Common use of Temporary Release Clause in Contracts

Temporary Release. Producer shall be entitled to an immediate temporary release from the Dedication of any Committed Produced Water (i) produced from any Dedicated Xxxxx connected to a given Delivery Point if, at any time during the Term, the average daily pressure at such Delivery Point exceeds the applicable Maximum Delivery Point Pressure; or (ii) not accepted by Gatherer (or that could not have been accepted by Gatherer if tendered by Producer) for any reason at a given Delivery Point (including, without limitation, Force Majeure, a change in Applicable Law, Scheduled Maintenance, Emergency, Committed Produced Water rejected or refused by Gatherer pursuant to Article V, a Permitted Flow Rate Curtailment Event, the failure to provide, delay in providing, or other unavailability of any portion of the System to receive such Committed Produced Water, or a suspension of Services by Gatherer when it is entitled to do so pursuant to GTC Section XI(c)(1)); provided, that if Gatherer accepts and provides the Services for any such Committed Produced Water by other means on the same priority service level as such Committed Produced Water would have otherwise been received on the System, Producer shall pay Gatherer the applicable fees hereunder for such Committed Produced Water and such Committed Produced Water will not be subject to the temporary release provisions of this Section 3.3(a). As soon as practicable following the occurrence of a lack of available capacity on the System, but in no event later than [***] day after the date on which such capacity is unavailable to Producer, Gatherer shall notify Producer in writing of the reason for the inability to accept Constrained Volumes and of Gatherer’s reasonable expectation in good faith of the date on which such lack of available capacity will be fully remedied. If (x) Committed Produced Water is subject to a temporary release, and (y) if such temporary release is due to (A) Producer’s failure to deliver Produced Water at sufficient pressure to enter the Delivery Point in accordance with the terms and conditions hereof (up to the applicable Maximum Delivery Point Pressure), (B) Gatherer’s rejection of Non-Conforming Produced Water, or (C) a Permitted Flow Rate Curtailment Event (each of (A), (B) and (C), a “Curtailment Remediation Event”) then Producer shall promptly use Reasonable Efforts to remedy the cause of such temporary release. For any Constrained Volumes, Producer may, at its sole option, store or deliver all or any portion of such released Committed Produced Water to any other Person or facility; provided, however, that Producer shall use Reasonable Efforts to minimize the term of such arrangements in accordance with the expected duration of the curtailment as provided in Gatherer’s written notice to Producer. Producer shall resume delivery of the released Constrained Volumes to Gatherer upon Producer’s receipt of Gatherer’s written notice that Gatherer is ready, willing and able to resume receiving the affected volumes of Committed Produced Water; provided, however, that if Producer has obtained a temporary source for the delivery of any volume of such Committed Produced Water, then unless otherwise agreed by the Parties, Producer shall resume delivery of such Committed Produced Water to Gatherer as soon as Producer may do so [***], but in no event later than the [***] day of the [***] Month that is [***] days after the date Gatherer provides Producer written notice that Gatherer can resume receiving and providing Services for such Committed Produced Water, or, if Producer has entered into a temporary arrangement for a longer period of time based on the expected duration of the curtailment as provided in Gatherer’s written notice to Producer, upon the termination of such temporary arrangement.

Temporary Release. Notwithstanding any other provision herein, during any period after the Initial System In-Service Date, as defined in Section 2.4, in the event (i) Gatherer is unable or fails to accept delivery of any of Producer's Water into Gatherer's Water System for any reason, including Force Majeure, (ii) the Barrels of Producer's Water that Gatherer is unable or fails to accept delivery of would exceed the operational capacity of Gatherer's Water System, considered with respect to Gatherer's Water System as a whole or the applicable Receipt Point, and (iii) Gatherer does not otherwise elect to truck such excess Barrels of Producer's Water in the same manner as set forth in Section l.4(a), notwithstanding the fact that the operational capacity of Gatherer's Water System is exceeded, then Producer shall be entitled to an immediate temporary release temporarily released from the Dedication dedication under this Agreement, and at Producer 's election, in its sole discretion, from the dedication under New SWD Agreement ("Temporary Release") , upon delivering written notice to Gatherer, and Gatherer's acknowledgement of any Committed Produced Water receipt of such notice. Failure of Gatherer to respond (ior accept delivery of the Excess Barrels of Producer's Water) produced from any Dedicated Xxxxx connected within twenty-four (24) hours to a given Delivery Point if, at any time during the Term, the average daily pressure at such Delivery Point exceeds the applicable Maximum Delivery Point Pressure; or (ii) not accepted waiver request from Producer shall be deemed to be a confirmation by Gatherer (or that could not have been accepted by Gatherer if tendered by Producer) for any reason at a given Delivery Point (including, without limitation, Force Majeure, a change in Applicable Law, Scheduled Maintenance, Emergency, Committed Produced Water rejected or refused by Gatherer pursuant to Article V, a Permitted Flow Rate Curtailment Event, the failure to provide, delay in providing, or other unavailability of any portion of the System lack of capacity on Gatherer's Water System. The Temporary Release of Producer 's Water shall only apply to receive such Committed Produced those quantities of Producer's Water, or a suspension of Services by which Gatherer when it is entitled to do so pursuant to GTC Section XI(c)(1)); provided, that if Gatherer accepts and provides the Services for any such Committed Produced Water by other means on the same priority service level as such Committed Produced Water would have otherwise been received on the System, Producer shall pay Gatherer the applicable fees hereunder for such Committed Produced Water and such Committed Produced Water will not be subject to the temporary release provisions of this Section 3.3(a). As soon as practicable following the occurrence of a lack of available capacity on the System, but in no event later than [***] day after the date on which such capacity is unavailable to Producer, Gatherer shall notify Producer in writing of the reason for the inability has failed to accept Constrained Volumes and of Gatherer’s reasonable expectation in good faith of at the date on which such lack of available capacity will be fully remedied. If (x) Committed Produced Water is subject to a temporary release, and (y) if such temporary release is due to (A) Producer’s failure to deliver Produced Water at sufficient pressure to enter the Delivery Point in accordance with the terms and conditions hereof (up to the applicable Maximum Delivery Point Pressure), (B) Gatherer’s rejection of Non-Conforming Produced Water, or (C) a Permitted Flow Rate Curtailment Event (each of (A), (B) and (C), a “Curtailment Remediation Event”) then Producer shall promptly use Reasonable Efforts to remedy the cause of such temporary release. For any Constrained Volumes, Producer may, at its sole option, store or deliver all or any portion of such released Committed Produced Water to any other Person or facility; provided, however, that Producer shall use Reasonable Efforts to minimize the term of such arrangements in accordance with the expected duration of the curtailment Receipt Points as provided in Gatherer’s written notice to Producerthis Section l .4(b) ("Temporary Released Barrels"). Producer shall resume delivery be solely responsible for all costs and expenses associated with the trucking or other transport of the released Constrained Volumes Temporary Released Barrels and the costs and expenses associated with the disposal of the Temporary Released Barrels, to Gatherer upon Producer’s receipt of Gatherer’s written notice that Gatherer is ready, willing and able the extent Producer elects not to resume receiving the affected volumes of Committed Produced Water; provided, however, that if Producer has obtained a temporary source for the delivery of any volume dispose of such Committed Produced WaterBarrels into the SWD Wxxxx, then unless otherwise agreed and such costs and expenses are not subject to reimbursement by Gatherer. Furthermore, the Parties, Producer Temporary Released Barrels shall resume delivery be considered Delivered Barrels for purposes of such Committed Produced Water to Gatherer as soon as Producer may do so [***], but in no event later than calculating the [***] day of the [***] Month that is [***] days after the date Gatherer provides Producer written notice that Gatherer can resume receiving and providing Services Shortfall Payment for such Committed Produced Water, or, if Producer has entered into a temporary arrangement for a longer period of time based on the expected duration of the curtailment as provided in Gatherer’s written notice to Producer, upon the termination of such temporary arrangementAccounting Period.

Temporary Release. Producer shall be entitled Notwithstanding any other provision herein, during any period after the Initial System In-Service Date, as defined in Section 2.4, when Transporter is unable or fails to an immediate temporary release from the Dedication accept delivery of any Committed Produced Water (i) produced from any Dedicated Xxxxx connected to a given Delivery Point ifof Producer's Crude into Transporter's Crude System or provide alternative trucking transportation for Producer's Crude, at any time during in accordance with the Term, the average daily pressure at such Delivery Point exceeds the applicable Maximum Delivery Point Pressure; or (ii) not accepted by Gatherer (or that could not have been accepted by Gatherer if tendered by Producer) terms of this Agreement for any reason at a given Delivery Point (whatsoever, including, without limitation, curtailment, Force MajeureMajeure or maintenance affecting Transporter's Crude System or any downstream pipeline or transporter, a change in Applicable Lawand there exists no uncured material breach of this Agreement on the part of Producer, Scheduled Maintenance, Emergency, Committed Produced Water rejected then Producer may temporarily elect to deliver the Barrels of Producer's Crude which Transporter has failed to or refused by Gatherer pursuant is unable to Article V, a Permitted Flow Rate Curtailment Event, the failure accept to provide, delay in providingalternative facilities or transporters, or other unavailability to provide its own trucking services, upon delivering written notice to Transporter of any portion of the System to receive such Committed Produced Water, or a suspension of Services by Gatherer when it is entitled its intent to do so pursuant (a "Temporary Release "). Failure of Transporter to GTC Section XI(c)(1)); provided, that if Gatherer accepts and provides respond (or accept delivery of the Services for any such Committed Produced Water by other means on the same priority service level as such Committed Produced Water would have otherwise been received on the System, excess Barrels of Producer's Crude) within twenty-four (24) hours to waiver request from Producer shall pay Gatherer be deemed to be a confirmation by Transporter of lack of capacity on Transporter's Crude System. The Temporary Release of Producer's Crude shall only apply to those certain Barrels of Producer's Crude which Transporter is unable to so accept (the "Released Barrels "). Furthermore, during any Accounting Period in which a Temporary Release occurs, the applicable fees hereunder Minimum Barrels for such Committed Produced Water and such Committed Produced Water will not Accounting Period shall be subject reduced by an amount equal to the temporary release provisions total of this Section 3.3(a)Released Barrels for such Accounting Period. As soon as practicable following the occurrence Within thirty (30) days after Transporter's delivery of a lack of available capacity on the System, but in no event later than [***] day after the date on which such capacity is unavailable to Producer, Gatherer shall notify Producer in writing of the reason for the inability to accept Constrained Volumes and of Gatherer’s reasonable expectation in good faith of the date on which such lack of available capacity will be fully remedied. If (x) Committed Produced Water is subject to a temporary release, and (y) if such temporary release is due to (A) Producer’s failure to deliver Produced Water at sufficient pressure to enter the Delivery Point in accordance with the terms and conditions hereof (up to the applicable Maximum Delivery Point Pressure), (B) Gatherer’s rejection of Non-Conforming Produced Water, or (C) a Permitted Flow Rate Curtailment Event (each of (A), (B) and (C), a “Curtailment Remediation Event”) then Producer shall promptly use Reasonable Efforts to remedy the cause of such temporary release. For any Constrained Volumes, Producer may, at its sole option, store or deliver all or any portion of such released Committed Produced Water to any other Person or facility; provided, however, that Producer shall use Reasonable Efforts to minimize the term of such arrangements in accordance with the expected duration of the curtailment as provided in Gatherer’s written notice to Producer. Producer shall resume of its ability to again accept delivery of the released Constrained Volumes Released Barrels in whole or in part, the Temporary Release will terminate as to Gatherer upon Producer’s receipt of Gatherer’s the quantity Transporter has specified in its written notice that Gatherer it is ready, willing and able to resume receiving the affected volumes of Committed Produced Water; provided, however, that if Producer has obtained a temporary source for the delivery of any volume of such Committed Produced Water, then unless otherwise agreed by the Parties, receive and Producer shall resume delivery of such Committed Produced Water Released Barrels to Gatherer as soon as Producer may do so [***], but in no event later than the [***] day of the [***] Month that is [***] days after the date Gatherer provides Producer written notice that Gatherer can resume receiving and providing Services for such Committed Produced Water, or, if Producer has entered into a temporary arrangement for a longer period of time based on the expected duration of the curtailment as provided in Gatherer’s written notice to Producer, upon the termination of such temporary arrangementTransporter.

Temporary Release. Producer shall be entitled Notwithstanding any other provision herein, during any period after the Initial System In-Service Date, as defined in Section 2.4, when Gatherer is unable or fails to an immediate temporary release from the Dedication accept delivery of any Committed Produced Water (i) produced from any Dedicated Xxxxx connected to a given Delivery Point if, at any time during of Producer's Gas in accordance with the Term, the average daily pressure at such Delivery Point exceeds the applicable Maximum Delivery Point Pressure; or (ii) not accepted by Gatherer (or that could not have been accepted by Gatherer if tendered by Producer) terms of this Agreement for any reason at a given Delivery Point (whatsoever, including, without limitation, curtailment, Force MajeureMajeure or maintenance affecting Gatherer's Gas System or any downstream pipeline or processing plant, a change in Applicable Lawand there exists no uncured material breach of this Agreement on the part of Producer, Scheduled Maintenancethen Producer m temporarily elect to deliver the quantities of Producer's Gas which Gatherer has failed to or is unable to accept to alternative gathering facilities, Emergency, Committed Produced Water rejected or refused by upon delivering written notice to Gatherer pursuant to Article V, a Permitted Flow Rate Curtailment Event, the failure to provide, delay in providing, or other unavailability of any portion of the System to receive such Committed Produced Water, or a suspension of Services by Gatherer when it is entitled its intent to do so pursuant (a "Temporary Release"). Failure of Gatherer to GTC Section XI(c)(1)); provided, that if Gatherer accepts and provides respond (or accept delivery of the Services for any such Committed Produced Water by other means on the same priority service level as such Committed Produced Water would have otherwise been received on the System, Excess Volumes of Producer's Gas) within twenty-four (24) hours to a waiver request from Producer shall pay be deemed to be a confirmation by Gatherer the applicable fees hereunder for such Committed Produced Water and such Committed Produced Water will not be subject to the temporary release provisions of this Section 3.3(a). As soon as practicable following the occurrence of a lack of available capacity on Gatherer's Gas System. The Temporary Release of Producer's Gas shall only apply to those certain volumes of Producer's Gas which Gatherer is unable to so accept (the System"Released Volumes"). Furthermore, but during any Accounting Period in no event later than [***] day after which a Temporary Release occurs, the date on which applicable Minimum Volume for such capacity is unavailable to Producer, Gatherer Accounting Period shall notify Producer in writing of the reason for the inability to accept Constrained Volumes and of Gatherer’s reasonable expectation in good faith of the date on which such lack of available capacity will be fully remedied. If (x) Committed Produced Water is subject to a temporary release, and (y) if such temporary release is due to (A) Producer’s failure to deliver Produced Water at sufficient pressure to enter the Delivery Point in accordance with the terms and conditions hereof (up reduced by an amount equal to the applicable Maximum Delivery Point Pressure), total of Released Volumes for such Accounting Period. Within thirty (B30) days after Gatherer’s rejection 's delivery of Non-Conforming Produced Water, or (C) a Permitted Flow Rate Curtailment Event (each of (A), (B) and (C), a “Curtailment Remediation Event”) then Producer shall promptly use Reasonable Efforts to remedy the cause of such temporary release. For any Constrained Volumes, Producer may, at its sole option, store or deliver all or any portion of such released Committed Produced Water to any other Person or facility; provided, however, that Producer shall use Reasonable Efforts to minimize the term of such arrangements in accordance with the expected duration of the curtailment as provided in Gatherer’s written notice to Producer. Producer shall resume of its ability to again accept delivery of the released Constrained Released Volumes in whole or in part, the Temporary Release will terminate as to the quantity Gatherer upon Producer’s receipt of Gatherer’s has specified in its written notice that Gatherer it is ready, willing and able to resume receiving the affected volumes of Committed Produced Water; provided, however, that if Producer has obtained a temporary source for the delivery of any volume of such Committed Produced Water, then unless otherwise agreed by the Parties, receive and Producer shall resume delivery of such Committed Produced Water Released Volumes to Gatherer as soon as Producer may do so [***], but in no event later than the [***] day of the [***] Month that is [***] days after the date Gatherer provides Producer written notice that Gatherer can resume receiving and providing Services for such Committed Produced Water, or, if Producer has entered into a temporary arrangement for a longer period of time based on the expected duration of the curtailment as provided in Gatherer’s written notice to Producer, upon the termination of such temporary arrangement.