System Facilities. The Norwegian Defence Estates Agency (NDEA) may agree to do non-substantive changes to the building facilities such as changes to non-load bearing walls, new electricity lines and outputs, upgrade of cooling systems and/or ventilation etc. Costs relating to this will be stipulated by NDEA and taken into consideration by Purchaser when evaluating each tender.
System Facilities. The transmission facilities at or beyond the first Point of Interconnection, excluding the Interconnection Facilities, necessary to interconnect the Project and Tie-Line to SCE’s electrical system and the ISO Controlled Grid, including network upgrades necessary to remedy short circuit or stability problems resulting from the interconnection of the Project and Tie-Line (and other projects with interconnection applications preceding that of the HDPP) to SCE’s electrical system and the ISO Controlled Grid and including any equipment required for the RAS. Such facilities are described in Exhibit B.
System Facilities. Upon execution of this Agreement by the Parties hereto, Gatherer shall proceed with the final planning, design, acquisition of rights of way, and the construction of the New Facilities in accordance with this Article III. The Parties agree and acknowledge that:
a. the Purchased Assets constitute a portion of the System and are existing and operating, and are being purchased by Gatherer from Producer concurrently with execution of this Agreement;
b. Gatherer shall construct the New Facilities for itself (with respect to the Facilities) and on behalf of RTP (with respect to the Condensate Facilities) as set forth herein, and Gatherer and RTP shall operate and maintain the Purchased Assets and the New Facilities as a single integrated System as set forth herein;
c. the Facilities, when fully constructed, will be capable of receiving, separating, gathering, dehydrating and treating, as applicable, Producer’s Gas from each Receipt Point(s) and redelivering the Residue Gas to the Delivery Point(s) in accordance with this Agreement, at least up to the MDQ;
d. the Condensate Facilities, when fully constructed, will be capable of receiving and transporting Shipper’s Condensate from each Condensate Receipt Point(s) and redelivering such Shipper’s Condensate, less L&U, to the Condensate Delivery Point(s) in accordance with the Condensate Agreement, at least up to the Condensate MDQ;
e. except as required by applicable laws, the Facilities shall be dedicated exclusively to this Agreement and shall be used solely for the provision of the gathering and related services hereunder for Producer’s Gas; and
f. the dedication by Gatherer of the Facilities exclusively to the performance of this Agreement shall be a covenant running with the land with respect to the Facilities and shall be binding on all successors and assigns of Gatherer thereto. If, at any time during the term of this Agreement, Gatherer sells, transfers, conveys, assigns, grants, or otherwise disposes of all or any interest in the Facilities, any such sale, transfer, conveyance, assignment, or other disposition shall be expressly made subject to the terms of this Agreement.
System Facilities
