Prior Dedications Sample Clauses

Prior Dedications. Producer hereby represents and warrants that, as of the Effective Date, except for the dedication and commitments set forth on Schedule 2.5(a), none of the Dedicated Interests are subject to a prior written dedication or commitment for gathering or disposal of Produced Water in favor of any Person other than Gatherer.
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Prior Dedications. Except as set forth on Exhibit D, Shipper represents and warrants to Carrier that, as of the Effective Date, none of the Dedicated Area owned by Shipper or its Affiliates as of the Effective Date, and no portion of the Dedicated Raw Make attributable to such Dedicated Area, is subject to a Prior Dedication that conflicts with or infringes upon the Dedication under this Agreement. With respect to any Dedicated Raw Make that is subject to a Prior Dedication, Shipper shall have the right, subject to the additional terms and conditions of this Section 4.2 and Section 4.4, to comply with such Prior Dedication. Except as otherwise provided in this Section 4.2 or Section 4.4, unless the Term is expiring in less than eight (8) Months, Shipper shall not (and shall cause any applicable Affiliates not to), with respect to any Dedicated Raw Make that is the subject of a Prior Dedication, (i) affirmatively extend or increase any such Prior Dedication by its active election, beyond the term of such Prior Dedication or (ii) allow any such Prior Dedication to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision. With respect to any Dedicated Raw Make that is the subject of a Prior Dedication, unless the Term is expiring within eight (8) Months of the last date of such Prior Dedication, in the event that at any time in the future Shipper or any of its Affiliates determine that it can terminate any such Prior Dedication, then Shipper shall promptly terminate, or cause its Affiliate to terminate, such Prior Dedication, and upon such termination, the Raw Make subject to such Prior Dedication shall, to the extent not already subject to the Dedication and within the Dedicated Area, automatically be subject to the Dedication for all purposes under this Agreement without any further actions by the Parties. Nothing herein shall obligate Shipper to terminate any Prior Dedication to the extent that such termination would require Shipper to file suit, bring any arbitral or mediation proceeding, or pay any termination fee or penalty; provided, however, that Shipper shall provide Carrier with reasonable notice of any option to terminate a Prior Dedication upon payment of a termination fee or penalty and Carrier may, at its sole option, require Shipper to terminate such Prior Dedication, provided that, Carrier shall reimburse Shipper for any fee or penalty (consistent with Shipper’s prior notice to Carrier regarding the amount ...
Sample 1
Prior Dedications. Other than the Prior Dedications and the Dedication hereunder, Customer represents and warrants to Processor that, as of the Effective Date, none of the Interests owned by Customer and/or any of its Subsidiaries in the Dedicated Area are subject to any other dedication for Gas processing services. Upon termination of a Prior Dedication, the Gas subject to such Prior Dedication shall, to the extent not already subject to the Dedication, automatically be subject to the Dedication for all purposes under this Agreement without any further actions by the Parties.
Sample 1
Prior Dedications. The dedication set forth in Article 1.1 is subject to the prior well-bore and acreage dedications set forth in the following gathering agreements and described in Table 1.1 below: Gas Gathering Agreement dated May 1, 2007 by and between CenterPoint Energy Field Services and Camterra Resources Inc. Gas Gathering Agreement dated January 1, 2004 by and between CenterPoint Energy Field Services and WSF INC. Gas Gathering Agreement dated April 1, 2007 by and between X-X Pipeline Company, X-X Gathering Company, Q-West Energy Company and KCS Resources Inc To the extent, but only to the extent the foregoing agreements dedicate production from the following lands: • Camterra Dedication to Centerpoint Field Services: Sections 0,0,00 xx Xxxxxxxx 00X, Xxxxx 00X, Xxxxxxx Xxxxxx XX April 30, 2012 Sections 0,0,00 xx Xxxxxxxx 00X, Xxxxx 00X, Xxxxxxx Xxxxxx XX Sections 29, 32, 00 xx Xxxxxxxx 00X, Xxxxx 00X, Xxxxxxx Xxxxxx XX • WSF Dedication to Centerpoint Field Services: Section 00 xx Xxxxxxxx 00X, Xxxxx 00X, Xxxxxxx Xxxxxx XX Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 34, 35, 00 xx Xxxxxxxx 00X, Xxxxx 00X, Xxxxxxx Xxxxxx XX December 31, 2016 Sections 18, 00 xx Xxxxxxxx 00X, Xxxxx 00X, Xxxxxxx Xxxxxx, XX • Wellbore Dedication Only Xxxxxxxxxx 9-5, Section 9 of Township 15, Range 12W March 31, 2010; currently Xxxx Plywood 36-11, Section 36 of Township 15N, Range 13W, Caddo Parish, Louisiana month-to-month All real (immovable) property covered by all Leases of Shipper or any of its Affiliates now owned or hereafter acquired and located in Bossier, Caddo, DeSoto, Red River, Xxxxxxx, Xxxxxx, and Bienville Parishes (including, but not limited to, those Leases listed on Schedule 1.2) as to all zones and formations below the base of the Cotton Valley Sands as seen in or correlative to the Winchester Xxxxxxx 23-1 well (API# 17-031-24064) at a measured depth of 10,216 feet or the strategraphic equivalent of such depth which underlies all of the leases subject to this dedication, which zones and formations shall include, but not be limited to, the Haynesville Shale and the Bossier Shale. Note: As provided in Section 9.2(c), Receipt Points will include such xxxxx as are connected under this Agreement in the future and the specified Maximum Daily Quantity for each Receipt Point shall be mutually acceptable to the Parties. EGP #00 XXX XXXXX 11/14/08 1,000 X0 00X-00X EGP #00 XXX XXXXX 11/14/08 2,000 X00 00X-00X EGP #00 XXX XXXXX 1/15/09 2,000 X00 00X-00X XXXXX 17 #4 EL...
Sample 1

Related to Prior Dedications

  • Developer’s Attachment Facilities (“DAF”). Developer shall, at its expense, design, procure, construct, own and install the DAF, as set forth in Appendix A hereto.

  • Dedication (a) Subject to the provisions of Section 4.1 through Section 4.4 and Article 17, Shipper exclusively dedicates and commits to deliver to Gatherer under this Agreement all: (i) Shipper Gas formerly owned or Controlled by Producer and produced from those oil and gas properties located in the area described on Exhibit B-1 (such area, as the same may be modified from time to time by the Parties hereunder, the “Dedicated Area”) that are operated by Producer or that are not operated by Producer, but from which Producer has elected to take its applicable production in-kind (such Gas, “Dedicated Producer Gas”); and TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (ii) Shipper Gas that Shipper owns or Controls through one of the contracts described on Exhibit B-2, which Exhibit shall be updated at least annually by the Parties as part of the Development Plan and Gathering System Plan processes pursuant to Article 5 (such contracts, the “Dedicated Contracts”). Pending any formal amendment of Exhibit B-2 to update the list of Dedicated Contracts contained thereon, the Parties acknowledge and agree that Shippers’s delivery of Notice to Provider pursuant to Section 19.2 indicating Shipper’s intent to dedicate a contract to Provider under this Agreement as a “Dedicated Contract” shall be sufficient to classify (A) such contract as a “Dedicated Contract” for all purposes hereunder until Exhibit B-2 is formally amended to include the same, and (B) all volumes owned or Controlled by Shipper pursuant to such contract and delivered to Provider hereunder (to the extent such volumes were delivered from and after the last update of Exhibit B-2 and prior to the delivery of such written notice or after the delivery of such written notice) as “Dedicated Production” for all purposes hereunder. (b) All Dedicated Producer Gas and all Shipper Gas subject to a Dedicated Contract that (i) is not described in Section 4.1(c)(i), (ii) is not subject to a Conflicting Dedication, (iii) has not been reserved and utilized by Shipper pursuant to Section 4.3, and (iv) has not been released (either temporarily or permanently) from dedication pursuant to Section 4.4, is referred to collectively hereunder as “Dedicated Production”. (c) Notwithstanding the foregoing: (i) any Dedicated Producer Gas (A) that is produced from a well that was drilled and completed, and is operated, in each case, by a Non-Party that is not an Affiliate of Shipper, and (B) that such Non-Party operator (and not Shipper or any of Shipper’s Affiliates) markets under applicable contractual arrangements with respect to such well and such Shipper Gas, shall not be considered “Dedicated Production” hereunder; and (ii) no Dedicated Contract may be amended, modified or otherwise supplemented by Shipper such that the volume of Dedicated Production resulting therefrom would be reduced without the prior written consent of Gatherer, such consent not to be unreasonably withheld; provided, however, that such restrictions shall not apply to (A) any termination or expiration of any such Dedicated Contract pursuant to its terms, or (B) the removal of any individual Well from the coverage of any such Dedicated Contract that, on average, produces less than 100 Mcf of Gas a Month.

  • 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.

  • 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.

  • Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including without limitation those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

  • No Dedication Without limitation of each Party’s obligations under Sections 10.5(a) and 10.5(b) herein, nothing in this Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to any person or entity not a Party to this Agreement. No undertaking by one Party to the other under any provision of this Agreement shall constitute the dedication of that Party’s system or any portion thereof to the other Party or the public, nor affect the status of Buyer as an independent public utility corporation or Seller as an independent individual or entity.

  • Sites 11.1 To enable Digital Origin to fulfill its obligations under any Contract: 11.1.1 the Client shall permit or procure permission for Digital Origin and any other person(s) authorised by Digital Origin to have reasonable access to the Client’s Sites, Equipment and/or Leased Equipment and any other relevant telephone system and other equipment and shall provide such reasonable assistance as Digital Origin requests. 11.1.2 Digital Origin will normally carry out work by appointment and during Normal Working Hours but may request the Client to (and the Client shall) provide access at other times. In the event that the Client cancels, reschedules or misses any pre-arranged appointment, it shall be liable to Digital Origin for any costs and expenses which Digital Origin incurs as a result of such cancellation, rescheduling and/or missed appointment. 11.2 At the Client’s request, Digital Origin may agree (at its sole discretion) to work outside Normal Working Hours and the Client shall pay Digital Origin’s reasonable charges for complying with such a request. 11.3 The Client warrants, represents and undertakes that it has adequate health and safety provisions in place at its Sites. 11.4 The Client shall procure all consents, licences and permissions necessary from landlords or other third parties for the carrying out of preparation work, installation of Equipment and/or Leased Equipment and for the provision, use and operation of the Equipment and/or Leased Equipment and/or Services at the Sites (save to the extent Digital Origin has agreed in writing to do it). 11.5 In the event that the Client is not able to procure the necessary consent to provide the Services within ninety days of the Connection Date Digital Origin will be able to terminate the Contract forthwith by giving the Client written notice without any liability. If the Client has not managed to procure the necessary consents and Digital Origin has commenced work the Client shall, on request by Digital Origin, refund to Digital Origin the cost of all such work (including, without limitation, staff costs and equipment costs) of an amount no less than £500 as Early Termination Charges. 11.6 The Client shall provide Digital Origin with the site and building plans (to include full details of all internal cabling runs) of the Sites and provide Digital Origin with full details of all other services in the vicinity of the proposed works. 11.7 The Client is responsible for making the Site good after any work undertaken by Digital Origin at a Site, including without limitation replacing and re-siting items and for re-decorating. 11.8 If the Client is moving a Site, Digital Origin must be informed as soon as is reasonably practicable so that suitable arrangements can be made to transfer the Client’s Services and Equipment and/or Leased Equipment. Unless otherwise requested, Digital Origin, in addition to moving the Service and Equipment and/or Leased Equipment, will also endeavour (but cannot guarantee that it will be able, for example where the Client moves to a different exchange) to retain the Client’s relevant existing telephone number(s). If Digital Origin can transfer the Client’s existing number(s) to the new Site the existing Contract will continue under the same terms and conditions. If Digital Origin cannot transfer the Client’s existing number(s) to the new Site, installation of a new line will be required at the new Site, or if the Client requires any additional new lines, this will attract new line connection charges and a new Contract. 11.9 If the new installation or moving Site involves the visit of an engineer to facilitate the new installation the Client will be responsible for the costs incurred by Digital Origin for the appointment together with an administration fee in respect of any additional works required to be undertaken by Digital Origin to complete the transfer of the Services and Equipment and/or Leased Equipment. 11.10 If the Client moves Sites and leaves the Equipment and/or Leased Equipment for the new owner/tenant the Client is required to inform them that the Service will be discontinued if Digital Origin is not contacted by the new owner/tenant within 72 hours for the purpose of entering into a new contract with Digital Origin for such services and subject in any event to the agreement of such a contract. 11.11 If at the new Site the Client receives services from an alternative supplier the Client is responsible for any contractual agreement the Client has with them and any liabilities the Client may incur for terminating such agreement.

  • Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

  • Projects There shall be a thirty (30) km free zone around the projects excluding the Metro Vancouver Area. For local residents, kilometers shall be paid from the boundary of the free zone around the project. Workers employed by any contractor within an identified free zone who resides outside of that same free zone will be paid according to the Kilometer Chart from the project to their residence less thirty

  • Prior Locations (a) Set forth in Schedule 3(a) is the information required by Schedule 2(a) or Schedule 2(b) with respect to each location or place of business previously maintained by any Company at any time during the past four months. (b) Set forth in Schedule 3(b) is the information required by Schedule 2(c) or Schedule 2(d) with respect to each other location at which, or other person or entity with which, any of the Collateral consisting of inventory or equipment has been previously held at any time during the past twelve months.

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