Common use of Shipper’s Reservations Clause in Contracts

Shipper’s Reservations. Shipper reserves the following rights with respect to Dedicated Production for itself and for the operator of the relevant Dedicated Properties: (a) to operate Xxxxx producing Dedicated Production as a reasonably prudent operator in its sole discretion, including the right, but never the obligation, to drill new Xxxxx, to repair and rework old Xxxxx, to renew or extend, in whole or in part, any Oil and Gas Interest covering any of the Dedicated Properties, and to cease production from or abandon any Well or surrender any such Oil and Gas Interest, in whole or in part, when no longer deemed by Shipper to be capable of producing Production in paying quantities under normal methods of operation; (b) to use Dedicated Production for operations (including reservoir pressure maintenance and drilling or fractionation fuel); (c) to deliver or furnish to Shipper’s lessors and holders of other existing similar burdens on production such Production as is required to satisfy the terms of the applicable leases or other applicable instruments; (d) to acquire Xxxxx connected to existing gathering systems and to continue to deliver to such gathering systems Production produced from such Xxxxx, provided that, to the extent that Production from such Xxxxx constitutes Dedicated Production, Shipper delivers a Connection Notice to Gatherer with respect to any such Well not later than 30 Days after its acquisition and thereafter delivers Production to such gathering system only until Gatherer has connected such Well to the Gathering System in accordance with Section 3.3; (e) to pool, communitize, or unitize Shipper’s Oil and Gas Interests with respect to Dedicated Production, provided that the share of Production produced from such pooled, communitized, or unitized Oil and Gas Interests shall be committed and dedicated to this Agreement; and (f) to gather Liquid Hydrocarbons produced from the Marcellus formation in trucks.

Shipper’s Reservations. Shipper reserves the following rights with respect to respecting Dedicated Production for itself and for the operator of the relevant Dedicated Propertiesitself: (a) to operate (or cause to be operated) Xxxxx producing Dedicated Production as a reasonably prudent operator in its sole discretion, including the right, right (but never not the obligation, ) to drill new Xxxxx, to repair and rework old Xxxxx, to temporarily shut in Xxxxx, renew or extend, in whole or in part, any Oil oil and Gas Interest covering any of the Dedicated Propertiesgas lease or term mineral interest, and to cease production from or abandon any Well or surrender any such Oil oil and Gas Interestgas lease, in whole or in part, when no longer deemed by Shipper to be capable of producing Production Gas or Liquid Condensate in paying quantities under normal methods of operation; ; (b) to use Dedicated Production for lease operations (including reservoir or mine pressure maintenance maintenance), water treatment facility operations and drilling or fractionation fuel); mine operations (other than running of mine equipment) relating to the lands within the Dedication Area; (c) to deliver or furnish to Shipper’s lessors and holders of other existing similar burdens on production with respect to such Dedicated Production as is required to satisfy the terms of the applicable oil and gas leases or other applicable instruments; ; (d) the sole and exclusive right to acquire Xxxxx connected process or arrange for the processing (including for purposes of liquids extraction) of such Dedicated Production (for the sake of clarity, Gatherer will have no right to existing gathering systems and to continue to deliver to such gathering systems Production produced from such Xxxxx, provided that, to process or arrange for processing of the extent that Production from such Xxxxx constitutes Dedicated Production, Shipper delivers a Connection Notice to Gatherer with respect to any such Well not later than 30 Days after its acquisition and thereafter delivers Production to such gathering system only until Gatherer has connected such Well to the Gathering System in accordance with Section 3.3; ); (e) to deliver or furnish Dedicated Production to end users if such end users receipt of such Dedicated Production is at a receipt point on Shipper’s gathering system prior to or at a designated Receipt Point; (f) to pool, communitize, communitize or unitize Shipper’s Oil and Gas Interests interests with respect to Dedicated Production, ; provided that the Shipper’s share of Dedicated Production produced from such pooled, communitized, communitized or unitized Oil and Gas Interests interests shall be committed and dedicated pursuant to this Agreement; (g) until the applicable Gathering System facilities are completed and ready for service, to temporarily connect Xxxxx or Planned Xxxxx into other gathering systems; (h) (i) all Joint Dedicated Liquid Condensate that is in excess of amount of Liquid Condensate with Priority One Service that is capable of being gathered, collected, stored and/or stabilized in the facilities comprising the Gathering System; (ii) all Joint Dedicated Liquid Condensate and Sole Dedicated Liquid Condensate that is caught during flowback operations with respect to any Well or otherwise related to mechanical failures of liquid separation on the Well Pad and (fiii) all Joint Dedicated Liquid Condensate and Sole Dedicated Liquid Condensate that is extracted at the Well Pad as a result of the inability of the Gathering System to gather provide Condensate Services for such Joint Dedicated Liquid Hydrocarbons Condensate and/or Sole Dedicated Liquid Condensate; (i) all Liquid Condensate produced from the Marcellus formation in trucks.Dedicated Properties that is not Joint Dedicated Liquid Condensate or Sole Dedicated Liquid Condensate; and (j) all Gas and Liquid Condensate produced from those xxxxx set forth on Exhibit K.

Shipper’s Reservations. Shipper reserves the following rights with respect to respecting Dedicated Production for itself and for the operator of the relevant Dedicated Propertiesitself: (a) to operate (or cause to be operated) Xxxxx producing Dedicated Production as a reasonably prudent operator in its sole discretion, including the right, right (but never not the obligation, ) to drill new Xxxxx, to repair and rework old Xxxxx, to temporarily shut in Xxxxx, renew or extend, in whole or in part, any Oil oil and Gas Interest covering any of the Dedicated Propertiesgas lease or term mineral interest, and to cease production from or abandon any Well or surrender any such Oil oil and Gas Interestgas lease, in whole or in part, when no longer deemed by Shipper to be capable of producing Production Gas or Liquid Condensate in paying quantities under normal methods of operation; ; (b) to use Dedicated Production for lease operations (including reservoir or mine pressure maintenance maintenance), water treatment facility operations and drilling or fractionation fuel); mine operations (other than running of mine equipment) relating to the lands within the Dedication Area; (c) to deliver or furnish to Shipper’s lessors and holders of other existing similar burdens on production with respect to such Dedicated Production as is required to satisfy the terms of the applicable oil and gas leases or other applicable instruments; ; (d) the sole and exclusive right to acquire Xxxxx connected process or arrange for the processing (including for purposes of liquids extraction) of such Dedicated Production (for the sake of clarity, Gatherer will have no right to existing gathering systems and to continue to deliver to such gathering systems Production produced from such Xxxxx, provided that, to process or arrange for processing of the extent that Production from such Xxxxx constitutes Dedicated Production, Shipper delivers a Connection Notice to Gatherer with respect to any such Well not later than 30 Days after its acquisition and thereafter delivers Production to such gathering system only until Gatherer has connected such Well to the Gathering System in accordance with Section 3.3; ); (e) to deliver or furnish Dedicated Production to end users if such end users receipt of such Dedicated Production is at a receipt point on Shipper’s gathering system prior to or at a designated Receipt Point; (f) to pool, communitize, communitize or unitize Shipper’s Oil and Gas Interests interests with respect to Dedicated Production, ; provided that the Shipper’s share of Dedicated Production produced from such pooled, communitized, communitized or unitized Oil and Gas Interests interests shall be committed and dedicated pursuant to this Agreement; (g) until the applicable Gathering System facilities are completed and ready for service, to temporarily connect Xxxxx or Planned Xxxxx into other gathering systems; (h) (i) all Joint Dedicated Liquid Condensate that is in excess of amount of Liquid Condensate with Priority One Service that is capable of being gathered, collected, stored and/or stabilized in the facilities comprising the Gathering System; (ii) all Joint Dedicated Liquid Condensate and Sole Dedicated Liquid Condensate that is caught during flowback operations with respect to any Well or otherwise related to mechanical failures of liquid separation on the Well Pad and (fiii) all Joint Dedicated Liquid Condensate and Sole Dedicated Liquid Condensate that is extracted at the Well Pad as a result of the inability of the Gathering System to gather provide Condensate Services for such Joint Dedicated Liquid Hydrocarbons Condensate and/or Sole Dedicated Liquid Condensate; (i) all Liquid Condensate produced from the Marcellus formation in trucksDedicated Properties that is not Joint Dedicated Liquid Condensate or Sole Dedicated Liquid Condensate; and (j) all Gas and Liquid Condensate produced from those xxxxx set forth on Exhibit K-1.

Shipper’s Reservations. Shipper reserves the following rights with respect to respecting Dedicated Production for itself and for the operator of the relevant Dedicated Propertiesitself: (a) to operate (or cause to be operated) Xxxxx producing Dedicated Production as a reasonably prudent operator in its sole discretion, including the right, right (but never not the obligation, ) to drill new Xxxxx, to repair and rework old Xxxxx, to temporarily shut in Xxxxx, renew or extend, in whole or in part, any Oil oil and Gas Interest covering any of the Dedicated Propertiesgas lease or term mineral interest, and to cease production from or abandon any Well or surrender any such Oil oil and Gas Interestgas lease, in whole or in part, when no longer deemed by Shipper to be capable of producing Production Gas or Liquid Condensate in paying quantities under normal methods of operation; ; (b) to use Dedicated Production for lease operations (including reservoir or mine pressure maintenance maintenance), water treatment facility operations and drilling or fractionation fuel); mine operations (other than running of mine equipment) relating to the lands within the Dedication Area; (c) to deliver or furnish to Shipper’s lessors and holders of other existing similar burdens on production with respect to such Dedicated Production as is required to satisfy the terms of the applicable oil and gas leases or other applicable instruments; ; (d) the sole and exclusive right to acquire Xxxxx connected process or arrange for the processing (including for purposes of liquids extraction) of such Dedicated Production (for the sake of clarity, Gatherer will have no right to existing gathering systems and to continue to deliver to such gathering systems Production produced from such Xxxxx, provided that, to process or arrange for processing of the extent that Production from such Xxxxx constitutes Dedicated Production, Shipper delivers a Connection Notice to Gatherer with respect to any such Well not later than 30 Days after its acquisition and thereafter delivers Production to such gathering system only until Gatherer has connected such Well to the Gathering System in accordance with Section 3.3; ); (e) to deliver or furnish Dedicated Production to end users if such end users receipt of such Dedicated Production is at a receipt point on Shipper’s gathering system prior to or at a designated Receipt Point; (f) to pool, communitize, communitize or unitize Shipper’s Oil and Gas Interests or its Affiliates’ interests with respect to Dedicated Production, ; provided that the Shipper’s share of Dedicated Production produced from such pooled, communitized, communitized or unitized Oil and Gas Interests interests shall be committed and dedicated pursuant to this Agreement; (g) until the applicable Gathering System facilities are completed and ready for service, to temporarily connect Xxxxx or Planned Xxxxx into other gathering systems; (h) (i) all Priority One Dedicated Liquid Condensate that is in excess of amount of Liquid Condensate with Priority One Service that is capable of being gathered, collected, stored and/or stabilized in the facilities comprising the Gathering System; (ii) all Priority One Dedicated Liquid Condensate and Priority Two Dedicated Liquid Condensate that is caught during flowback operations with respect to any Well or otherwise related to mechanical failures of liquid separation on the Well Pad and (fiii) all Priority One Dedicated Liquid Condensate and Priority Two Dedicated Liquid Condensate that is extracted at the Well Pad as a result of the inability of the Gathering System to gather provide Condensate Services for such Priority One Dedicated Liquid Hydrocarbons Condensate and/or Priority Two Dedicated Liquid Condensate; (i) all Liquid Condensate produced from the Marcellus formation in trucks.Dedicated Properties that is not Priority One Dedicated Liquid Condensate or Priority Two Dedicated Liquid Condensate; and (j) all Gas and Liquid Condensate produced from those xxxxx set forth on Exhibit J.

Shipper’s Reservations. Shipper reserves the following rights with respect to respecting Dedicated Production Gas for itself and for the operator of the relevant Dedicated Properties: : (a) subject to Section 3.4 and Section 3.5, to treat, compress, dehydrate, process, gather through High Pressure gathering systems, and transport Dedicated Gas, and to commit Dedicated Gas to third parties for treatment, compression, dehydration, processing, High Pressure gathering, and transportation, excepting only gathering through a Low Pressure gathering system (provided that the Dedicated Gas produced from the Elk Area shall not be subject to the reservation relating to High Pressure gathering systems, it being understood that such Dedicated Gas shall be gathered through the Elk Lateral) and compression through the System Compressor Stations; (b) to operate Xxxxx producing Dedicated Production Gas as a reasonably prudent operator in its sole discretion, including the right, but never the obligation, to drill new Xxxxx, to repair and rework old Xxxxx, to renew or extend, in whole or in part, any Oil oil and Gas Interest gas lease covering any of the Dedicated Properties, and to cease production from or abandon any Well or surrender any such Oil oil and Gas Interestgas lease, in whole or in part, when no longer deemed by Shipper to be capable of producing Production Gas in paying quantities under normal methods of operation; (bc) to use Dedicated Production Gas for lease operations under or pursuant to the applicable lease(s) (including reservoir pressure maintenance and drilling or fractionation fuelmaintenance); (cd) to deliver or furnish to Shipper’s lessors and holders of other existing similar burdens on production such Production Gas as is required to satisfy the terms of the applicable leases or other applicable instruments; (de) to acquire Xxxxx producing xxxxx connected to existing gathering systems and to continue to deliver to such gathering systems Production Gas produced from such Xxxxxxxxxx, provided that, to the extent that Production Gas from such Xxxxx xxxxx constitutes Dedicated ProductionGas, Shipper delivers a Connection Notice to Gatherer with respect to any such Well well not later than 30 Days days after its acquisition and thereafter delivers Production Gas to such gathering system only until Gatherer has connected such Well well to the Gathering System in accordance with Section 3.3; , and (ef) to pool, communitize, or unitize Shipper’s Oil and Gas Interests interests with respect to Dedicated ProductionGas, provided that the share of Production Gas produced from such pooled, communitized, or unitized Oil and interests attributable to Dedicated Gas Interests shall be committed and dedicated to this Agreement; and (f) to gather Liquid Hydrocarbons produced from the Marcellus formation in trucks.

Shipper’s Reservations. Shipper reserves the following rights with respect to respecting Dedicated Production for itself and for the operator of the relevant Dedicated Propertiesitself: (a) to operate (or cause to be operated) Xxxxx producing Dedicated Production as a reasonably prudent operator in its sole discretion, including the right, right (but never not the obligation, ) to drill new Xxxxx, to repair and rework old Xxxxx, to temporarily shut in Xxxxx, renew or extend, in whole or in part, any Oil oil and Gas Interest covering any of the Dedicated Propertiesgas lease or term mineral interest, and to cease production from or abandon any Well or surrender any such Oil oil and Gas Interestgas lease, in whole or in part, when no longer deemed by Shipper to be capable of producing Production Gas or Liquid Condensate in paying quantities under normal methods of operation; ; (b) to use Dedicated Production prior to delivery to Gatherer at the Receipt Points, or after receipt from Gatherer at the Delivery Points, for lease operations (including reservoir or production pressure maintenance maintenance), drilling operations, hydraulic fracturing operations and drilling water treatment facility operations, in each case relating to any properties of Shipper or fractionation fuel); its Affiliates, that are Dedicated Properties or, if not Dedicated Properties, relating to such operations on the same Well Pad from which such Dedicated Production was produced; (c) to deliver or furnish Dedicated Production to Shipper’s lessors and holders of other existing similar burdens on production the Dedicated Properties with respect to such Dedicated Production as is required to satisfy the terms of the applicable oil and gas leases; provided neither Shipper nor any of its Affiliates shall amend or modify any such leases or other applicable instruments; to increase the quantities of Dedicated Production required to be delivered under such oil and gas leases; (d) the sole and exclusive right to acquire Xxxxx connected to existing gathering systems and to continue to deliver to process or arrange for the processing (including for purposes of liquids extraction) of such gathering systems Production produced from such Xxxxx, Dedicated Production; provided that, however that any processing conducted prior to the extent that Production from such Xxxxx constitutes delivery of Dedicated Production, Shipper delivers a Connection Notice to Gatherer with respect to any such Well not later than 30 Days after its acquisition and thereafter delivers Production to such gathering system a Receipt Point shall be conducted using only until Gatherer has connected such Well to the Gathering mechanical, ambient temperature equipment located at surface production facilities or field compression facilities in a System in accordance with Section 3.3; Area; (e) to pool, communitize, communitize or unitize Shipper’s Oil and Gas Interests its Affiliates’ interests with respect to Dedicated Production, ; provided that the Shipper’s and its Affiliates’ share of Production Gas (including Drip Condensate and Liquid Condensate) produced from such pooled, communitized, communitized or unitized Oil and Gas Interests interests shall be committed and dedicated to under this Agreement; and ; (f) to gather retain and not deliver to the applicable Individual System (i) all Dedicated Liquid Hydrocarbons Condensate that is in excess of the amount of Liquid Condensate with Priority One Service that is capable of being gathered, and, as applicable, collected, stored and/or stabilized in the facilities comprising the applicable Individual System (i.e., the ACAA System or the Majorsville System); (ii) all Dedicated Liquid Condensate that is caught prior to delivery at the Receipt Points on the ACAA System or the Majorsville System during flowback operations with respect to any Well or otherwise related to mechanical failures of liquid separation on the Well Pad (provided that Shipper shall use commercially reasonable efforts to mitigate any such mechanical failures that occur); and (iii) all Dedicated Liquid Condensate that is extracted at the Well Pad prior to delivery at the Receipt Points in the ACAA System or the Majorsville System as a result of the inability of the applicable Individual System to provide Condensate Services for such Dedicated Liquid Condensate; (g) to retain and not deliver to the applicable Individual System all Gas and Liquid Condensate produced from those xxxxx set forth on Exhibit J-1; (h) with respect to any Existing Well and any Non-Operated Well with respect to which Gatherer exercises its right to provide Gathering Services pursuant to Section 3.2, until such Existing Well or Non-Operated Well, as applicable, is connected to the Marcellus formation in trucksapplicable Individual System and the applicable Individual System facilities are completed and ready to provide Gathering Services, to temporarily connect such Existing Well or Non-Operated Well, as applicable, into other gathering systems until the On-Line Date for such Existing Well or Non-Operated Well, as applicable; (i) if Gatherer has failed to connect any Operated Well it is obligated to connect under Section 3.2(a) by the applicable On-Line Deadline for such Operated Well, to temporarily connect such Well into other gathering systems until the On-Line Date for such Operated Well; and (j) to deliver or furnish Dedicated Production from Xxxxx on Well Pad NV 57 to end users if such end users’ receipt of such Dedicated Production is at a receipt point on Shipper’s gathering system prior to or at a designated Receipt Point.

Shipper’s Reservations. Shipper reserves the following rights with respect to respecting Dedicated Production for itself and for the operator of the relevant Dedicated Propertiesitself: (a) to operate (or cause to be operated) Xxxxx producing Dedicated Production as a reasonably prudent operator in its sole discretion, including the right, right (but never not the obligation, ) to drill new Xxxxx, to repair and rework old Xxxxx, to temporarily shut in Xxxxx, renew or extend, in whole or in part, any Oil oil and Gas Interest covering any of the Dedicated Propertiesgas lease or term mineral interest, and to cease production from or abandon any Well or surrender any such Oil oil and Gas Interestgas lease, in whole or in part, when no longer deemed by Shipper to be capable of producing Production Gas or Liquid Condensate in paying quantities under normal methods of operation; ; (b) to use Dedicated Production for lease operations (including reservoir or mine pressure maintenance maintenance), water treatment facility operations and drilling or fractionation fuel); mine operations (other than running of mine equipment) relating to the lands within the Dedication Area; (c) to deliver or furnish to Shipper’s lessors and holders of other existing similar burdens on production with respect to such Dedicated Production as is required to satisfy the terms of the applicable oil and gas leases or other applicable instruments; ; (d) the sole and exclusive right to acquire Xxxxx connected process or arrange for the processing (including for purposes of liquids extraction) of such Dedicated Production (for the sake of clarity, Gatherer will have no right to existing gathering systems and to continue to deliver to such gathering systems Production produced from such Xxxxx, provided that, to process or arrange for processing of the extent that Production from such Xxxxx constitutes Dedicated Production, Shipper delivers a Connection Notice to Gatherer with respect to any such Well not later than 30 Days after its acquisition and thereafter delivers Production to such gathering system only until Gatherer has connected such Well to the Gathering System in accordance with Section 3.3; ); (e) to deliver or furnish Dedicated Production to end users if such end users receipt of such Dedicated Production is at a receipt point on Shipper’s gathering system prior to or at a designated Receipt Point; (f) to pool, communitize, communitize or unitize Shipper’s Oil and Gas Interests or its Affiliates’ interests with respect to Dedicated Production, ; provided that the Shipper’s share of Dedicated Production produced from such pooled, communitized, communitized or unitized Oil and Gas Interests interests shall be committed and dedicated pursuant to this Agreement; (g) until the applicable Gathering System facilities are completed and ready for service, to temporarily connect Xxxxx or Planned Xxxxx into other gathering systems; (h) (i) all Priority One Dedicated Liquid Condensate that is in excess of amount of Liquid Condensate with Priority One Service that is capable of being gathered, collected, stored and/or stabilized in the facilities comprising the Gathering System; (ii) all Priority One Dedicated Liquid Condensate and Priority Two Dedicated Liquid Condensate that is caught during flowback operations with respect to any Well or otherwise related to mechanical failures of liquid separation on the Well Pad and (fiii) all Priority One Dedicated Liquid Condensate and Priority Two Dedicated Liquid Condensate that is extracted at the Well Pad as a result of the inability of the Gathering System to gather provide Condensate Services for such Priority One Dedicated Liquid Hydrocarbons Condensate and/or Priority Two Dedicated Liquid Condensate; (i) all Liquid Condensate produced from the Marcellus formation in trucksDedicated Properties that is not Priority One Dedicated Liquid Condensate or Priority Two Dedicated Liquid Condensate; and (j) all Gas and Liquid Condensate produced from those xxxxx set forth on Exhibit J-1.