Pipeline and Facilities Clause Samples

Pipeline and Facilities. Except as set forth in Section 4.15 of the Disclosure Schedule, (i) (A) to the Company’ s Knowledge, prior to October 4, 2012 the Pipeline and the Facilities were and (B) since October 4, 2012 the Pipeline and the Facilities have been, in each case constructed and are maintained and operated by the Company or the Company Subsidiaries in a good and workmanlike manner in accordance with customary practices in the midstream industry in the area in which the Properties are located, and have been in continuous operation, except for temporary cessations for the performance, in the ordinary course of business, of maintenance, repair, replacement, modification, improvement or expansion, (ii) the existing condition of the Pipeline and the Facilities make each suitable, in accordance with customary practices in the midstream industry in the area in which the Properties are located and all Applicable Laws and Applicable Environmental Laws, for use for the purposes that it is currently being used, and (iii) the Pipeline, Facilities and other personal property included in the Properties are free of mechanical defects and in good working order other than routine, immaterial defects that occur in the ordinary course of business. The Target Companies, as applicable, have good and valid title to all Personal Property, Pipelines and Facilities (to the extent the Facilities constitute personal property) free and clear of all Liens other than Permitted Liens. To the Company’ s Knowledge, the Facilities and Personal Property constituting a part of the Properties are in good working order and have been maintained in a state of repair so as to be adequate, in all material respects, for normal operations consistent with such Target Company’ s past practices. To the Knowledge of the Company, the Pipeline and the Facilities are being used, occupied, and maintained, in all material respects, in accordance with all applicable Easements, Contracts, Permits and insurance requirements.