Common use of Right of Producer to Supplement Fresh Water Supplies Clause in Contracts

Right of Producer to Supplement Fresh Water Supplies. (a) If the capacity and/or the volume of water in the Fresh Water System is insufficient for water to be made available at the flow rates desired by Producer at one or more Frac Water Delivery Points, Producer may, at its option and subject to the fees in Section 6.1 (a)(ii), provide supplemental Fresh Water by truck to the Service Provider at the applicable Impoundment Facility or Fresh Water or Produced Water to Service Provider’s facilities at the applicable Well Pad so that the desired flow rates can be achieved. (b) Notwithstanding Section 14.1(a)(ii), Service Provider shall not have any liability whatsoever for its inability to make water available at the flow rates desired by Producer.

Right of Producer to Supplement Fresh Water Supplies. (a) If the capacity and/or the volume of water in the Fresh Water System is insufficient for water to be made available at the flow rates desired by Producer at one or more Frac Water Delivery Points, Producer may, at its option and subject to the fees in Section 6.1 (a)(iiSection 6.1(a)(ii), provide supplemental Fresh Water by truck to the Service Provider at the applicable Impoundment Facility or Fresh Water or Produced Water to Service Provider’s facilities at the applicable Well Pad so that the desired flow rates can be achieved. (b) Notwithstanding Section 14.1(a)(ii), Service Provider shall not have any liability whatsoever for its inability to make water available at the flow rates desired by Producer.