Product Dedication. Subject to Section 2.2 through Section 2.4, during the Term, Producer exclusively dedicates and commits to deliver to Midstream Co under this Agreement, as and when produced, all of the Dedicated Production and agrees not to deliver any Dedicated Production to any other gatherer, purchaser, marketer, or other Person prior to delivery to Midstream Co at the Receipt Points.
Product Dedication. Shipper commits to exclusively transport on the Carrier System, pursuant to the terms of this Agreement, all quantities of LPG which it owns or controls and which Shipper or its Affiliates (including TransMontaigne Partners L.P.) is required to deliver to the Delivery Point pursuant to the PMI Contract or to north eastern Mexico including, without limitation, the geographic region served by the Pipeline Assets or the Matamoros Terminal Site; provided, however, that neither Party shall be obligated by the foregoing to either build or pay for any additional facilities that are required to connect LPG sources or markets to Carrier’s System not connected thereto as of the Service Commencement Date nor increase the throughput capacity of the Carrier System. Should Shipper obtain a payment, penalty payment, or “take or pay” payment from PMI related to the PMI’s failure purchase the contractually required amount of LPG from Shipper, then any such payment recovered by Shipper shall be divided between Shipper and Carrier as both Parties shall mutually agree in good faith. If the Parties cannot agree upon a mutually acceptable division of such payment, then the matter shall be resolved pursuant to the procedures set out in Article 9 herein.
Product Dedication. During the Term, Producer dedicates, declares, pledges and commits (and has caused and shall cause its Affiliates to dedicate, declare, pledge and commit) to sell and deliver to Buyer, in accordance with the Buy-Sell Agreement, all of the Dedicated Production that is produced and saved and agrees not to sell, transfer or convey (and shall cause its Affiliates not to sell, transfer or convey) any of such Dedicated Production to any other Third Party gatherer, purchaser, marketer, or other Person prior to sale and delivery to Buyer at the Origin Points, in each case to the extent such delivery or sale would preclude Producer from complying with the Dedications hereunder. Beginning on the Effective Date and continuing during the Term, Producer shall not (and shall cause its Affiliates not to) enter into any agreement that would give Control over any Dedicated Production to any Person other than Buyer or its Affiliates, unless such Person acknowledges in writing that all such Dedicated Production and the related Dedicated Interests shall continue to be subject to the Buy-Sell Agreement and this Agreement for the remainder of the Term, except as provided in Article 6 and Section 2.4(f). Producer shall exercise reasonable efforts to continue to Control the Dedicated Production that is Controlled by Producer or its Affiliates (excluding the Chevron Group) as of the Effective Date or which may be subsequently Controlled by Producer or its Affiliates (including Chevron Group) during the Term (and shall cause its Affiliates to use reasonable efforts to continue to Control the Dedicated Production that is Controlled by such Affiliates as of the Effective Date (excluding the Chevron Group) or may be subsequently Controlled (including the Chevron Group) during the Term). Subject to the foregoing, Producer shall not (and shall cause its Affiliates not to) take any actions or make any omissions where the primary purpose or the primary result is to circumvent the Dedications made hereunder by delivering Dedicated Production to an Affiliate or a Third Party contrary to the terms herein.
