Common use of Release Rights Clause in Contracts

Release Rights. At any time the operating pressure at a Receipt Point or on any Gathering Subsystem is not in compliance with the Required Pressure or in excess of the MAOP for any reason, including Force Majeure, Producer shall be entitled to an immediate temporary release from dedication and may immediately dispose of and/or deliver to any third Person any of Producer’s Gas available for delivery at Receipt Point(s) delivering to such Gathering Subsystem. In the event the operating pressure at a Receipt Point or on a Gathering Subsystem is not in compliance with the Required Pressure for a cumulative thirty (30) Days in any ninety (90) Day period for reasons other than Force Majeure, then upon Producer’s written notice to Gatherer, Gatherer shall have fifteen (15) Days from receipt of such notice to propose a feasible plan that shall, at Gatherer’s sole cost and expense, resolve the pressure issue within sixty (60) Days after proposing such plan (the “Resolution Period”) so that the pressure shall be maintained in compliance with the Required Pressure (including when all available Gas is delivered to the Receipt Point(s), i.e., including all of Producer’s Gas that may have been temporarily released). If (a) Gatherer fails to propose a resolution within the stated fifteen (15) Days, (b) the issue is not resolved after completion of Gatherer’s resolution, or (c) Gatherer does not complete its proposed resolution within the Resolution Period for any reason (but if Gatherer’s completion is delayed or prevented by reason of Force Majeure, the Resolution Period shall be extended by an additional 120 Days), Pg 12 of 45 Gas Gathering Agreement dated [__________] Between Alpine High Gathering LP (Gatherer) and [__________] (Producer) CONFIDENTIAL TREATMENT REQUESTED then Producer may elect, by giving written notice to Gatherer, to receive a permanent release from dedication as to any Receipt Point(s) and the portion(s) of the Dedicated Area associated with such Receipt Point(s) (and such released portion(s) shall be stated in terms of acreage); provided, however, Producer shall not be entitled to a permanent release to the extent that Producer’s good-faith estimate of affected volumes exceeds the last 2-Year Forecast Producer delivered to Gatherer in accordance with Section 2.1(c). If Producer elects a permanent release, the portion(s) of the Dedicated Area to be released shall be designated by Producer, acting reasonably and in good faith, provided that Producer shall provide to Gatherer (subject to the confidentiality and non-use restrictions set forth in this Agreement) reasonable evidence to support Producer’s determination of the portion(s) of the Dedicated Area to be released, and as long as Producer’s determination of the areas to be released is reasonably supported, such determination shall be deemed conclusive.

Release Rights. At any time that the operating pressure at a Receipt Delivery Point or on any Gathering Subsystem is not in compliance with the Required Pressure required operating pressure or is in excess of the MAOP for any reason, including Force Majeure, Producer shall be entitled to an immediate temporary release from dedication and may immediately dispose of and/or deliver to any third Person any of Producer’s Gas available for delivery at Receipt Point(s) delivering to such Gathering SubsystemDelivery Point. In the event the operating pressure at a Receipt Point or on a Gathering Subsystem is not in compliance with the Required Pressure required pressure for a cumulative thirty (30) Days in any ninety (90) Day period for reasons other than Force Majeure, then upon Producer’s written notice to GathererProcessor, Gatherer Processor shall have fifteen (15) Days from receipt of such notice to propose a feasible plan that shall, at GathererProcessor’s sole cost and expense, resolve the pressure issue within sixty (60) Days after proposing such plan (the “Resolution Period”) so that the pressure shall be maintained in compliance with the Required Pressure required pressure (including when all available Gas is delivered to the Receipt Delivery Point(s), i.e., including all of Producer’s Gas that may have been temporarily released). If (a) Gatherer Processor fails to propose a resolution within the stated fifteen (15) Days, (b) the issue is not resolved after completion of GathererProcessor’s resolution, or (c) Gatherer Processor does not complete its proposed resolution within the Resolution Period for any reason (but if GathererProcessor’s completion is delayed or prevented by reason of Force Majeure, the Resolution Period shall be extended by an additional 120 Days), Pg 12 of 45 Gas Gathering Agreement dated [__________] Between Alpine High Gathering LP (Gatherer) and [__________] (Producer) CONFIDENTIAL TREATMENT REQUESTED then Producer may elect, by giving written notice to GathererProcessor, to receive a permanent release from dedication as to any Receipt affected Delivery Point(s) and the portion(s) of the Dedicated Area associated with such Receipt Delivery Point(s) (and such released portion(s) shall may be stated in terms of xxxxx and/or acreage); provided, however, Producer shall not be entitled to a permanent release to the extent that (x) any Receipt Point(s) upstream of the Delivery Point are in compliance with the Required Pressure (as defined in the Gas Gathering Agreement) for such Receipt Point(s) or (y) Producer’s good-faith estimate of affected volumes exceeds the last 2-Year Forecast Producer delivered to Gatherer Processor in accordance with Section 2.1(c). If Producer elects a permanent releaserelease and the pressure issue only affects certain, specific Delivery Point(s), Producer’s permanent release shall be limited to such affected Delivery Point(s) and the portion of the Dedicated Area connected upstream of such affected Delivery Point(s), including existing and future xxxxx within such portion of the Dedicated Area. If Producer elects a permanent release and the pressure issue affects all Delivery Points receiving Processable Gas or all Delivery Points receiving Non-Processable Gas, the portion(s) of the Dedicated Area to be released shall be designated by Producer, acting reasonably and in good faith, provided that Producer shall provide to Gatherer Processor (subject to the confidentiality and non-use restrictions set forth in this Agreement) reasonable evidence to support Producer’s determination of the portion(s) of the Dedicated Area to be released, and as long as Producer’s determination of the areas to be released is reasonably supported, such determination shall be deemed conclusive. Producer’s right to a release from dedication shall not be deemed an election of remedies, and Producer shall be entitled to any and all other remedies, including specific performance and injunctive relief (without the need to post any bond).

Release Rights. At any time that the operating pressure at a Receipt Delivery Point or on any Gathering Subsystem is not in compliance with the Required Pressure required operating pressure or is in excess of the MAOP for any reason, including Force Majeure, Producer shall be entitled to an immediate temporary release from dedication and may immediately dispose of and/or deliver to any third Person any of Producer’s Gas available for delivery at Receipt Point(s) delivering to such Gathering SubsystemDelivery Point. In the event the operating pressure at a Receipt Point or on a Gathering Subsystem is not in compliance with the Required Pressure required pressure for a cumulative thirty (30) Days in any ninety (90) Day Gas Processing Agreement dated [______________] Between Alpine High Processing LP (Processor) and [_____________] (Producer) period for reasons other than Force Majeure, then upon Producer’s written notice to GathererProcessor, Gatherer Processor shall have fifteen (15) Days from receipt of such notice to propose a feasible plan that shall, at GathererProcessor’s sole cost and expense, resolve the pressure issue within sixty (60) Days after proposing such plan (the “Resolution Period”) so that the pressure shall be maintained in compliance with the Required Pressure required pressure (including when all available Gas is delivered to the Receipt Delivery Point(s), i.e., including all of Producer’s Gas that may have been temporarily released). If (a) Gatherer Processor fails to propose a resolution within the stated fifteen (15) Days, (b) the issue is not resolved after completion of GathererProcessor’s resolution, or (c) Gatherer Processor does not complete its proposed resolution within the Resolution Period for any reason (but if GathererProcessor’s completion is delayed or prevented by reason of Force Majeure, the Resolution Period shall be extended by an additional 120 Days), Pg 12 of 45 Gas Gathering Agreement dated [__________] Between Alpine High Gathering LP (Gatherer) and [__________] (Producer) CONFIDENTIAL TREATMENT REQUESTED then Producer may elect, by giving written notice to GathererProcessor, to receive a permanent release from dedication as to any Receipt affected Delivery Point(s) and the portion(s) of the Dedicated Area associated with such Receipt Delivery Point(s) (and such released portion(s) shall may be stated in terms of xxxxx and/or acreage); provided, however, Producer shall not be entitled to a permanent release to the extent that (x) any Receipt Point(s) upstream of the Delivery Point are in compliance with the Required Pressure (as defined in the Gas Gathering Agreement between Producer and Alpine High Gathering LP dated July 1, 2018) for such Receipt Point(s) or (y) Producer’s good-faith estimate of affected volumes exceeds the last 2-Year Forecast Producer delivered to Gatherer Processor in accordance with Section 2.1(c). If Producer elects a permanent release, the portion(s) of the Dedicated Area to be released shall be designated by Producer, acting reasonably and in good faith, provided that Producer shall provide to Gatherer Processor (subject to the confidentiality and non-use restrictions set forth in this Agreement) reasonable evidence to support Producer’s determination of the portion(s) of the Dedicated Area to be released, and as long as Producer’s determination of the areas to be released is reasonably supported, such determination shall be deemed conclusive. Producer’s right to a release from dedication or Fee reduction under this Section 3.5 shall not be deemed an election of remedies, and Producer shall be entitled to any and all other remedies, including specific performance and injunctive relief (without the need to post any bond).

Release Rights. At any time that the operating pressure at a Receipt Delivery Point or on any Gathering Subsystem is not in compliance with the Required Pressure required operating pressure or is in excess of the MAOP for any reason, including Force Majeure, Producer shall be entitled to an immediate temporary release from dedication and may immediately dispose of and/or deliver to any third Person any of Producer’s Gas available for delivery at Receipt Point(s) delivering to such Gathering SubsystemDelivery Point. In the event the operating pressure at a Receipt Point or on a Gathering Subsystem is not in compliance with the Required Pressure required pressure Gas Processing Agreement dated July 1, 2018 Between Alpine High Processing LP (Processor) and Apache Corporation (Producer) CONFIDENTIAL TREATMENT REQUESTED for a cumulative thirty (30) Days in any ninety (90) Day period for reasons other than Force Majeure, then upon Producer’s written notice to GathererProcessor, Gatherer Processor shall have fifteen (15) Days from receipt of such notice to propose a feasible plan that shall, at GathererProcessor’s sole cost and expense, resolve the pressure issue within sixty (60) Days after proposing such plan (the “Resolution Period”) so that the pressure shall be maintained in compliance with the Required Pressure required pressure (including when all available Gas is delivered to the Receipt Delivery Point(s), i.e., including all of Producer’s Gas that may have been temporarily released). If (a) Gatherer Processor fails to propose a resolution within the stated fifteen (15) Days, (b) the issue is not resolved after completion of GathererProcessor’s resolution, or (c) Gatherer Processor does not complete its proposed resolution within the Resolution Period for any reason (but if GathererProcessor’s completion is delayed or prevented by reason of Force Majeure, the Resolution Period shall be extended by an additional 120 Days), Pg 12 of 45 Gas Gathering Agreement dated [__________] Between Alpine High Gathering LP (Gatherer) and [__________] (Producer) CONFIDENTIAL TREATMENT REQUESTED then Producer may elect, by giving written notice to GathererProcessor, to receive either (i) a permanent release from dedication as to any Receipt affected Delivery Point(s) and the portion(s) of the Dedicated Area associated with such Receipt Delivery Point(s) (and such released portion(s) shall may be stated in terms of xxxxx and/or acreage)) or (ii) until the pressure issue has been resolved, [***] percent ([***]%) reduction in the then-existing applicable Fees for a volume of Gas equal to Producer’s good-faith estimate of the volumes that would have been delivered to the affected Delivery Points under this Agreement; provided, however, Producer shall not be entitled to a permanent release the remedies set forth in either subsection (i) or subsection (ii) to the extent that (x) any Receipt Point(s) upstream of the Delivery Point are in compliance with the Required Pressure (as defined in the Gas Gathering Agreement between Producer and Alpine High Gathering LP dated July 1, 2018) for such Receipt Point(s) or (y) Producer’s good-faith estimate of affected volumes exceeds the last 2-Year Forecast Producer delivered to Gatherer Processor in accordance with Section 2.1(c). If Producer elects a permanent release, the portion(s) of the Dedicated Area to be released shall be designated by Producer, acting reasonably and in good faith, provided that Producer shall provide to Gatherer Processor (subject to the confidentiality and non-use restrictions set forth in this Agreement) reasonable evidence to support Producer’s determination of the portion(s) of the Dedicated Area to be released, and as long as Producer’s determination of the areas to be released is reasonably supported, such determination shall be deemed conclusive.. Producer’s right to a release from dedication or Fee reduction under this Section 3.5 shall not be deemed an election of remedies, and Producer shall be entitled to any and all other remedies, including specific performance and injunctive relief (without the need to post any bond). Gas Processing Agreement dated July 1, 2018 Between Alpine High Processing LP (Processor) and Apache Corporation (Producer) CONFIDENTIAL TREATMENT REQUESTED

Release Rights. At any time the operating pressure at a Receipt Point or on any Gathering Subsystem is not in compliance with the Required Pressure or in excess of the MAOP for any reason, including Force Majeure, Producer shall be entitled to an immediate temporary release from dedication and may immediately dispose of and/or deliver to any third Person any of Producer’s Gas available for delivery at Receipt Point(s) delivering to such Gathering Subsystem. In the event the operating pressure at a Receipt Point or on a Gathering Subsystem is not in compliance with the Required Pressure for a cumulative thirty (30) Days in any ninety (90) Day period for reasons other than Force Majeure, then upon Producer’s written notice to Gatherer, Gatherer shall have fifteen (15) Days from receipt of such notice to propose a feasible plan that shall, at Gatherer’s sole cost and expense, resolve the pressure issue within sixty (60) Days after proposing such plan (the “Resolution Period”) so that the pressure shall be maintained in compliance with the Required Pressure (including when all available Gas is delivered to the Receipt Point(s), i.e., including all of Producer’s Gas that may have been temporarily released). If (a) Gatherer fails to propose a resolution within the stated fifteen (15) Days, (b) the issue is not resolved after completion of Gatherer’s resolution, or (c) Gatherer does not complete its proposed resolution within the Resolution Period for any reason (but if Gatherer’s completion is delayed or prevented by reason of Force Majeure, the Resolution Period shall be extended by an additional 120 Days), Pg 12 of 45 Gas Gathering Agreement dated [__________] Between Alpine High Gathering LP (Gatherer) and [__________] (Producer) CONFIDENTIAL TREATMENT REQUESTED then Producer may elect, by giving written notice to Gatherer, to receive either (i) a permanent release from dedication as to any Receipt Point(s) and the portion(s) of the Dedicated Area associated with such Receipt Point(s) (and such released portion(s) shall be stated in terms of acreage)) or (ii) until the issue has been resolved, [***] percent ([***]%) reduction in the then-existing Low Pressure Gathering Fee for a volume of Gas equal to Producer’s good-faith estimate of the affected volumes of Gas; provided, however, Producer shall not be entitled to a permanent release the remedies set forth in either subsection (i) or subsection (ii) to the extent that Producer’s good-faith estimate of affected volumes exceeds the last 2-Year Forecast Producer delivered to Gatherer in accordance with Section 2.1(c). If Producer elects a permanent release, the portion(s) of the Dedicated Area to be released shall be designated by Producer, acting reasonably and in good faith, provided that Producer shall provide to Gatherer (subject to the confidentiality and non-use restrictions set forth in this Agreement) reasonable evidence to support Producer’s determination of the portion(s) of the Dedicated Area to be released, and as long as Producer’s determination of the areas to be released is reasonably supported, such determination shall be deemed conclusive.

Release Rights. At any time that the operating pressure at a Receipt Delivery Point or on any Gathering Subsystem is not in compliance with the Required Pressure required operating pressure or is in excess of the MAOP for any reason, including Force Majeure, Producer shall be entitled to an immediate temporary release from dedication and may immediately dispose of and/or deliver to any third Person any of Producer’s Gas available for delivery at Receipt Point(s) delivering to such Gathering SubsystemDelivery Point. In the event the operating pressure at a Receipt Point or on a Gathering Subsystem is not in compliance with the Required Pressure required pressure for a cumulative thirty (30) Days in any ninety (90) Day period for reasons other than Force Majeure, then upon Producer’s written notice to GathererProcessor, Gatherer Processor shall have fifteen (15) Days from receipt of such notice to propose a feasible plan that shall, at GathererProcessor’s sole cost and expense, resolve the pressure issue within sixty (60) Days after proposing such plan (the “Resolution Period”) so that the pressure shall be maintained in compliance with the Required Pressure required pressure (including when all available Gas is delivered to the Receipt Delivery Point(s), i.e., including all of Producer’s Gas that may have been temporarily released). If (a) Gatherer Processor fails to propose a resolution within the stated fifteen (15) Days, (b) the issue is not resolved after completion of GathererProcessor’s resolution, or (c) Gatherer Processor does not complete its proposed resolution within the Resolution Period for any reason (but if GathererProcessor’s completion is delayed or prevented by reason of Force Majeure, the Resolution Period shall be extended by an additional 120 Days), Pg 12 of 45 Gas Gathering Agreement dated [__________] Between Alpine High Gathering LP (Gatherer) and [__________] (Producer) CONFIDENTIAL TREATMENT REQUESTED then Producer may elect, by giving written notice to GathererProcessor, to receive either (i) a permanent release from dedication as to any Receipt affected Delivery Point(s) and the portion(s) of the Dedicated Area associated with such Receipt Delivery Point(s) (and such released portion(s) shall may be stated in terms of xxxxx and/or acreage)) or (ii) until the pressure issue has been resolved, a [***] percent ([***]%) reduction in the then-existing applicable Fees for a volume of Gas equal to Producer’s good-faith estimate of the volumes that would have been delivered to the affected Delivery Points under this Agreement; provided, however, Producer shall not be entitled to a permanent release the remedies set forth in either subsection (i) or subsection (ii) to the extent that (x) any Receipt Point(s) upstream of the Delivery Point are in compliance with the Required Pressure (as defined in the Gas Gathering Agreement) for such Receipt Point(s) or (y) Producer’s good-faith estimate of affected volumes exceeds the last 2-Year Forecast Producer delivered to Gatherer Processor in accordance with Section 2.1(c). If Producer elects a permanent releaserelease and the pressure issue only affects certain, specific Delivery Point(s), Producer’s permanent release shall be limited to such affected Delivery Point(s) and the portion of the Dedicated Area connected upstream of such affected Delivery Point(s), including existing and future xxxxx within such portion of the Dedicated Area. If Producer elects a permanent release and the pressure issue affects all Delivery Points receiving Processable Gas or all Delivery Points receiving Non-Processable Gas, the portion(s) of the Dedicated Area to be released shall be designated by Producer, acting reasonably and in good faith, provided that Producer shall provide to Gatherer Processor (subject to the confidentiality and non-use restrictions set forth in this Agreement) reasonable evidence to support Producer’s determination of the portion(s) of the Dedicated Area to be released, and as long as Producer’s determination of the areas to be released is reasonably supported, such determination shall be deemed conclusive.. Producer’s right to a release from dedication or Fee reduction under this Section 3.5 shall not be deemed an election of remedies, and Producer shall be entitled to any and all other remedies, including specific performance and injunctive relief (without the need to post any bond). Gas Processing Agreement dated September 1, 2021 Between Altus Midstream Processing LP (Processor) and Apache Corporation (Producer)