 90% of the Scheduled Quantities at the Receipt Point(s) for such hour, less Retention Volume, while the Operational Flow Order is in effect. (e) Should Shipper fail to abide by an Operational Flow Order issued pursuant to this document has been omitted Section 7.4, Shipper will also be responsible for any and filed separately all damages asserted by any third parties, and will indemnify Transporter against any claims by any third parties resulting from Shipper’s failure to comply with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portionsOperational Flow Order.

Operational Flow Order. 8.1. If, in GathererTransporter’s reasonable sole discretion, it is necessary or desirable in order to preserve the overall operational balance or integrity of the Gathering SystemTransporter’s system, Transporter may issue an "Operational Flow Order". 7.4.1 An Operational Flow Order may be issued if Transporter determines that changes in receipts or deliveries are necessary to maintain overall operational balance of Transporter’s system or to enable Gatherer Transporter to provide the service services set forth in this AgreementStatement of Operating Conditions, Gatherer may issue an “Operational Flow Order,” for a period of time that is no longer than reasonably necessary, as follows: (a) the Service Agreement and/or its Confirmation. The Operational Flow Order will identify with specificity the operational problem to be addressed, the action(s) Shipper must take, the time by which Shipper must take the specified action(s), and the period during which the Operational Flow Order will be in effect. Gatherer Transporter will provide as much advance prior notice as possible, but not less than three hours, to Shipper as is operationally feasible before issuing of actions Shipper must take to comply with an Operational Flow Order; provided that action by Shipper can be required on less than three hours notice if the nature of the Operational Flow Order is due to safety concerns or to protect the integrity of Transporter’s pipeline system. (b) 7.4.2 An Operational Flow Order may require Shipper to take any of the following actions or similar actions: (ia) commence Commence or increase supply inputs into the Gathering System Transporter’s pipeline system at specific Receipt Point(s), or shift supply inputs (in whole or in part) to different Receipt Point(s); or, alternatively, cease or reduce Deliveries deliveries from the Gathering System Transporter’s pipeline system at specific Delivery Point(s);, both as directed by Transporter. (iib) cease Cease or reduce supply inputs into the Gathering System Transporter’s pipeline system at specific Receipt Point(s); ) or, alternatively, commence or increase Deliveries deliveries of Gas from the Gathering System Transporter’s pipeline system at specific Delivery Point(s), or shift Deliveries to different Delivery Point(s);both as directed by Transporter. (iiic) eliminate gathering Eliminate any transportation imbalances;, as directed by Transporter. (ivd) change the supply mix or quantities into the Gathering System at specific Receipt Point(s);Conform actual receipts and deliveries to nominated and scheduled receipts and deliveries. (ve) conform actual Receipts and Deliveries to nominated Receipts and Deliveries; (vi) delay Delay changes in Deliveries at the Delivery Point(s) deliveries up to 24 twenty-four hours to account for the molecular movement of Gas; or. (viif) such Such other actions requested by Gatherer that are within Shipper’s control which that would tend to alleviate the operational situation to be addressed. *** Certain information . 7.4.3 Neither the Hourly Imbalance Fee under Section 7.3.2, the Daily Imbalance Fee under Section 7.5, nor the Cumulative Operational Imbalance Fee under Section 7.5 will apply to Shipper’s actions taken in compliance with Operational Flow Orders. 7.4.4 Should Shipper fail to adjust its receipts and/or deliveries in compliance with an Operational Flow Order, then in addition to the charges set forth in Section 7.3.2, Shipper must pay Transporter a charge equal to the highest daily price of gas at the location closest to the applicable Receipt Point(s) or Delivery Point(s) as stated in Gas Daily plus two dollars ($2.00) or if Gas Daily is unavailable another similar publication plus two dollars ($2.00), or ten dollars ($10.00), whichever is greater, for each MMBtu received or delivered under the Confirmation at the Receipt Point(s) or Delivery Point(s) during each hour in which deliveries are greater than 110% or less than 90% of the Scheduled Quantities at the Receipt Point(s) for such hour, less Retention Volume, while the Operational Flow Order is in effect. 7.4.5 Should Shipper fail to abide by an Operational Flow Order issued pursuant to this document has been omitted Section 7.4, Shipper will also be responsible for any and filed separately all damages asserted by any third parties, and will indemnify Transporter against any claims by any third parties resulting from Shipper's failure to comply with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portionsOperational Flow Order.