Common use of Permanent Releases Clause in Contracts

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 Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longer. Producer may obtain the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released pursuant to this Section 2.4(a) from any Third Party.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) Midstream Co’s failure to complete the facilities that are described on a System Plan and that are necessary to connect any Planned Separator Facility or Planned Xxxxx to the System or failure to commence the Services with respect to any Planned Well Separator Facility or Planned Xxxxx 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 or Separator Facility 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 or Separator Facility 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 or Separator Facility not described in the applicable Development Report or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (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, 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 Fresh Water Product from any Well or Separator Facility 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 , except to the extent Producer elects to reduce the Individual Fee with respect to any volumes 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 Dedicationsare affected by a Downtime Event pursuant to Section 6.2(c); (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);; or (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 Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longer. Producer may obtain deliver any Dedicated Production released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) Midstream Co’s failure to complete the facilities that are described on a System Plan and that are necessary to connect any Planned Separator Facility or Planned Xxxxx to the System or failure to commence the Services with respect to any Planned Well Separator Facility or Planned Xxxxx 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 or Separator Facility 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 or Separator Facility 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 or Separator Facility not described in the applicable Development Report or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (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, 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 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 DedicationsReserved; (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);; or (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 Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longer. Producer may obtain deliver any Dedicated Production released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) Midstream Co’s failure to complete the facilities that are described on a System Plan and that are necessary to connect any Planned Separator Facility or Planned Xxxxx to the System or failure to commence the Services with respect to any Planned Well Separator Facility or Planned Xxxxx 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 or Separator Facility 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 or Separator Facility 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 or Separator Facility not described in the applicable Development Report or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (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, 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 Fresh Water Product from any Well or Separator Facility 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 , except to the extent (A) such interruption or curtailment is caused by the acts or omissions of Producer, or (B) Producer elects to reduce the Individual Fee with respect to any volumes 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 Dedicationsare affected by a Downtime Event pursuant to Section 6.2(c); (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);; or (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 Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longer. Producer may obtain deliver any Dedicated Production released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) 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 ‎Section 3.1(c) not to provide Services for any Well or Separator Facility included in a Development Report delivered by a Producer that is not the Original Producer or (y) pursuant to Section ‎Section 3.3(b) not to provide Services for (1) any Well or Separator Facility for which Producer failed to deliver a Development Report on or before the applicable deadline set forth in Section ‎Section 3.1(a), (2) any Well or Separator Facility not described in the applicable Development Report or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (iiiii) expiration of the Term, as further described in Section ‎Section 8.2; (iviii) 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, Dedicated Production or Dedicated Properties; (viv) the occurrence of a Force Majeure of any of the type types 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; (viv) Midstream Co’s interruption or curtailment of receipts and deliveries of Fresh Water Product from any Well or Separator Facility pursuant to Section ‎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 , except to the extent Producer elects to reduce the Individual Fee with respect to any volumes 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 Dedicationsare affected by a Downtime Event pursuant to ‎Section 6.2(c); (viivi) a material 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; (viiivii) Producer’s election after a rejection of any increase in the Individual Fee pursuant to Section in accordance with ‎Section 13.1(b); (ixviii) (x) Midstream Co’s suspension of Services pursuant to Section ‎Section 13.2(a)(ii) that extends for the period of time stated in such Section; (y) Midstream Co’s election not to connect a Planned Well or Planned Separator Facility pursuant to Section 13.2(b) or (yz) Midstream Co’s election not to expand an Individual System pursuant to ‎Section 13.2(c); (ix) pursuant to Section 13.2(b)16.2 with respect to a Transfer of Dedicated Properties free of the terms, conditions and obligations of this Agreement; or (x) pursuant to any other provision in this Agreement that grants Producer (or its Affiliates holding acreage subject to the Dedications) a Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longerpermanent release. Producer may obtain deliver any Dedicated Production permanently released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section ‎Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) 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 or Separator Facility 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 or Separator Facility 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 or Separator Facility not described in the applicable Development Report Report, or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (iiiii) expiration of the Term, as further described in Section 8.2; (iviii) 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, Dedicated Production or Dedicated Properties; (viv) the occurrence of a Force Majeure of any of the type types 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; (viv) Midstream Co’s interruption or curtailment of receipts and deliveries of Fresh Water Product from any Well or Separator Facility 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 , except to the extent Producer elects to reduce the Individual Fee with respect to any volumes 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 Dedicationsare affected by a Downtime Event pursuant to Section 6.2(c); (viivi) a material 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; (viiivii) Producer’s election after a rejection of any increase in the Individual Fee pursuant to in accordance with Section 13.1(b); (ixviii) (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; (y) Midstream Co’s election not to connect a Planned Well or Planned Separator Facility pursuant to Section 13.2(b) or (y) Midstream Co’s election not to expand an Individual System pursuant to Section 13.2(b13.2(c); (ix) pursuant to Section 16.2 with respect to a Transfer of Dedicated Properties free of the terms, conditions and obligations of this Agreement; or (x) a Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longer. Producer may obtain the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released pursuant to any other provision in this Section 2.4(aAgreement that grants Producer (or its Affiliates holding acreage subject to the Dedications) from any Third Partya permanent release.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) Midstream Co’s failure to complete the facilities that are described on a System Plan and that are necessary to connect any Planned Separator Facility or Planned Xxxxx to the System or failure to commence the Services with respect to any Planned Well Separator Facility or Planned Xxxxx 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 or Separator Facility 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 or Separator Facility 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 or Separator Facility not described in the applicable Development Report Report, or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (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, 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 Fresh Water Product from any Well or Separator Facility 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 , except to the extent Producer elects to reduce the Individual Fee with respect to any volumes 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 Dedicationsare affected by a Downtime Event pursuant to Section 6.2(c); (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);; or (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 Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longer. Producer may obtain deliver any Dedicated Production released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.

Permanent Releases. Upon receipt of written notice from Producer, Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) 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 or Separator Facility 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 or Separator Facility 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 or Separator Facility not described in the applicable Development Report Report, or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (iiiii) expiration of the Term, as further described in Section 8.2Article 8; (iviii) 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, Dedicated Production or Dedicated Properties; (viv) the occurrence of a Force Majeure of any of the type types 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; (viv) Midstream Co’s interruption or curtailment of receipts and deliveries of Fresh Water Product from any Well or Separator Facility pursuant to Section 5.5 or refusal to store any Fresh Water that Midstream Co is obligated to store hereunder that continues for 90 consecutive Days (or more90 Days out of any 120 Day period), except to the extent (A) such interruption or curtailment is caused by the acts or omissions of Producer, or (B) Producer elects to reduce the Individual Fee with respect to any volumes that are affected by a Downtime Event pursuant to Section 6.2(c); 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; (viivi) a material 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; (viiivii) Producer’s election after a rejection of any increase in the Individual Fee pursuant to in accordance with Section 13.1(b);; or (ix) (xviii) Midstream Co’s suspension of Services pursuant to Section 13.2(a)(ii) that extends for the period of time stated in such Section; (y) Midstream Co’s election not to connect a Planned Well or Planned Separator Facility pursuant to Section 13.2(b) or (y) Midstream Co’s election not to expand an Individual System pursuant to Section 13.2(b13.2(c); (ix) pursuant to Section 16.2 with respect to a Transfer of Dedicated Properties free of the terms, conditions and obligations of this Agreement; or (x) pursuant to any other provision in this Agreement that grants Producer (or its Affiliates holding acreage subject to the Dedications) a Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longerpermanent release. Producer may obtain deliver any Dedicated Production released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) 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 or Separator Facility included in a Development Report delivered by a Producer that is not the Original Producer or (y) pursuant to Section 3.3(b3.3(c) not to provide Services for (1) any Well or Separator Facility 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 or Separator Facility not described in the applicable Development Report or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (iiiii) expiration of the Term, as further described in Section 8.2; (iviii) 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, Dedicated Production or Dedicated Properties; (viv) the occurrence of a Force Majeure of any of the type types 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; (viv) Producer’s election, in its sole discretion or to the extent required by applicable Law, to forego the Services with respect to certain volumes of Product and instead recycle such Product on its own behalf or utilize Third Party services to recycle such Product; provided, however, that Producer shall (i) provide Midstream Co’s interruption or curtailment Co with at least 90 Days prior written notice of deliveries such election (which notice shall include the volume of Fresh Water pursuant Product subject to Section 5.5 or refusal such election together with the schedule for the removal of such Product from the Dedicated Production) and (ii) Producer shall promptly pay to store any Fresh Water Midstream Co all fees (including the Individual First Phase Fee and the Individual Second Phase Fee) at such times and in such amounts that Producer, in each case, would have had to pay to Midstream Co assuming that Midstream Co is obligated actually provided the Services with respect to store hereunder that continues for 90 Days or more; provided that unless Midstream Co has indicated it will not store such Product and any Fresh Water from the applicable Water Sourceother costs, the applicable Receipt Point expenses, and Water Sources shall not be released from the Dedicationsliabilities incurred due to such election; (viivi) a material 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; (viiivii) Producer’s election after a rejection of any increase in the an Individual Fee pursuant to in accordance with Section 13.1(b); (ixviii) (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 Section; or (y) Midstream Co’s election not to connect a Planned Well or Planned Separator Facility pursuant to Section 13.2(b); or (z) Midstream Co’s election not to expand an Individual System pursuant to Section 13.2(b13.2(c); (ix) pursuant to Section 16.2 with respect to a Transfer of Dedicated Properties free of the terms, conditions and obligations of this Agreement; or (x) pursuant to any other provision in this Agreement that grants Producer (or its Affiliates holding acreage subject to the Dedications) a Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longerpermanent release. Producer may obtain deliver any Dedicated Production permanently released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) 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 or Separator Facility 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 or Separator Facility 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 or Separator Facility not described in the applicable Development Report or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; NAI-1509460209v15 (iiiii) expiration of the Term, as further described in Section 8.2; (iviii) 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, Dedicated Production or Dedicated Properties; (viv) the occurrence of a Force Majeure of any of the type types 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; (viv) Midstream Co’s interruption or curtailment of receipts and deliveries of Fresh Water Product from any Well or Separator Facility 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 , except to the extent (A) such interruption or curtailment is caused by the acts or omissions of Producer, or (B) Producer elects to reduce the Individual First Phase Fee with respect to any volumes 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 Dedicationsare affected by a Downtime Event pursuant to Section 6.2(c); (viivi) a material 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; (viiivii) Producer’s election after a rejection of any increase in the Individual Fee pursuant to in accordance with Section 13.1(b); (ixviii) (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; (y) Midstream Co’s election not to connect a Planned Well or Planned Separator Facility pursuant to Section 13.2(b) or (y) Midstream Co’s election not to expand an Individual System pursuant to Section 13.2(b13.2(c); (ix) pursuant to Section 16.2 with respect to a Transfer of Dedicated Properties free of the terms, conditions and obligations of this Agreement; or (x) pursuant to any other provision in this Agreement that grants Producer (or its Affiliates holding acreage subject to the Dedications) a Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longerpermanent release. Producer may obtain deliver any Dedicated Production permanently released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing Unit, or 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, (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) 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 or Separator Facility 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 or Separator Facility 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 or Separator Facility not described in the applicable Development Report or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (iiiii) expiration of the Term, as further described in Section 8.2; (iviii) 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, Dedicated Production or Dedicated Properties; (viv) the occurrence of a Force Majeure of any of the type types 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; (viv) Midstream Co’s interruption or curtailment of receipts and deliveries of Fresh Water Product from any Well or Separator Facility 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 , except to the extent (A) such interruption or curtailment is caused by the acts or omissions of Producer, or (B) Producer elects to reduce the Individual Fee with respect to any volumes 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 Dedicationsare affected by a Downtime Event pursuant to Section 6.2(c); (viivi) a material 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; (viiivii) Producer’s election after a rejection of any increase in the Individual Fee pursuant to in accordance with Section 13.1(b); (ix) (xviii) Midstream Co’s suspension of Services pursuant to Section 13.2(a)(ii) that extends for the period of time stated in such Section; (y) Midstream Co’s election not to connect a Planned Well or Planned Separator Facility pursuant to Section 13.2(b) or (yz) Midstream Co’s election not to expand an Individual System pursuant to Section 13.2(b13.2(c); (ix) pursuant to Section 16.2 with respect to a Transfer of Dedicated Properties free of the terms, conditions and obligations of this Agreement; or (x) pursuant to any other provision in this Agreement that grants Producer (or its Affiliates holding acreage subject to the Dedications) a Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longerpermanent release. Producer may obtain deliver any Dedicated Production permanently released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.

Permanent Releases. Midstream Co shall permanently release Producer from the Dedications with respect to Dedications: (i) any Fresh Water, Receipt Point, Water Source, Dedicated Production from any Well, Spacing UnitDedicated 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, (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) Midstream Co’s failure to complete the facilities that are described on a System Plan and that are necessary to connect any Planned Separator Facility or Planned Xxxxx to the System or failure to commence the Services with respect to any Planned Well Separator Facility or Planned Xxxxx 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 or Separator Facility 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 or Separator Facility 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 or Separator Facility not described in the applicable Development Report or (3) any excess Fresh Water required for volume of Product produced from any Well or required during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to be stored at any Retention Facility.Midstream Co; (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, 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 Fresh Water Product from any Well or Separator Facility 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 , except to the extent (A) such interruption or curtailment is caused by the acts or omissions of Producer, or (B) Producer elects to reduce the Individual First Phase Fee with respect to any volumes 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 Dedicationsare affected by a Downtime Event pursuant to Section 6.2(c); (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);; or (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 Downtime Event that extends for the Downtime Duration specified in the applicable Row D on Exhibit B or longer. Producer may obtain deliver any Dedicated Production released from the applicable Services for the Fresh Water, Xxxxx, or Spacing Units released Dedications pursuant to this Section 2.4(a) from any Third Partyto such other gatherers as it shall determine.