Common use of Seller's Reservations/Gas Warranties Clause in Contracts

Seller's Reservations/Gas Warranties. Seller reserves the following rights and reasonable quantities of Gas to satisfy same ("Seller's Reservations"): (i) to operate the Committed Reserves as a reasonably prudent operator; provided, in the event Seller should commence Gas flow from a new well, or the repair, reworking, or plugging of any well, notice of same shall be given to Buyer as soon as reasonably practical, (ii) to separate or process the Gas using only mechanical, ambient temperature equipment located at surface production facilities on the Subject Leases, (iii) to use Gas produced from the Subject Leases for operating the Subject Leases, and (iv) to pool, communitize or unitize the Subject Leases, in which event this Agreement shall cover Seller's Interest therein. Seller represents and warrants that Gas delivered has been produced from Seller’s Committed Reserves which are not dedicated or committed to interstate commerce, and has not been commingled at any point upstream from the Delivery Point(s) with other Gas which may be sold, consumed, transported or otherwise utilized in interstate commerce in such a manner as will subject the Gathering Services or any portion thereof, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. and (ii) Seller will take no action that would be designed to subject the Field Services or any portion thereof to the, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. Delivery of Gas hereunder shall not constitute such an action. Seller shall indemnify, defend and hold harmless Buyer and the Field Services provider from any and all loss, cost, expense and Claims, including, without limitation, punitive, exemplary, treble, incidental, consequential and indirect damages, lost profits or other business interruption damages, arising from or out of a breach of the representations and warranties contained in this paragraph.

Seller's Reservations/Gas Warranties. Seller reserves the following rights and reasonable quantities of Gas to satisfy same ("Seller's Reservations"): (i) to operate the Committed Reserves as a reasonably prudent operator; provided, in the event Seller should commence Gas flow from a new well, or the repair, reworking, or plugging of any well, notice of same shall be given to Buyer as soon as reasonably practicalno later than five Business Days prior thereto, (ii) to separate or process the Gas using only mechanical, ambient temperature equipment located at surface production facilities on the Subject Leases, (iiiiii)as soon as reasonably practical, (ii) to use Gas produced from the Subject Leases for operating the Subject Leases, and (iviv)(iii) to pool, communitize or unitize the Subject Leases, in which event this Agreement shall cover Seller's Interest therein. Seller represents and warrants that Gas delivered has been produced from Seller’s Committed Reserves which are not dedicated or committed to interstate commerce, and has not been commingled at any point upstream from the Delivery Point(s) with other Gas which may be sold, consumed, transported or otherwise utilized in interstate commerce in such a manner as will subject the Gathering Services or any portion thereof, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. and (ii) Seller will take no action that would be designed to subject the Field Services or any portion thereof to the, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. Delivery of Gas hereunder shall not constitute such an action. Seller shall indemnify, defend and hold harmless Buyer and the Field Services provider from any and all loss, cost, expense and Claims, including, without limitation, punitive, exemplary, treble, incidental, consequential and indirect damages, lost profits or other business interruption damages, arising from or out of a breach of the representations and warranties contained in this paragraph.

Seller's Reservations/Gas Warranties. Seller reserves the following rights and reasonable quantities of Gas to satisfy same ("Seller's Reservations"): (i) to operate the Committed Reserves as a reasonably prudent operator; provided, in the event Seller should commence Gas flow from a new well, or the repair, reworking, or plugging of any well, notice of same shall be given to Buyer as soon as reasonably practicalno later than five Business Days prior thereto, (ii) to separate or process the Gas using only mechanical, ambient temperature equipment located at surface production facilities on the Subject Leases, (iii) to use Gas produced from the Subject Leases for operating the Subject Leases, and (iv) to pool, communitize or unitize the Subject Leases, in which event this Agreement shall cover Seller's Interest therein. Seller represents and warrants that Gas (i) gas delivered has been produced from Seller’s Committed Reserves which are not dedicated or committed to interstate commerce, and has not been commingled at any point upstream from the Delivery Point(s) with other Gas which may be sold, consumed, transported or otherwise utilized in interstate commerce in such a manner as will subject the Gathering Services or any portion thereof, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. Act and (ii) Seller will take no action that would be designed to subject the Field Services or any portion thereof to the, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. Delivery of Gas hereunder shall not constitute such an action. Seller shall indemnify, defend and hold harmless Buyer and the Field Services provider from any and all loss, cost, expense and Claims, including, without limitation, punitive, exemplary, treble, incidental, consequential and indirect damages, lost profits or other business interruption damages, arising from or out of a breach of the representations and warranties contained in this paragraph.

Seller's Reservations/Gas Warranties. Seller reserves the following rights and reasonable quantities of Gas to satisfy same ("Seller's Reservations"): (i) to operate the Committed Reserves as a reasonably prudent operator; provided, in the event Seller should commence Gas flow from a new well, or the repair, reworking, or plugging of any well, notice of same shall be given to Buyer as soon as reasonably practical, (ii) to separate or process the Gas using only mechanical, ambient temperature equipment located at surface production facilities on the Subject Leases, (iii) to use Gas produced from the Subject Leases for operating the Subject Leases, and (iv) to pool, communitize or unitize the Subject Leases, in which event this Agreement shall cover Seller's Interest therein. Seller represents and warrants that Gas delivered has been produced from Seller’s Committed Reserves which are not dedicated or committed to interstate commerce, and has not been commingled at any point upstream from the Delivery Point(s) with other Gas which may be sold, consumed, transported or otherwise utilized in interstate commerce in such a manner as will subject the Gathering Services or any portion thereof, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. and (ii) Seller will take no action that would be designed to subject the Field Services or any portion thereof to the, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. Delivery of Gas hereunder shall not constitute such an action. Seller shall indemnify, defend and hold harmless Buyer and the Field Gathering Services provider from any and all loss, cost, expense and Claims, including, without limitation, punitive, exemplary, treble, incidental, consequential and indirect damages, lost profits or other business interruption damages, arising from or out of a breach of the representations and warranties contained in this paragraph. [Same issue as Article I of Gathering Agreement].

Seller's Reservations/Gas Warranties. Seller reserves the following rights and reasonable quantities of Gas to satisfy same ("Seller's Reservations"): (i) to operate the Committed Reserves as a reasonably prudent operator; provided, in the event Seller should commence Gas flow from a new well, or the repair, reworking, or plugging of any well, notice of same shall be given to Buyer as soon as reasonably practicalno later than five Business Days prior thereto, (ii) to separate or process the Gas using only mechanical, ambient temperature equipment located at surface production facilities on the Subject Leases, (iii) to use Gas produced from the Subject Leases for operating the Subject LeasesSubject, and (iv) to pool, communitize or unitize the Subject Leases, in which event this Agreement shall cover Seller's Interest therein, (v) a quantity of Gas equal to the volumes delivered pursuant to the Production Payment Agreement (vi) Overriding Royalty Gas attributable to Grantor-Marketed Properties from which Star VPP, LP, has not elected to take production in kind, and (vii) Overriding Royalty Gas subject to Existing Sales Contracts (as defined in the Production Payment Agreement). Any Gas not subject to the Production Payment Agreement shall not be a part of Seller's Reservations and shall be made available to Buyer hereunder. Seller represents covenants and warrants to Buyer that Gas delivered has been produced from Seller’s Committed Reserves which are not dedicated or committed to interstate commerce, and has not been commingled at any point upstream from shall meet the Delivery Point(s) with other Gas which may be sold, consumed, transported or otherwise utilized in interstate commerce in such a manner as will subject the Gathering Services or any portion thereof, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. and (ii) Seller will take no action that would be designed to subject the Field Services or any portion thereof to the, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. Delivery of Gas hereunder shall not constitute such an actionSpecifications. Seller shall indemnify, defend and hold harmless Buyer and the Field Services provider from any and all loss, cost, expense and Claims, including, without limitation, including all Claims for punitive, exemplary, treble, incidental, consequential and indirect damages, lost profits or other business interruption damages, arising from or out of a breach of the representations foregoing covenant and warranties contained in this paragraphwarranty, without regard to the causes related thereto, including the negligence of Buyer or any other party, whether such negligence be sole, joint or concurrent, or active or passive.

Seller's Reservations/Gas Warranties. Seller reserves the following rights and reasonable quantities of Gas to satisfy same ("Seller's Reservations"): (i) to operate the Committed Reserves as a reasonably prudent operator; provided, in the event Seller should commence Gas flow from a new well, or the repair, reworking, or plugging of any well, notice of same shall be given to Buyer as soon as reasonably practicalno later than five Business Days prior thereto, (ii) to separate or process the Gas using only mechanical, ambient temperature equipment located at surface production facilities on the Subject Leases, (iii) to use Gas produced from the Subject Leases for operating the Subject Leases, and (iv) to pool, communitize or unitize the Subject Leases, in which event this Agreement shall cover Seller's Interest therein. Seller represents covenants and warrants to Buyer that Gas delivered (i) has been produced from Seller’s the Committed Reserves which are not dedicated or committed com­mitted to interstate commerce, and has not been commingled at any point upstream from the Delivery Point(s) with other Gas which is or may be sold, consumed, transported or otherwise utilized in interstate commerce in such a manner as which will subject the Gathering Services Buyer's pipeline system, or any portion thereof, to the jurisdiction of the Federal Energy Regulatory Commission or any successor succes­sor authority under the Natural Gas Act. Act and (ii) Seller will take no action that would be designed to subject shall meet the Field Services or any portion thereof to the, to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act. Delivery of Gas hereunder shall not constitute such an actionSpecifications. Seller shall indemnify, defend and hold harmless Buyer and the Field Services provider from any and all loss, cost, expense and Claims, including, without limitation, including all Claims for punitive, exemplary, treble, incidental, consequential and indirect damages, lost profits or other business interruption damages, arising from or out of a breach of the representations foregoing covenants and warranties contained in this paragraphwarranties, without regard to the causes related thereto, including the negligence of Buyer or any other party, whether such negligence be sole, joint or concurrent, or active or passive.