Common use of Priority of Service Clause in Contracts

Priority of Service. Midstream Co shall cause Product delivered on the System to have the following priorities (to the extent not in violation of applicable Law): (i) Dedicated Production delivered by Original Producer shall have Priority One Service on the System and, subject to Section 5.1, Midstream Co shall not grant Priority One Service to any other Person; (ii) Product delivered by a Third Party on a non-interruptible basis shall have priority service on the System over services for Product delivered to the System on an interruptible basis; and (iii) Product delivered by Original Producer on an interruptible basis (pursuant to Section 5.2) shall have priority service on the System over services for all other Product delivered to the System on an interruptible basis; provided, however, that Midstream Co’s performance of its obligations under Section 5.3(a) with respect to any Product (A) of any Producer Assignee, or (B) produced from any Well not included on a Development Report or for which new, modified, or enhanced facilities are contemplated in a System Plan, or (C) that is not subject to the Dedications under this Agreement, in each case, shall at all times be subject to the available capacity on the System at the time that Product is available to be Tendered by Producer at a Receipt Point; and provided, further, that in the case of clause (B) above, Producer may make alternative arrangements for the Product not received by Midstream Co pursuant to Section 3.3.

Priority of Service. Midstream Co shall cause Product delivered on the System to have the following priorities (to the extent not in violation of applicable Law): (i) Dedicated Production delivered by Original Producer shall have Priority One Service on the System and, subject to Section 5.1, Midstream Co shall not grant Priority One Service to any other Person; (ii) Product delivered by a Third Party on a non-interruptible basis shall have priority service on the System over services for Product delivered to the System on an interruptible basis; and (iii) Product delivered by Original Producer on an interruptible basis (pursuant to Section 5.2) shall have priority service on the System over services for all other Product delivered to the System on an interruptible basis; provided, however, that Midstream Co’s performance of its obligations under Section 5.3(a) with respect to any Product (A) of any Producer Assignee, or (B) produced from any Well not included on a Development Report or for which new, modified, modified or enhanced facilities are contemplated in a System Plan, or (C) that is not subject to the Dedications under this Agreement, in each case, shall at all times be subject to the available capacity on the System at the time that Product is available to be Tendered by Producer at a Receipt Point; and provided, further, that in the case of clause (B) above, Producer may make alternative arrangements for the Product not received by Midstream Co pursuant to Section 3.3.