Third Party Gas. Gas produced by Persons other than Producer and not considered Dedicated Gas hereunder.
Third Party Gas. Buyer understands and agrees the Gas delivered hereunder may be supplied either from Seller's Gas or from Gas purchased by Seller from third parties; provided however, if such Gas is purchased from third parties, Seller shall be solely responsible for the payment of the purchase price of Gas to such third parties.
Third Party Gas. Processor agrees that it shall not accept Third Party Gas into the Processor’s Facilities if such Third Party Gas shall cause Producer’s Gas to not meet the Redelivery Point Gas Quality Specifications.
Third Party Gas. Effective October 1, 2011, the Parties amend and restate in its entirety Section 9.4 of the GGA as follows:
a. Subject to the limitation in Section 9.4(d) below, any Gas delivered by a party other than the Preferential Capacity Shippers (collectively, “Third Party Gas”), as well as all Undedicated Shipper Gas, shall be treated as Shipper Gas for purposes of calculating the Annual Volume Commitments and Total Volume Commitment.
b. The Parties acknowledge that Shipper and Gatherer are also parties to that certain Gas Gathering and Treating Agreement between Shipper and Gatherer dated April 29, 2010 (“Olympia GGA”) covering the Olympia Gathering System. The term “Olympia Gathering System” as used herein will have the meaning given to such term in the Olympia GGA. Shipper Partner and Gatherer are also parties to a like agreement covering the Olympia Gathering System (the “Partner Olympia GGA”). Shipper Partner and Gatherer are also parties to a like agreement covering the Magnolia Gathering System (the “Partner Magnolia GGA”).
Third Party Gas. Effective October 1, 2011, the Parties amend and restate in its entirety Section 9.4 of the GGA as follows:
a. Any Gas delivered by a party other than the Preferential Capacity Shippers (collectively, “Third Party Gas”), as well as all Undedicated Shipper Gas, shall be treated as Shipper Gas for purposes of calculating the Annual Volume Commitments and Total Volume Commitment.
b. The Parties acknowledge that Shipper and Gatherer are also parties to that certain Gas Gathering and Treating Agreement between Shipper and Gatherer dated September 1, 2009 (“Magnolia GGA”) covering the Magnolia Gathering System. The term “Magnolia Gathering System” as used herein will have the meaning given to such term in the Magnolia GGA. The term “Magnolia Contract Year” means the one-year period of time from each September 1 continuing to August 31 of the following year. Shipper Partner and Gatherer are also parties to a like agreement covering the Magnolia Gathering System (the “Partner Magnolia GGA”), Shipper Partner and Gatherer are also parties to a like agreement covering the Olympia Gathering System (the “Partner Olympia GGA”).
Third Party Gas. All volumes of natural gas that are not owned by the Members through their respective working interest ownership in reserves located in the Basin shall be considered “third party gas.” The Members agree that, subject to the contractual obligations of the Company under the Member-Affiliate Processing Agreements and subject to other contracts entered into on or after the date hereof with (other than in the case of any Standard Third Party Processing Agreements) the consent of the Members, (i) all third party gas will be processed at the Plant pursuant to the economic parameters, volumes and capacity as negotiated by the Members with the goal of maximizing the returns to the Members at the Plant and (ii) third party processing contracts will be a combination of fee based processing, percentage of liquids and keep whole contracts based on market conditions. Until sufficient capacity exists at the Plant to accommodate both the Members’ gas under the Member-Affiliate Processing Agreements and available third party gas contracted to the Company, Anadarko will make other processing capacity it owns in the Basin available to divert Members’ gas from the Plant so that the contracted third party gas can be processed at the Plant pursuant to the terms and conditions of a processing agreement between the Company and Anadarko, the form of which is attached as Exhibit G (the “Satellite Processing Agreement”). For the avoidance of doubt, the Satellite Processing Agreement shall provide for a term not exceeding 36 months following the date hereof and shall provide for a processing fee payable to Anadarko equal to $ ** per Mcf of gas processed. The making available of the capacity for such diversions shall be subject to the ability to deliver such gas to such processing facilities without the installation of new, different or additional facilities and to the then-available other processing capacity of Anadarko and shall be subject to such arrangements being economically reasonable to both the Company and Anadarko. The Parties agree that certain capacities in Train I, II and III will be made available for processing third party gas.
Third Party Gas. Gatherer agrees that Third Party Gas delivered into the Gathering System shall meet the Third Party Receipt Point Gas Quality Specifications; provided, however, Shipper may, at its option, agree to allow Gatherer to accept Third Party Gas that does not meet the Third Party Receipt Point Gas Quality Specifications on an interruptible basis; provided, however, any incremental FL&U and costs incurred by Shipper as a result of such non-conforming Third Party Gas shall be borne by Gatherer and reimbursed to Shipper.
Third Party Gas. For all volumes (in Mcf’s) of Third Party Gas delivered to the Receipt Points in each Month, Shipper shall pay the Gathering System Owners the fees, charges, or other amounts that Shipper collects or deducts as gathering fees to gather such Third Party Gas from the Receipt Points to the Delivery Points under the contracts under which Shipper purchases and/or gathers such Third Party Gas each Month less an administrative fee of $0.05 per Mcf. Shipper shall retain, and shall have no obligation to pay to Gathering System Owners, any other amounts received by Shipper under such contracts for Third Party Gas.
Third Party Gas. Producer acknowledges and understands that Gatherer will receive Producer's Gas utilizing Gatherer's Gas System which may also receive and commingle Producer's Gas with Third Party Gas delivered to Gatherer by other parties, at all times subject to Producer's Capacity and such Third Party Gas meeting the Gas Quality Specifications set forth in the attached Exhibit "F." Accordingly, the Gas delivered to the Producer or Producer' s designee at the Delivery Points may not be the same Gas, or have the same characteristics, as Producer's Gas delivered to the Receipt Points.
Third Party Gas. Gatherer agrees that it shall not accept Third Party Gas into the Gathering System if such Third Party Gas shall cause Producer’s Gas to not meet the Delivery Point Gas Quality Specifications.
