Permanent Releases Sample Clauses
Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to any Fresh Water, Receipt Point, Water Source, Well, Spacing Unit, or Dedicated Properties affected by one or more of the Release Conditions. The “Release Conditions” are:
(i) Midstream Co’s failure to complete the facilities that are described on a System Plan or failure to commence the Services with respect to any Planned Well by the applicable On-Line Deadline (so long as such failure was not the result of Producer’s failure to comply with the then-applicable Development Report);
(ii) Midstream Co’s election (x) pursuant to Section 3.1(c) not to provide Services for any Well included in a Development Report delivered by a Producer that is not the Original Producer or (y) pursuant to Section 3.3(b) not to provide Services for (1) any Well for which Producer failed to deliver a Development Report on or before the applicable deadline set forth in Section 3.1(a), (2) any Well not described in the applicable Development Report or (3) any excess Fresh Water required for any Well or required to be stored at any Retention Facility.
(iii) expiration of the Term, as further described in Section 8.2;
(iv) written agreement of Producer and Midstream Co, and each Party shall consider in good faith any proposal by the other Party to permanently release any Well, Spacing Unit, or Dedicated Properties;
(v) the occurrence of a Force Majeure of the type described in clauses (l), (m) or (n) of the definition of “Force Majeure” affecting Midstream Co that continues for a period of 120 Days or more;
(vi) Midstream Co’s interruption or curtailment of deliveries of Fresh Water pursuant to Section 5.5 or refusal to store any Fresh Water that Midstream Co is obligated to store hereunder that continues for 90 Days or more; provided that unless Midstream Co has indicated it will not store any Fresh Water from the applicable Water Source, the applicable Receipt Point and Water Sources shall not be released from the Dedications;
(vii) a default (other than a default of the type covered by Section 2.4(a)(i)) by Midstream Co that remains uncured for 90 Days or more;
(viii) Producer’s rejection of any increase in the Individual Fee pursuant to Section 13.1(b);
(ix) (x) Midstream Co’s suspension of Services pursuant to Section 13.2(a)(ii) that extends for the period of time stated in such Section or (y) Midstream Co’s election not to expand an Individual System pursuant to Section 13.2(b); or
(x) a Down...
Permanent Releases. Midstream Co shall permanently release from the Dedications: (i) any Dedicated Production from any Well or Dedicated Properties affected by one or more of the Release Conditions, (ii) any Dedicated Production that would have been delivered to Third Party Truck Unload Facilities affected by one or more of the Release Conditions, (iii) any Dedicated Properties affected by one or more of the Release Conditions and (iv) any Purchased Dedicated Production for which the Individual System has been affected by one or more of the Release Conditions. The “Release Conditions” are:
(i) Reserved;
(ii) Reserved;
(iii) expiration of the Term, as further described in Section 8.2;
(iv) written agreement of Producer and Midstream Co, and each Party shall consider in good faith any proposal by the other Party to permanently release any Dedicated Production or Dedicated Properties;
(v) the occurrence of a Force Majeure of the type described in clauses (l), (m) or (n) of the definition of “Force Majeure” affecting Midstream Co that continues for a period of 120 Days or more;
(vi) Midstream Co’s interruption or curtailment of receipts and deliveries of Product pursuant to Section 5.5 that continues for 90 Days or more;
(vii) a default by Midstream Co that remains uncured for 90 Days or more;
(viii) Producer’s rejection of any increase in the Individual Fee pursuant to Section 13.1(b);
(ix) Midstream Co’s suspension of Services pursuant to Section 13.2(a)(ii) that extends for the period of time stated in such Section; or
(x) Midstream Co’s election not to provide Services to a Producer Assignee pursuant to Section 16.1(a). Producer may deliver any Dedicated Production released from the Dedications pursuant to this Section 2.4 to such other Persons as it shall determine.
Permanent Releases. Midstream Co shall permanently release from the Dedications: (i) any Dedicated Production from any Well, Dedicated Properties, or Spacing Unit affected by one or more of the Release Conditions, (ii) any Dedicated Production that would have been delivered to a Separator Facility affected by one or more of the Release Conditions,
Permanent Releases. Dedicated Production from a Well or ▇▇▇▇▇ affected by one or more of the conditions below, and the acreage in each Drilling Unit with respect to such ▇▇▇▇▇, shall be permanently released from dedication under this Agreement, and Producer may deliver and commit such Dedicated Production to such other processor as it shall determine (including, an Affiliate Entity pursuant to Section 2.4(a)(vii)):
(i) upon written notice from Producer, if Midstream Co has failed to complete a Committed Build-Out on or before the 90th Day after the Target Completion Date;
(ii) upon expiration of the Term, as further described in Section 7.2;
(iii) upon written agreement of Producer, OpCo and Midstream Co;
Permanent Releases. Shipper agrees that, except as otherwise expressly provided in this Agreement, including in Section 2.5(c) and Section 3.2, for so long as Shipper or one or more of its Affiliates directly or indirectly Controls CONE Midstream GP LLC, Shipper shall have no right to receive a permanent release with respect to any of the Dedicated Properties or the Dedicated Production produced therefrom unless otherwise mutually agreed by Shipper and Gatherer in writing.
Permanent Releases. In the case of a permanent release, both the owner(s) and operator of the farm.
Permanent Releases. Dedicated Production from a Well or ▇▇▇▇▇ affected by one or more of the conditions below, and the acreage in each Drilling Unit with respect to such ▇▇▇▇▇, shall be permanently released from dedication under this Agreement, and Producer may deliver and commit such Dedicated Production to such other processor as it shall determine (including, an Affiliate Entity pursuant to Section 2.4(a)(vii)):
(i) upon written notice from Producer, if Midstream Co has failed to complete a Committed Build-Out on or before the 90th Day after the Target Completion Date;
(ii) upon expiration of the Term, as further described in Section 7.2;
(iii) upon written agreement of Producer, OpCo and Midstream Co;