Common use of Permanent Releases Clause in Contracts

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 a Well or Dedicated Properties Xxxxx affected by one or more of the Release Conditionsconditions below, and the acreage in each Drilling Unit with respect to such Xxxxx (ii) any or, with respect to Purchased Dedicated Production that would have been Production, the Gas delivered by Producer to Third Party Truck Unload Facilities the Individual System if the applicable Receipt Point is affected by one or more of the Release Conditionsconditions below), (iii) any Dedicated Properties affected by one or more of the Release Conditions shall be permanently released from dedication under this Agreement, and (iv) any Purchased Producer may deliver and commit such Dedicated Production for which the Individual System has been affected by one to such other gatherer or more of the Release Conditions. The “Release Conditions” are:gatherers as it shall determine (including an Affiliate Entity): (i) ReservedGatherer’s election pursuant to Section 3.3(b) not to provide Services for (A) 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), (B) any Well or Separator Facility not described in the applicable Development Report or (C) any excess volume of Gas produced from any Well during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to Gatherer; (ii) Reserved; (iii) upon expiration of the Term, as further described in Section 8.27.2; (iii) upon written agreement of Producer and Gatherer; (iv) upon written agreement of Producer and Midstream Conotice from Producer, 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 (lk), (ml) or (nm) of the definition of “Force Majeure” affecting Midstream Co Gatherer that continues for a period of 120 Days 12 consecutive Months or moremore or a temporary interruption or curtailment described in Section 4.4(d) that continues for 12 consecutive Months, except to the extent such interruption or curtailment is caused by the acts or omissions of Producer; (v) upon an assignment by Gatherer to an Affiliate Entity in accordance with Section 15.1(a)(ii), provided that simultaneously with such release, the Affiliate Entity Dedicated Properties are made subject to a gathering agreement entered into with the Affiliate Entity; (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) upon written notice from Producer, if 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 termination of Services pursuant to Section 13.2(a)(ii12.2(a) that extends has continued for the period more than six consecutive Months or, without a waiting period, if Producer has received notice from Gatherer of time stated in such Section; or (x) Midstream Co’s election its decision not to provide Services to a Producer Assignee any planned facilities pursuant to Section 16.1(a12.2(b). Producer may deliver any Dedicated Production released from ; or (vii) in accordance with and subject to the Dedications pursuant to this terms of Section 2.4 to such other Persons as it shall determine3.2(b).

Permanent Releases. Midstream Co shall Buyer shall, upon written notice from Producer, permanently release from the Dedications: (i) Dedications and the grant of the Easement any Dedicated Interests and the Dedicated Production from any Well or Dedicated Properties affected produced therefrom as selected by one or more Producer, acting reasonably given the geography of the Dedicated Area, from which there is average daily production, over the immediately prior six months starting on the date of the event that gave rise to the Release ConditionsCondition, (ii) any approximately equal to the 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 its Affiliates may sell 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 2.4(a) to a Third Party, and may dedicate, declare, pledge and commit the Dedicated Interests released from the Dedications pursuant to this Section 2.4(a) to a Third Party, as Producer or its Affiliate shall determine in its sole and absolute discretion immediately upon such release. Each of the following is a “Release Condition”: (i) expiration of the Term or earlier termination of this Agreement; (ii) Buyer’s failure to purchase Product under the Buy-Sell Agreement due to Buyer’s material default (other Persons than due to Producer’s non-compliance) that remains uncured for 90 consecutive days or more; (iii) the occurrence of an event of Force Majeure declared by Lessor under the Capacity Lease and this Agreement by notice to Producer and Buyer hereunder and then subsequently declared by Buyer under the Buy-Sell Agreement as a result thereof that continues for 365 or more consecutive days, in which event Producer may elect in writing to have the applicable Dedicated Production and Dedicated Interests permanently released hereunder upon no less than 30 days’ written notice; provided that as soon as practicable after the commencement of the Force Majeure, Lessor shall use commercially reasonable efforts to remedy the Force Majeure event or condition with all reasonable dispatch, shall give notice to Buyer and Producer of the termination of the Force Majeure event, and shall resume performance under the Capacity Lease of any suspended obligation promptly after termination of such Force Majeure event; provided further that if Lessor reasonably and in good faith determines that it is uneconomic to, and Lessor is not going to, remedy the Force Majeure event, then Lessor shall determinepromptly notify Producer and Buyer and Producer may elect in writing to have the applicable Dedicated Production and Dedicated Interests permanently released hereunder upon no less than 30 days’ written notice; (iv) subject to Section 2.4(f), the occurrence of an event of Force Majeure (as defined in the Buy-Sell Agreement) related to the Xxxxx Ranch CGF declared by Buyer under the Buy-Sell Agreement that continues for 120 or more consecutive days, in which event Producer may elect in writing to have the applicable Dedicated Production and Dedicated Interests permanently released hereunder upon no less than 90 days’ written notice to Buyer; and (v) pursuant to Section 6.2 with respect to a permitted transfer of Dedicated Interests free of the terms, conditions and obligations of this Agreement.

Permanent Releases. Midstream Co shall permanently release from the Dedications: (i) any Dedicated Production from any a Well or Dedicated Properties Xxxxx affected by one or more of the Release Conditionsconditions below, and the acreage in each Drilling Unit with respect to such Xxxxx (ii) any or, with respect to Purchased Dedicated Production that would have been Production, the Product delivered by Producer to Third Party Truck Unload Facilities the Individual System if the applicable Receipt Point is affected by one or more of the Release Conditionsconditions below), (iii) any Dedicated Properties affected by one or more of the Release Conditions shall be permanently released from dedication under this Agreement, and (iv) any Purchased Producer may deliver and commit such Dedicated Production for which the Individual System has been affected by one to such other gatherer or more of the Release Conditions. The “Release Conditions” are:gatherers as it shall determine (including an Affiliate Entity): (i) ReservedGatherer’s election pursuant to Section 3.3(b) not to provide Services for (A) 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), (B) any Well or Separator Facility not described in the applicable Development Report or (C) any excess volume of Product produced from any Well during any Day that exceeds the volume included in Producer’s estimate set forth in the most recent Development Report delivered to Gatherer; (ii) Reserved; (iii) 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 Dedicated Production or Dedicated PropertiesGatherer; (viv) upon written notice from Producer, the occurrence of a Force Majeure of the type described in clauses (lk), (ml) or (nm) of the definition of “Force Majeure” affecting Midstream Co Gatherer that continues for a period of 120 Days 12 consecutive Months or moremore or a temporary interruption or curtailment described in Section 5.4(d) that continues for 12 consecutive Months, except to the extent such interruption or curtailment is caused by the acts or omissions of Producer; (v) upon an assignment by Gatherer to an Affiliate Entity in accordance with Section 16.1(a)(ii), provided that simultaneously with such release, the Affiliate Entity Dedicated Properties are made subject to a gathering agreement entered into with the Affiliate Entity; (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) upon written notice from Producer, if 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 termination of Services pursuant to Section 13.2(a)(ii13.2(a) that extends has continued for the period more than six consecutive Months or, without a waiting period, if Producer has received notice from Gatherer of time stated in such Section; or (x) Midstream Co’s election its decision not to provide Services to a Producer Assignee any planned facilities pursuant to Section 16.1(a13.2(b). Producer may deliver any Dedicated Production released from ; or (vii) in accordance with and subject to the Dedications pursuant to this terms of Section 2.4 to such other Persons as it shall determine3.2(b).