Common use of Pipeline Unavailability Clause in Contracts

Pipeline Unavailability. (a) It is the intention of the Parties to use the Individual System for all Dedicated Production. To accommodate operational upsets and periods of increased flow (such as during Flowback), the Parties have agreed under Section 2.3(b) that, during Pipeline Unavailability, Producer shall elect to either (i) exercise the Trucking Election or (ii) cease producing Dedicated Production until the end of the Pipeline Unavailability, as provided in Section 18.2. To the extent Producer exercises its Trucking Election, this Article 18 shall govern with respect to the Trucked Volumes and the other matters set forth herein, rather than Articles 4, 7 (other than Section 7.3 as it applies to Trucked Volumes delivered to a SWD Trucking Facility that fail to meet the quality requirements of Section 18.3(d)) and 9 and Sections 5.1, 5.2, 5.3, 5.4, and 5.6. (b) The Parties agree that during Pipeline Unavailability, Producer shall not have the right to temporary services under Sections 3.3(a) and 3.3(b) of the Agreement or to a temporary release under Section 2.4(b)(ii) of the Agreement except to the extent that Midstream Co fails to provide Trucked Water Services. (c) At Producer’s election, if the Pipeline Unavailability arises from Midstream Co’s failure to meet an On-Line Deadline, Producer may exercise its Trucking Election for so long as it desires, rather than exercising its right to a permanent release under Section 2.4(a)(i) and Section 2.4(a)(ii). If the Parties have agreed to connect the applicable Individual System to a Well or Separator Facility after Flowback has started, then the fact of a Pipeline Unavailability occurring after Flowback has started shall not constitute a failure by Midstream Co to meet an On-Line Deadline and Producer shall not have a right to a permanent release under Section 2.4(a)(i) and Section 2.4(a)(ii) until such time as the agreed upon connection date has passed.

Pipeline Unavailability. (a) It is the intention of the Parties to use the Individual System for all Dedicated Production. To accommodate operational upsets and periods of increased flow (such as during Flowback), the Parties have agreed under Section 2.3(b) that, during Pipeline Unavailability, Producer shall elect to either either (i) exercise the Trucking Election or (ii) cease producing Dedicated Production until the end of the Pipeline Unavailability, as provided in Section 18.2. To the extent Producer exercises its Trucking Election, this Article 18 shall govern with respect to the Trucked Volumes and the other matters set forth herein, rather than Articles 4, 7 (other than Section 7.3 as it applies to Trucked Volumes delivered to a SWD Trucking Facility that fail to meet the quality requirements of Section 18.3(d)) and 9 and Sections 5.1, 5.2, 5.3, 5.4, and 5.6. (b) The Parties agree that during Pipeline Unavailability, Producer shall not have the right to temporary services under Sections 3.3(a) and 3.3(b) of the Agreement or to a temporary release under Section 2.4(b)(ii) of the Agreement except to the extent that Midstream Co fails to provide Trucked Water Services. (c) At Producer’s election, if the Pipeline Unavailability arises from Midstream Co’s failure to meet an On-Line Deadline, Producer may exercise its Trucking Election for so long as it desires, rather than exercising its right to a permanent release under Section 2.4(a)(i) and Section 2.4(a)(ii). If the Parties have agreed to connect the applicable Individual System to a Well or Separator Facility after Flowback has started, then the fact of a Pipeline Unavailability occurring after Flowback has started shall not constitute a failure by Midstream Co to meet an On-Line Deadline and Producer shall not have a right to a permanent release under Section 2.4(a)(i) and Section 2.4(a)(ii) until such time as the agreed upon connection date has passed.