Common use of Service Provider Service Commitment Clause in Contracts

Service Provider Service Commitment. Subject to and in accordance with the terms and conditions of this Agreement, Service Provider commits to providing the following services (collectively, the “Services”) to Producer: (a) construct and expand the Fresh Water System to connect to the Fresh Water System each Well in the Service Area that (i) is included in the Initial Development Plan, or (ii) is within two miles of the Fresh Water System (the “Two Mile Perimeter”) as it exists as of the date of the Connection Notice for such Well, subject in each case to the procedures set forth in Section 3.6 (such Xxxxx, and such other Xxxxx that become Required Connection Xxxxx in accordance with Section 3.6, “Required Connection Xxxxx”); (b) Subject to Section 2.2, take, or cause to be taken, at each Take Point on each Day, Water in a quantity at least equal to the volume of Water required to be taken in the Fresh Water System in order to perform the Fresh Water Services; (c) make available or cause to be made available, by underground or surface water lines and through the use of Impoundment Facilities if applicable, at the interconnection between the Fresh Water System and the High-Rate Transfer Facilities at each Well Pad during the periods nominated by Producer in accordance with Section 9.1 during which hydraulic fracturing operations are to be carried out at such Well Pad, Fresh Water at sufficient rates of flow so that Frac Water can be made available at the Frac Water Delivery Points during such period at the required rates of flow; (d) during the periods nominated by Producer in accordance with Section 9.1 during which hydraulic fracturing operations are to be carried out at such Well Pad, (i) transfer Fresh Water from the Fresh Water System, (ii) if so instructed by Producer, mix such Fresh Water with Produced Water in the proportion instructed by Producer, and (iii) transfer such Fresh Water or mixed Fresh Water and Produced Water, as Frac Water, through the High-Rate Transfer Facilities to the Frac Water Delivery Point at such Well Pad (the “High-Rate Transfer Services”); (e) receive, or cause to be received, into its (or its subcontractors’) trucks, or otherwise collect, all Attributable Produced Water from the Produced Water Receipt Points and deliver, or cause to be delivered, such Produced Water (i) to a Well Pad in order to mix with Fresh Water in accordance with Producer’s instructions, or (ii) to a Designated Receiving Facility (the “Transportation Services”); and (f) cause Produced Water collected from the Produced Water Receipt Points (other than Produced Water delivered to a Well Pad to be mixed with Fresh Water in accordance with Producer’s instructions) to be treated, recycled, released, sold for re-use, or otherwise disposed of through Designated Receiving Facilities.