Common use of Other System Plan Content Clause in Contracts

Other System Plan Content. The System Plan shall include information as to: (i) each Facility Segment then existing and operational, under construction, or planned and the Individual System of which such Facility Segment is a part; (ii) all existing and planned Internal Transfer Points, Receipt Points and Delivery Points served or to be served by each such Facility Segment; (iii) Reserved; (iv) all pumps, treatment, oil, separators, Recovered Oil recovery, and other major physical facilities located or to be located on or within each such Facility Segment, together with their sizes, operating parameters, capacities, and other relevant specifications, which sizes, parameters, capacities and other relevant specifications shall be sufficient to (x) connect the Individual System to the Receipt Points and Delivery Points for all Planned Separator Facilities and (with respect to any Planned Xxxxx not intended to be serviced by a Separator Facility) Planned Xxxxx set forth in the most recent Development Report and (y) perform the Services for all Dedicated Production projected to be produced from the Dedicated Properties as contemplated by the most recent Development Report; (v) the anticipated schedule for completing the construction and installation of the planned Facility Segments, Facility Expansions, and all planned Receipt Points, Internal Transfer Points and Delivery Points, in each case, for all Planned Separator Facilities and Planned Xxxxx, as applicable, included in the most recent Development Report; (vi) the allocation methodologies to be used by Midstream Co with respect to System Gains/Losses, Other System Fuel, Recovered Oil, and other allocations hereunder and, any proposed changes to the allocation methodologies then in effect on the date that Midstream Co delivers a System Plan; all such allocation methodologies shall: (A) be made by Midstream Co in a commercially reasonable manner; and (B) be based upon the measurements taken and quantities determined for the applicable Month for the applicable Individual System or Facility Segment. Midstream Co shall allocate, in a manner that is commercially reasonable and determined by Midstream Co in good faith, to a particular Receipt Point, the Recovered Oil from a Facility Segment; and NAI-1509460209v15 (vii) other information reasonably requested by Producer that is relevant to the design, construction, and operation of the System, the relevant Individual System, the relevant Facility Segment, and the relevant Receipt Points, Internal Transfer Points and Delivery Points; provided, however, that in no event shall Midstream Co be obligated to supply to Producer (A) pricing, budget or similar financial information or (B) information or data that is proprietary or that is covered by a confidentiality agreement or confidentiality obligations;

Other System Plan Content. The System Plan shall include information as to: (i) each Facility Segment then existing and operational, under construction, or planned and the Individual System of which such Facility Segment is a part; (ii) all existing and planned Internal Transfer Points, Receipt Points and Delivery Points served or to be served by each such Facility Segment; (iii) Reserved; (iv) all pumps, treatment, oil, separators, Recovered Oil recovery, and other major physical facilities located or to be located on or within each such Facility Segment, together with their sizes, operating parameters, capacities, and other relevant specifications, which sizes, parameters, capacities and other relevant specifications shall be sufficient to (x) connect the Individual System to the Receipt Points and Delivery Points for all Planned Separator Facilities and (with respect to any Planned Xxxxx not intended to be serviced by a Separator Facility) Planned Xxxxx set forth in the most recent Development Report and (y) perform the Services for all Dedicated Production projected to be produced from the Dedicated Properties as contemplated by the most recent Development Report; (v) the anticipated schedule for completing the construction and installation of the planned Facility Segments, Facility Expansions, and all planned Receipt Points, Internal Transfer Points and Delivery Points, in each case, for all Planned Separator Facilities and Planned Xxxxx, as applicable, included in the most recent Development Report; (vi) the allocation methodologies to be used by Midstream Co with respect to System Gains/Gains/ Losses, Other System Fuel, Recovered Oil, and other allocations hereunder and, and any proposed changes to the allocation methodologies then that are currently in effect on the date that Midstream Co delivers a System Plan; all such allocation methodologies shall: (A) be made by Midstream Co in a commercially reasonable manner; and (B) be based upon the measurements taken and quantities determined for the applicable Month for the applicable Individual System or Facility Segment. ; and (C) take into account one or more of the following factors for the applicable Individual System or Facility Segment: throughput volumes, System Gains/Losses, total consumption of Other System Fuel, the relative effort required to move the applicable Product through the facilities of Midstream Co and other factors determined in good faith by Midstream Co; provided however, that Midstream Co’s profit shall not be a component in the allocation of System Gains/Losses; and provided, further, that Midstream Co shall have no obligation to allocate back System Gains/Losses or Other System Fuel to a particular Receipt Point; Midstream Co shall allocate, in a manner that is commercially reasonable and determined by Midstream Co in good faith, to a particular Receipt Point, the Recovered Oil from a Facility Segment; and NAI-1509460209v15and (vii) other information reasonably requested by Producer that is relevant to the design, construction, and operation of the System, the relevant Individual System, the relevant Facility Segment, and the relevant Receipt Points, Internal Transfer Points and Delivery Points; provided, however, that in no event shall Midstream Co be obligated to supply to Producer (A) pricing, budget or similar financial information or (B) information or data that is proprietary or that is covered by a confidentiality agreement or confidentiality obligations;.

Other System Plan Content. The System Plan (or, with respect to the allocation procedures described in clause (vi) below, the applicable writing signed by Midstream Co and Producer) shall include information as to: (i) each Facility Segment then existing and operational, under construction, or planned and the Individual System of which such Facility Segment is a part; (ii) all existing and planned Internal Transfer Points, Receipt Points and existing and planned Delivery Points served or to be served by each such Facility Segment; (iii) Reservedestimated gathering pressures for each applicable Facility Segment for the 12 Month period beginning on the earliest Target On-Line Date for the Xxxxx and Separator Facilities to be serviced by such Facility Segment, and the proposed Target Pressure for each Individual System included in the System Plan; (iv) all pumps, heaters, stabilizers, treatment, oil, separators, Recovered Oil recoveryAssociated Water and Flash Gas separation, and other major physical facilities located or to be located on or within each such Facility Segment, together with their sizes, operating parameters, capacities, capacities and other relevant specificationsspecifications (including the maximum operating pressures of the low pressure gathering lines and the high pressure gathering lines), which sizes, parameters, capacities and other relevant specifications shall be sufficient to (xA) connect the Individual System to the existing or planned Receipt Points and Delivery Points for all Planned Separator Facilities and (and, with respect to any Planned Xxxxx not intended to be serviced by a Separator Facility) , Planned Xxxxx set forth in the most recent Development Report Report, and (yB) perform the Services for all Dedicated Production projected to be produced from the Dedicated Properties as contemplated by the most recent Development Report; (v) the anticipated schedule for completing the construction and installation of the planned Facility Segments, Facility Expansions, and all planned Receipt Points, Internal Transfer Points and Delivery Points, in each case, for all Planned Separator Facilities and Planned Xxxxx, as applicable, included in the most recent Development Report; (vi) the allocation methodologies to be used by Midstream Co with respect to System Gains/Losses, Other System Fuel, Recovered Oil, Fuel and other allocations hereunder and(including, to the extent required by a writing signed by Producer and Midstream Co, allocations with respect to Drip Condensate, Recovered Oil and Flash Gas) and any other allocations hereunder, and any proposed changes to the allocation methodologies then that are currently in effect on the date that Midstream Co delivers a System Plan; all such allocation methodologies shall: (A) be made by Midstream Co in a commercially reasonable manner; and (B) be based upon the measurements taken and quantities determined for the applicable Month for the applicable Individual System or Facility Segment. ; and (C) take into account one or more of the following factors for the applicable Individual System or Facility Segment: throughput volumes, total consumption of Other System Fuel, the Thermal Content of Drip Condensate, the Thermal Content of Flash Gas, the relative effort required to move the applicable product through the facilities of Midstream Co and other factors determined in good faith by Midstream Co; provided, however, that Midstream Co’s profit shall not be a component in the allocation of Other System Fuel or, if applicable, Flash Gas or Drip Condensate; provided, that to the extent required by a writing signed by Producer and Midstream Co that includes a waiver and indemnity from Producer to Midstream Co with respect to any and all Claims and expenses arising therefrom or related thereto, Midstream Co shall allocate, in a manner that Midstream Co determines (in its sole discretion) is commercially reasonable and determined able to be reasonably accurately allocated by Midstream Co in good faith, on an Individual System or to a particular Receipt Point, as applicable, the Recovered Oil from a Facility SegmentOil, Flash Gas and/or Drip Condensate, as applicable, on such Individual System or to such Receipt Point; and NAI-1509460209v15and (vii) other information reasonably requested by Producer that is relevant to the design, construction, and operation of the System, the relevant Individual System, the relevant Facility Segment, and the relevant Receipt Points, Internal Transfer Points and Delivery Points; provided, however, that in no event shall Midstream Co be obligated to supply to Producer (A) pricing, budget or similar financial information or (B) information or data that is proprietary or that is covered by a confidentiality agreement or confidentiality obligations;.

Other System Plan Content. The System Plan (or, with respect to the allocation procedures described in clause (vi) below, the applicable writing signed by Midstream Co and Producer) shall include information as to: (i) each Facility Segment then existing and operational, under construction, or planned and the Individual System of which such Facility Segment is a part; (ii) all existing and planned Internal Transfer Points, Receipt Points and existing and planned Delivery Points served or to be served by each such Facility Segment; (iii) Reservedestimated gathering pressures for each applicable Facility Segment for the 12 Month period beginning on the earliest Target On-Line Date for the Xxxxx and Separator Facilities to be serviced by such Facility Segment, and the proposed Target Pressure for each Individual System included in the System Plan; (iv) all pumps, heaters, stabilizers, treatment, oil, separators, Recovered Oil recoveryAssociated Water and Flash Gas separation, and other major physical facilities located or to be located on or within each such Facility Segment, together with their sizes, operating parameters, capacities, and other relevant specificationsspecifications (including the maximum operating pressures of the low pressure gathering lines and the high pressure gathering lines), which sizes, parameters, capacities and other relevant specifications shall be sufficient to (xA) connect the Individual System to the existing or planned Receipt Points and Delivery Points for all Planned Separator Facilities and (and, with respect to any Planned Xxxxx not intended to be serviced by a Separator Facility) , Planned Xxxxx set forth in the most recent Development Report Report, and (yB) perform the Services for all Dedicated Production projected to be produced from the Dedicated Properties as contemplated by the most recent Development Report; (v) the anticipated schedule for completing the construction and installation of the planned Facility Segments, Facility Expansions, and all planned Receipt Points, Internal Transfer Points and Delivery Points, in each case, for all Planned Separator Facilities and Planned Xxxxx, as applicable, included in the most recent Development Report; (vi) the allocation methodologies to be used by Midstream Co with respect to System Gains/Losses, Other System Fuel, Recovered Oil, Fuel and other allocations hereunder and(including, to the extent required by a writing signed by Producer and Midstream Co, allocations with respect to Drip Condensate, Recovered Oil and Flash Gas) and any other allocations hereunder, and any proposed changes to the allocation methodologies then that are currently in effect on the date that Midstream Co delivers a System Plan; all such allocation methodologies shall: (A) be made by Midstream Co in a commercially reasonable manner; and (B) be based upon the measurements taken and quantities determined for the applicable Month for the applicable Individual System or Facility Segment. ; and (C) take into account one or more of the following factors for the applicable Individual System or Facility Segment: throughput volumes, total consumption of System Fuel and Other System Fuel, System L&U, the Thermal Content of Drip Condensate, the Thermal Content of Flash Gas, the relative effort required to move the applicable product through the facilities of Midstream Co and other factors determined in good faith by Midstream Co; provided, however, that Midstream Co’s profit shall not be a component in the allocation of Other System Fuel, or, if applicable, Flash Gas or Drip Condensate;] provided, that to the extent required by a writing signed by Producer and Midstream Co that includes a waiver and indemnity from Producer to Midstream Co with respect to any and all Claims and expenses arising therefrom or related thereto, Midstream Co shall allocate, in a manner that Midstream Co determines (in its sole discretion) is commercially reasonable and determined able to be reasonably accurately allocated by Midstream Co in good faith, on an Individual System or to a particular Receipt Point, as applicable, the Recovered Oil from a Facility SegmentOil, Flash Gas or Drip Condensate, as applicable, on such Individual System or to such Receipt Point; and NAI-1509460209v15and (vii) other information reasonably requested by Producer that is relevant to the design, construction, and operation of the System, the relevant Individual System, the relevant Facility Segment, and the relevant Receipt Points, Internal Transfer Points and Delivery Points; provided, however, that in no event shall Midstream Co be obligated to supply to Producer (A) pricing, budget or similar financial information or (B) information or data that is proprietary or that is covered by a confidentiality agreement or confidentiality obligations;.

Other System Plan Content. The System Plan (or, with respect to the allocation procedures described in clause (vi) below, the applicable writing signed by Midstream Co and Producer) shall include information as to: (i) each Facility Segment then existing and operational, under construction, or planned and the Individual System of which such Facility Segment is a part; (ii) all existing and planned Internal Transfer Points, Receipt Points and existing and planned Delivery Points served or to be served by each such Facility Segment; (iii) Reservedestimated gathering pressures for each applicable Facility Segment for the 12 Month period beginning on the earliest Target On-Line Date for the Xxxxx and Separator Facilities to be serviced by such Facility Segment, and the proposed Target Pressure and the MAOP for each Individual System included in the System Plan; (iv) all pumps, treatment, oil, separators, Recovered Oil recovery, compression (to the extent stated in Section 5.4(d)) and other major physical facilities located or to be located on or within each such Facility Segment, together with their sizes, operating parameters, capacities, and other relevant specificationsspecifications (including the maximum operating pressures of the low pressure gathering lines), which sizes, parameters, capacities and other relevant specifications shall be sufficient to (xA) connect the Individual System to the existing or planned Receipt Points and Delivery Points for all Planned Separator Facilities and (and, with respect to any Planned Xxxxx not intended to be serviced by a Separator Facility) , Planned Xxxxx set forth in the most recent Development Report and Report; (yB) perform the Services for all Dedicated Production projected to be produced from the Dedicated Properties as contemplated by the most recent Development Report; and (C) permit Product to enter the facilities of Downstream Facilities but at pressures no higher than the MAOP; (v) the anticipated schedule for completing the construction and installation of the planned Facility Segments, Facility Expansions, and all planned Receipt Points, Internal Transfer Points and Delivery Points, in each case, for all Planned Separator Facilities and Planned Xxxxx, as applicable, included in the most recent Development Report; ; (vi) the allocation methodologies to be used by Midstream Co with respect to System Gains/LossesL&U, System Fuel, Other System Fuel, Recovered Oil, and other allocations hereunder and(including allocations with respect to Process Flare, and to the extent required by a writing signed by Producer and Midstream Co, allocations with respect to Drip Condensate and Flash Gas) and any other allocations hereunder, and any proposed changes to the allocation methodologies then that are currently in effect on the date that Midstream Co delivers a System Plan; all such allocation methodologies shall: (A) be made by Midstream Co in a commercially reasonable manner; and (B) be based upon the measurements taken and quantities determined for the applicable Month for the applicable Individual System or Facility Segment. ; and (C) take into account one or more of the following factors for the applicable Individual System or Facility Segment: throughput volumes, total consumption of System Fuel and Other System Fuel, System L&U, the Thermal Content of Drip Condensate, the Thermal Content of Flash Gas, the relative effort required to move the applicable Product through the facilities of Midstream Co and other factors determined in good faith by Midstream Co; provided, however, that Midstream Co’s profit shall not be a component in the allocation of System L&U, System Fuel, Other System Fuel, or if applicable, Flash Gas or Drip Condensate; and provided, further, that to the extent required by a writing signed by Producer and Midstream Co that includes a waiver and indemnity from Producer to Midstream Co with respect to any and all Losses and expenses arising therefrom or related thereto, Midstream Co shall allocate, in a manner that Midstream Co determines (in its sole discretion) is commercially reasonable and determined able to be reasonably accurately allocated by Midstream Co in good faith, on an Individual System or to a particular Receipt Point, the Recovered Oil from a Facility Segment; and NAI-1509460209v15 (vii) other information reasonably requested by Producer that is relevant to the design, construction, and operation of the Systemas applicable, the relevant System L&U, System Fuel, Other System Fuel, and/or Drip Condensate (but never Flash Gas), as applicable, on such Individual System, the relevant Facility Segment, and the relevant System or to such Receipt Points, Internal Transfer Points and Delivery PointsPoint; provided, however, that in no event shall Midstream Co be obligated to supply to Producer (A) pricing, budget or similar financial information or (B) information or data that is proprietary or that is covered by a confidentiality agreement or confidentiality obligations;and

Other System Plan Content. The System Plan (or, with respect to the allocation procedures described in clause (vi) below, the applicable writing signed by Midstream Co and Producer) shall include information as to: (i) each Facility Segment then existing and operational, under construction, or planned and the Individual System of which such Facility Segment is a part; (ii) all existing and planned Internal Transfer Points, Receipt Points and existing and planned Delivery Points served or to be served by each such Facility Segment; (iii) Reservedestimated gathering pressures for each applicable Facility Segment for the 12 Month period beginning on the earliest Target On-Line Date for the Xxxxx and Separator Facilities to be serviced by such Facility Segment, and the proposed Target Pressure and the MAOP for each Individual System included in the System Plan; (iv) all pumps, treatment, oil, separators, Recovered Oil recovery, compression (to the extent stated in Section 5.4(d)) and other major physical facilities located or to be located on or within each such Facility Segment, together with their sizes, operating parameters, capacities, and other relevant specificationsspecifications (including the maximum operating pressures of the low pressure gathering lines and the high pressure gathering lines), which sizes, parameters, capacities and other relevant specifications shall be sufficient to (xA) connect the Individual System to the existing or planned Receipt Points and Delivery Points for all Planned Separator Facilities and (and, with respect to any Planned Xxxxx not intended to be serviced by a Separator Facility) , Planned Xxxxx set forth in the most recent Development Report and Report; (yB) perform the Services for all Dedicated Production projected to be produced from the Dedicated Properties as contemplated by the most recent Development Report; and (C) permit Product to enter the facilities of Downstream Facilities but at pressures no higher than the MAOP; (v) the anticipated schedule for completing the construction and installation of the planned Facility Segments, Facility Expansions, and all planned Receipt Points, Internal Transfer Points and Delivery Points, in each case, for all Planned Separator Facilities and Planned Xxxxx, as applicable, included in the most recent Development Report; (vi) the allocation methodologies to be used by Midstream Co with respect to System Gains/LossesL&U, System Fuel, Other System Fuel, Recovered Oil, and other allocations hereunder and(including, to the extent required by a writing signed by Producer and Midstream Co, allocations with respect to Drip Condensate and Flash Gas) and any other allocations hereunder, and any proposed changes to the allocation methodologies then that are currently in effect on the date that Midstream Co delivers a System Plan; all such allocation methodologies shall: (A) be made by Midstream Co in a commercially reasonable manner; and (B) be based upon the measurements taken and quantities determined for the applicable Month for the applicable Individual System or Facility Segment. ; and (C) take into account one or more of the following factors for the applicable Individual System or Facility Segment: throughput volumes, total consumption of System Fuel and Other System Fuel, System L&U, the Thermal Content of Drip Condensate, the Thermal Content of Flash Gas, the relative effort required to move the applicable product through the facilities of Midstream Co and other factors determined in good faith by Midstream Co; provided, however, that Midstream Co’s profit shall not be a component in the allocation of System L&U, System Fuel, Other System Fuel, or if applicable, Flash Gas or Drip Condensate; and provided, further, that to the extent required by a writing signed by Producer and Midstream Co that includes a waiver and indemnity from Producer to Midstream Co with respect to any and all Losses and expenses arising therefrom or related thereto, Midstream Co shall allocate, in a manner that Midstream Co determines (in its sole discretion) is commercially reasonable and determined able to be reasonably accurately allocated by Midstream Co in good faith, on an Individual System or to a particular Receipt Point, as applicable, the Recovered Oil from a Facility SegmentSystem L&U, System Fuel, Other System Fuel, and/or Drip Condensate (but never Flash Gas), as applicable, on such Individual System or to such Receipt Point; and NAI-1509460209v15and (vii) other information reasonably requested by Producer that is relevant to the design, construction, and operation of the System, the relevant Individual System, the relevant Facility Segment, and the relevant Receipt Points, Internal Transfer Points and Delivery Points; provided, however, that in no event shall Midstream Co be obligated to supply to Producer (A) pricing, budget or similar financial information or (B) information or data that is proprietary or that is covered by a confidentiality agreement or confidentiality obligations;.

Other System Plan Content. The System Plan shall include information as to: (i) each Facility Segment then existing and operational, under construction, or planned and the Individual System of which such Facility Segment is a part; (ii) all existing and planned Retention Facilities, Internal Transfer Points, existing and planned Receipt Points and existing and planned Delivery Points served or to be served by each such Facility Segment; (iii) Reserved; (iv) all pumps, treatment, oil, separators, Recovered Oil recovery, pumping facilities and other major physical facilities located or to be located on or within each such Facility Segment, together with their sizes, operating parameters, capacities, and other relevant specifications, which sizes, parameters, capacities and other relevant specifications shall be sufficient to (x) connect the Individual System to the Receipt Points and Delivery Points for all Planned Separator Facilities and (with respect to any Planned Xxxxx not intended to be serviced by a Separator Facility) Planned Xxxxx set forth in the most recent Development Report and (y) perform the Services for all Dedicated Production projected to be produced from the Dedicated Properties as contemplated by the most recent Development Report; (v) the anticipated schedule for completing the construction and installation of the planned Facility Segments, Facility Expansions, Segments and all planned Planned Retention Facilities, Receipt Points, Internal Transfer Points and Delivery Points, in each case, for all Planned Separator Facilities and Planned Xxxxx, as applicableIndividual Systems, included in the most recent Development Report; (vi) the allocation methodologies to be used by Midstream Co with respect to System Gains/Losseshereunder, Other System Fuel, Recovered Oilif any, and any other allocations hereunder andhereunder, and any proposed changes to the allocation methodologies then that are currently in effect effect, on the date that Midstream Co delivers a System Plan; all such allocation methodologies shall: (A) be made by Midstream Co in a commercially reasonable manner; and (B) be based upon the measurements taken and quantities determined for the applicable Month for the applicable Individual System or Facility Segment. Midstream Co shall allocate, in a manner that is commercially reasonable and determined by Midstream Co in good faith, to a particular Receipt Point, the Recovered Oil from a Facility Segment; and NAI-1509460209v15and (vii) other information reasonably requested by Producer that is relevant to the design, construction, and operation of the System, the relevant Individual System, the relevant Facility Segment, and the relevant Retention Facilities, Receipt Points, Internal Transfer Points and Delivery Points; provided, however, that in no event shall Midstream Co be obligated to supply to Producer (A) pricing, budget or similar financial information or (B) information or data that is proprietary or that is covered by a confidentiality agreement or confidentiality obligations;