Developer’s Attachment Facilities Developer shall design, procure, construct, install, own and/or control the Developer’s Attachment Facilities described in Appendix A hereto, at its sole expense.
Dedication Subject to the terms and conditions of this Agreement, Shipper commits to this Agreement and agrees to deliver to the Receipt Points for Gathering and Treating, (i) all Gas produced by Shipper from the Haynesville and Bossier formations in the ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, and Messenger Areas which is attributable to Interests owned by Shipper within the lands and acreage described on Exhibit A attached hereto (referred to as the “Committed Area”) during the Term and (ii) with respect to ▇▇▇▇▇ located on the Committed Area in which Shipper is the operator, Gas produced from such ▇▇▇▇▇ during the Term which is attributable to the Interests of other working interest owners, overriding royalty interest owners, and royalty owners which is not taken “in-kind” by such owners and for which Shipper has the right and/or obligation to market or deliver such Gas, for only so long as such Gas is not taken “in-kind” (collectively, the “Dedication”). (a) The following shall be excluded from the Dedication: (i) Gas produced by Shipper reasonably required for Shipper’s operations on the Committed Area and consumed by Shipper prior to delivery to a Receipt Point; (ii) Interests acquired by Shipper after the Effective Date that are subject to commitments or dedications in existence prior to Shipper’s acquisition of the Interests, provided, however, Shipper at its sole option may include such Gas upon the expiration of such commitments or dedications; and (iii) By written request of Shipper, and approved by Gatherer, which approval shall not be unreasonably withheld or delayed, Gas produced by Shipper from ▇▇▇▇▇ located in the Committed Area that are not operated by Shipper or Shipper Partner. (b) Shipper has a Gas treating agreement with Louisiana Midstream Gas Services, LLC (“LMGLLC”). Subject to prevailing pressures allowing flow at the LMGLLC Redelivery Point, identified as such on Exhibit I, if Gatherer has insufficient capacity to Treat Shipper Gas on its Olympia Gathering System, then Shipper may elect to have Gatherer deliver untreated Shipper Gas to the LGMLLC Redelivery Point and Shipper shall pay a reduced Gathering Fee of [***] per MMBtu for Gas redelivered to the LGMLLC Redelivery Point in addition to the applicable LGMLLC fee. Shipper is responsible for all fees due to LGMLLC under the LGMLLC agreement for Treating as provided in this Section 3.1(c) (c) If Gatherer for any reason other than reasons caused by Shipper, events of Force Majeure, or the provisions of Section 3.3, or 8.4, is unable for fifteen (15) consecutive days to Gather or Treat all or any portion of the Gas produced by Shipper within the Committed Area as required by this Agreement, Shipper shall notify Gatherer in writing of Shipper’s desire to implement the provisions of this Section 3.1(b) If, within thirty (30) days of Gatherer’s receipt of such notice, Gatherer has not cured the failure to take all, or the affected portion, of Shipper’s Gas, then that portion of such Gas that Gatherer is not Gathering or Treating shall be temporarily released from the Dedication. Gatherer acknowledges that Shipper may enter into alternative gathering or treating arrangements with third parties, provided that the duration of such agreements will not exceed six (6) Months, unless otherwise agreed. The temporary release from the Dedication shall remain in place until the later of: (i) such point in time as Gatherer demonstrates to Shipper’s reasonable satisfaction that it is able to Gather or Treat the Gas as the case may be; or (ii) the expiration of the third party gathering or treating arrangements consistent with the preceding sentence. (d) Notwithstanding the Dedication, Shipper expressly reserves unto itself, its successors and assigns the following (1) the right to operate within the Committed Area free from any control by Gatherer, including, without limitation, the right (but never the obligation) to drill new ▇▇▇▇▇, to repair, rework, deepen, plug back and recomplete ▇▇▇▇▇, to surrender, release or terminate any lease (in whole or in part) covering the affected land; (ii) the right to deliver at the well production to lessors of leases on such lands in quantities to fulfill lease obligations from time to time, including the right to take royalty in kind, (iii) the right to use production for development and operation of such lands; (iv) the exclusive right to process Shipper Gas and Undedicated Shipper Gas in facilities not on the Olympia Gathering System for recovery and removal of certain liquefiable hydrocarbons, and (v) the right to own any Plant Products or Condensate
Developer Attachment Facilities Developer shall design, procure, construct, install, own and/or control the Developer Attachment Facilities described in Appendix A hereto, at its sole expense.
Connecting Transmission Owner’s Scope of Work and Responsibilities The Connecting Transmission Owner will design, construct, own, operate and maintain all Connecting Transmission Owner’s Interconnection Facilities, except as otherwise stated above and in the Project Specific Specifications. The Connecting Transmission Owner will complete all engineering reviews, field verifications and witness testing, etc. in accordance with the ESBs and the Project Specific Specifications. Connecting Transmission Owner shall provide the revenue metering CT/PT units and meter socket enclosure. The Connecting Transmission Owner shall: • provide, run, and wire both ends of the color-coded cable for the revenue metering instrument transformer secondary wiring; • perform all terminations; and • supply and install the meter. The revenue meter may require a communications link to the RTU. The Connecting Transmission Owner will specify and run those communications cables. The Connecting Transmission Owner shall complete all wiring, testing and commissioning of the RTU.
Pipelines Developer shall have no interest in the pipeline gathering system, which gathering system shall remain the sole property of Operator or its Affiliates and shall be maintained at their sole cost and expense.