Common use of Redetermination of Gathering Fee Clause in Contracts

Redetermination of Gathering Fee. Effective on each Redetermination Date, the Gathering Fees for each System will be redetermined and adjusted in accordance with the cost of service provisions set forth in Exhibit 4.3 (the “COS Calculations”). No later than January 31 of each year beginning in 2012, Gatherer will send notice of the adjusted Gathering Fee for such year for each System, along with supporting documents for the calculations, to the Shipper. If the Shipper disagrees with Gatherer’s calculations, the Shipper will have until February 28 of such year to commence an audit of the relevant books and records of Gatherer used to conduct the COS Calculations. If the Parties cannot agree on the adjusted Gathering Fee for a System prior to February 28 of such year, the dispute will be resolved pursuant to Section 18, but in the interim the newly redetermined Gathering Fee will be in effect, subject to adjustment and refund when the new Gathering Fee is finalized. Any redetermination of Gathering Fees under this section 4, including any resolution of any dispute over redetermination resolved pursuant to Section 18, shall result in all Anchor Shippers being subject to the same schedule of Gathering Fees for Dedicated Production during the term of this Agreement.