Common use of Reservations From Dedication Clause in Contracts

Reservations From Dedication. The following are reserved and excepted from Dedicated Properties and Dedicated Gas: (a) Gas used upstream of the Receipt Points that a reasonable and prudent operator would deem useful or necessary to develop Dedicated Xxxxx on the Dedicated Properties and Gas that any Producer is expressly required to deliver under oil and gas leases, contractual agreements or other legal rights under which the Dedicated Gas is produced, but not including Gas used for secondary recovery, tertiary recovery or other similar enhanced oil recovery operations, provided that, Producers (i) will be and are obligated under this Contract to promptly provide notice of Dedicated Xxxxx pursuant to Section 2.5(a) of the General Terms and to cooperate with Gatherer diligently and in good faith to allow Gatherer to connect the Dedicated Xxxxx to the System and (ii) will only flare Gas from a Dedicated Well once connected to the System to remedy emergency situations; (b) Dedicated Properties and Gas that have been dedicated pursuant to a gathering agreement with a third party prior to the Effective Date and listed on Exhibit B-1, until such prior dedication expires or terminates; (c) Dedicated Properties and Gas from lands, leases, or xxxxx within the Dedication Area acquired after the Effective Date from a Person (other than an Affiliate of Producers) that are subject to dedication under a third party non-Affiliate gathering agreement that was made prior to the date of acquisition, until such prior dedication expires or terminates; (d) Gas from xxxxx (i) that are not connected to a Receipt Point on the Effective Date, (ii) that are not operated by any of the Producers or any of their Affiliates, and (iii) in which the working interests of Producers and their Affiliates in such xxxxx, taken together with any working interests in such xxxxx that were acquired by a Person, directly or indirectly (whether by asset sale, stock sale, merger, or otherwise), from Producers or their Affiliates after the date hereof, is, in the aggregate, less than **%; and (e) all rights of Producers and their Affiliates in the Dedicated Properties to substances other than Gas.

Appears in 1 contract

Samples: Gas Gathering Contract (Access Midstream Partners Lp)

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Reservations From Dedication. The following are reserved and excepted from Dedicated Properties and Dedicated GasGas under the Contract: (a) Gas used upstream of the Receipt Points that a reasonable and prudent operator would deem useful or necessary to develop Dedicated Xxxxx on the Dedicated Properties and Gas that any Producer is expressly required to deliver under oil and gas leases, contractual agreements or other legal rights under which the Dedicated Gas is produced, but not including Gas used for secondary recovery, tertiary recovery recovery, or other similar enhanced oil recovery operations, ; provided that, that Producers (i) will be and are obligated under this the Contract to promptly provide notice of Dedicated Xxxxx pursuant to Section 2.5(a) of the General Terms Contract and to cooperate with Gatherer diligently and in good faith to allow Gatherer to connect the Dedicated Xxxxx to the System System, and (ii) will only flare Gas from a Dedicated Well once connected to the System to remedy emergency situations; (b) Dedicated Properties and Gas that have been dedicated pursuant to a gathering agreement with a third party prior to the Effective Date and listed on Exhibit B-1D, until such prior dedication expires or terminates; (c) Dedicated Properties and Gas from lands, leases, or xxxxx within the Dedication Area acquired after the Effective Date from a Person (other than an Affiliate of Producers) that are subject to dedication under a third party non-Affiliate gathering agreement that was made prior to the date of acquisition, until such prior dedication expires or terminates; (d) Gas from xxxxx (i) that are not connected to a Receipt Point on the Effective Date, (ii) that are not operated by any of the Producers or any of their Affiliates, and (iii) in which the working interests of Producers and their Affiliates in such xxxxx, taken together with any working interests in such xxxxx that were acquired by a Person, directly or indirectly (whether by asset sale, stock sale, merger, or otherwise), from Producers or their Affiliates after the date hereof, is, in the aggregate, less than **30%; and (e) all rights of Producers and their Affiliates in the Dedicated Properties to substances other than Gas.

Appears in 1 contract

Samples: Gas Gathering Contract (Access Midstream Partners Lp)

Reservations From Dedication. The following are reserved and excepted from Dedicated Properties and Dedicated GasGas under the Contract: (ai) Gas used upstream of the Receipt Points that a reasonable and prudent operator would deem useful or necessary to develop Dedicated Xxxxx on the Dedicated Properties Properties, and Gas that any Producer is expressly required to deliver under oil and gas leases, contractual agreements or other legal rights under which the Dedicated Gas is produced, but not including Gas used for secondary recovery, tertiary recovery recovery, or other similar enhanced oil recovery operations, ; provided that, that Producers (i) will be and are obligated under this the Contract to promptly provide notice of Dedicated Xxxxx pursuant to Section 2.5(a) of the General Terms Contract and to cooperate with Gatherer diligently and in good faith to allow Gatherer to connect the Dedicated Xxxxx to the System System, and (ii) will only flare Gas from a Dedicated Well once connected to the System to remedy emergency situations; (bii) Dedicated Properties and Gas that have been dedicated pursuant to a gathering agreement with a third party Third Party prior to the Effective Date and listed on Exhibit B-1E, until such prior dedication expires or terminates, but such Dedicated Properties will not become subject to the Contract upon such expiration or termination if Producers determine, acting in good faith and considering all of the circumstances, that Producers’ economic benefit from delivering Gas from such Dedicated Properties to the System under the Contract would not exceed Producers’ economic benefit from continuing to deliver such Gas to the existing gathering system, and provide written notice of such determination to Gatherer; (ciii) Dedicated Properties and Gas from lands, leases, or xxxxx within the Dedication Area acquired after the Effective Date from a Person (other than an Affiliate of Producers) that are subject to dedication under a third party Third Party non-Affiliate gathering agreement that was made prior to the date of acquisition, until such prior dedication expires or terminates. Upon the expiration or termination of such dedication, Producers may continue delivering Gas to the receipt points on the gathering system covered by such Third Party non-Affiliate gathering agreement to the extent such receipt points were existing on the expiration or termination of such dedication. All other Gas from such Dedicated Properties shall become subject to the Contract upon the expiration or termination of such dedication; (div) Gas from xxxxx (i) that are not connected to a Receipt Point on the Effective Date, (ii) that are not operated by any of the Producers or any of their Affiliates, and (iii) in which the working interests of Producers and their Affiliates in such xxxxx, taken together with any working interests in such xxxxx that were acquired by a Person, directly or indirectly (whether by asset sale, stock sale, merger, or otherwise), from Producers or their Affiliates after the date hereof, is, in the aggregate, less than **30%; and (ev) all rights of Producers and their Affiliates in the Dedicated Properties to substances other than Gas.

Appears in 1 contract

Samples: Gas Gathering Contract (Access Midstream Partners Lp)

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Reservations From Dedication. The following are reserved and excepted from Dedicated Properties and Dedicated Gas: (a) Gas used upstream of the Receipt Points that a reasonable and prudent operator would deem useful or necessary to develop Dedicated Xxxxx on the Dedicated Properties Properties, and Gas that any Producer is expressly required to deliver under oil and gas leases, contractual agreements or other legal rights under which the Dedicated Gas is produced, but not including Gas used for secondary recovery, tertiary recovery recovery, or other similar enhanced oil recovery operations, ; provided that, that Producers (i) will be and are obligated under this Contract to promptly provide notice of Dedicated Xxxxx pursuant to Section 2.5(a) 2.5 of the General Terms and to cooperate with Gatherer diligently and in good faith to allow Gatherer to connect the Dedicated Xxxxx to the System and (ii) will only flare Gas from a Dedicated Well once connected to the System to remedy emergency situations; (b) Dedicated Properties and Gas that have been dedicated pursuant to a gathering agreement with a third party Third Party prior to the Effective Date and listed on Exhibit B-1, until such prior dedication expires or terminates, but such Dedicated Properties will not become subject to this Contract upon such expiration or termination if Producers determine, acting in good faith and considering all of the circumstances, that Producers’ economic benefit from delivering Gas from such Dedicated Properties to the System under this Contract would not exceed Producers’ economic benefit from continuing to deliver such Gas to the existing gathering system, and provide written notice of such determination to Gatherer; (c) Dedicated Properties and Gas from lands, leases, or xxxxx within the Dedication Area acquired after the Effective Date from a Person (other than an Affiliate of Producers) that are subject to dedication under a third party non-Affiliate gathering agreement that was made prior to the date of acquisition, until such prior dedication expires or terminates. Upon the expiration or termination of such dedication, Producers may continue delivering Gas to the receipt points on the gathering system covered by such third party non-Affiliate gathering agreement to the extent such receipt points were existing on the expiration or termination of such dedication. All other Gas from such Dedicated Properties shall become subject to this Contract upon the expiration or termination of such dedication; (d) Gas from xxxxx (i) that are not connected to a Receipt Point on the Effective Date, (ii) that are not operated by any of the Producers or any of their Affiliates, and (iii) in which the working interests of Producers and their Affiliates in such xxxxx, taken together with any working interests in such xxxxx that were acquired by a Person, directly or indirectly (whether by asset sale, stock sale, merger, or otherwise), from Producers or their Affiliates after the date hereof, is, in the aggregate, less than **%; and (e) all rights of Producers and their Affiliates in the Dedicated Properties to substances other than Gas.

Appears in 1 contract

Samples: Gas Gathering Contract (Access Midstream Partners Lp)

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