Common use of Treating Service Fees Clause in Contracts

Treating Service Fees. Producers’ Gas or MV Mitigation Gas delivered to the Xxxxxxx Receipt Points may have carbon dioxide or hydrogen sulfide content that exceeds the quality specification for carbon dioxide or hydrogen sulfide content required from time to time by one or more of the Xxxxxxx Receiving Transporters. In such event, without limiting Gatherer’s rights under Section 10(c) of this Exhibit A, Gatherer will treat, if necessary, Producers’ Gas or MV Mitigation Gas to reduce the carbon dioxide content to 2% and hydrogen sulfide to not more than 1/4 grain of hydrogen sulfide per 100 Cubic Feet of Gas. The fee for Gatherer providing such treating services is included in the Xxxxxxx Fees to the extent such services are provided by Gatherer with facilities comprising part of a Xxxxxxx Gathering System on September 30, 2009. If additional facilities are required to provide such treating services or if the quality specification for carbon dioxide or hydrogen sulfide of the Xxxxxxx Receiving Transporters is reduced below 2% and 1/4 grain of hydrogen sulfide per 100 Cubic Feet of Gas, then Parties shall promptly negotiate an additional fee (that includes Gatherer’s cost of capital) to be paid by Producers to Gatherer to provide such additional treating services. If the Parties are unable to agree upon an additional fee, then Gatherer may refuse to accept receipt of such Producers’ Gas or MV Mitigation Gas for delivery to such Xxxxxxx Receiving Transporter. Gatherers’ right to negotiate additional treating fees or right to refuse further deliveries of such Producers’ Gas or MV Mitigation Gas shall apply to each additional reduction in quality specification for carbon dioxide or hydrogen sulfide content of the Xxxxxxx Receiving Transporters. In addition to the fees referred to above, Gatherer will charge Producer for, or retain Gas in connection with, as applicable, Producers’ allocable share of Fuel Gas and Lost and Unaccounted for Gas incurred in connection with treating services performed in accordance with this Section 2(c). If Gatherer removes carbon dioxide from Producers’ Gas or MV Mitigation Gas gathered on any Xxxxxxx Gathering System, Producers shall have the right (but not the obligation) to keep title to and retain all such carbon dioxide removed from Producers’ Gas or MV Mitigation Gas. If Producers so elect to retain title to such carbon dioxide, then Producers shall be responsible (at their sole risk, cost and expense) to arrange for the taking and delivery of such carbon dioxide at and from each point on the Xxxxxxx Gathering System where such carbon dioxide is so removed, and Gatherer shall make such carbon dioxide available for taking at prevailing pressures after treating. Notwithstanding the foregoing, nothing in this Section 2.3(c) shall require Gatherer to install facilities or incur any capital expense associated with such delivery.

Treating Service Fees. Producers’ Gas or and MV Mitigation Gas delivered to at the Xxxxxxx Midcon Receipt Points may have carbon dioxide or hydrogen sulfide content that exceeds the quality specification for carbon dioxide or hydrogen sulfide content required from time to time by one or more of the Xxxxxxx Midcon Receiving Transporters. In such event, without limiting Gatherer’s rights under Section 10(c8(c) of this Exhibit AB, Gatherer will treat, if necessary, Producers’ Gas or MV Mitigation Gas Gas, as applicable, to reduce the carbon dioxide content to 2% and hydrogen sulfide to not more than 1/4 grain of hydrogen sulfide per 100 Cubic Feet of Gas. The fee fees for Gatherer providing such treating services is are included in the Xxxxxxx Midcon Fees (unless a separate treating fee is otherwise shown on Schedule B2 for a well) to the extent such services are provided by Gatherer with facilities comprising part of a Xxxxxxx Midcon Gathering System on September 30, 2009. If additional facilities are required to provide such treating services or if the quality specification for carbon dioxide or hydrogen sulfide of the Xxxxxxx Midcon Receiving Transporters is reduced below 2% and 1/4 grain of hydrogen sulfide per 100 Cubic Feet of Gas, then Parties shall promptly negotiate an additional fee (that includes Gatherer’s cost of capital) to be paid by Producers to Gatherer to provide such additional treating services. If the Parties are unable to agree upon an additional fee, then Gatherer may refuse to accept receipt of such Producers’ Gas or MV Mitigation Gas for delivery to such Xxxxxxx Midcon Receiving Transporter. Gatherers’ right to negotiate additional treating fees or right to refuse further deliveries of such Producers’ Gas or MV Mitigation Gas shall apply to each additional reduction in quality specification for carbon dioxide or hydrogen sulfide content of the Xxxxxxx Midcon Receiving Transporters. In addition to the fees referred to above, Gatherer will charge Producer for, or retain Gas in connection with, as applicable, Producers’ allocable share of Fuel Gas and Lost and Unaccounted for Gas incurred in connection with treating services performed in accordance with this Section 2(c). If Gatherer removes carbon dioxide from Producers’ Gas or MV Mitigation Gas gathered on any Xxxxxxx Midcon Gathering System, Producers shall have the right (but not the obligation) to keep title to and retain all such carbon dioxide removed from Producers’ Gas or MV Mitigation Gas. If Producers so elect to retain title to such carbon dioxide, then Producers shall be responsible (at their sole risk, cost and expense) to arrange for the taking and delivery of such carbon dioxide at and from each point on the Xxxxxxx Midcon Gathering System where such carbon dioxide is so removed, and Gatherer shall make such carbon dioxide available for taking at prevailing pressures after treating. Notwithstanding the foregoing, nothing in this Section 2.3(c2(c) shall require Gatherer to install facilities or incur any capital expense associated with such delivery.

Treating Service Fees. Producers’ Gas, In-Kind Gas or MV Mitigation Gas delivered to the Xxxxxxx Springridge Receipt Points may have carbon dioxide or hydrogen sulfide content that exceeds the quality specification for carbon dioxide or hydrogen sulfide content required from time to time by one or more of the Xxxxxxx Springridge Receiving Transporters. In such event, without limiting Gatherer’s rights under Section 10(c9(c) of this Exhibit A, Gatherer will treat, if necessary, Producers’ Gas or MV Mitigation Gas to reduce the carbon dioxide content to 2% and hydrogen sulfide to not more than 1/4 grain 4 ppm of hydrogen sulfide per 100 Cubic Feet of Gassulfide. The fee for Gatherer providing such treating services is included in the Xxxxxxx Springridge Fees to the extent that the volume weighted average quality of Producers’ Gas, In-Kind Gas, and MV Mitigation Gas at all of the Springridge Receipt Points (i) does not exceed ** ppm for Hydrogen Sulfide or (ii) does not require more than ** gpm amine treating capacity to reduce the carbon dioxide content of such services are provided by Gatherer with facilities comprising part of a Xxxxxxx Gathering System on September 30, 2009Gas to not more than 2% at the Springridge Delivery Points. If additional treating facilities or injected Hydrogen Sulfide scavenger chemicals are required because (x) the volume weighted average quality of all of Producers’ Gas, In-Kind Gas, and MV Mitigation Gas at the Springridge Receipt Points exceeds ** ppm for Hydrogen Sulfide or more than ** gpm amine treating capacity is required to provide reduce the carbon dioxide content of such treating services Gas to not more than 2% at the Springridge Receipt Points (and such quality issues cannot be addressed pursuant to Section 9(c) of this Exhibit A) or if (y) the quality specification for carbon dioxide or hydrogen sulfide of the Xxxxxxx Springridge Receiving Transporters is reduced below 2% carbon dioxide and 1/4 grain 4 ppm of hydrogen sulfide per 100 Cubic Feet of Gassulfide, then Parties shall promptly negotiate Gatherer shall, subject to the negotiation of an additional fee (that includes Gatherer’s cost of capital) separate components for incremental capital and incremental operating expenses equal to be paid by Producers to an amount that would provide Gatherer with the Target IRR, take such actions as are necessary to provide such additional treating services. If the Parties are unable to agree upon an additional fee, then Gatherer may refuse to accept receipt of such Producers’ Gas or MV Mitigation Gas for delivery to such Xxxxxxx Springridge Receiving Transporter. Gatherers’ Gatherer’s right to negotiate additional treating fees or right to refuse further deliveries of such Producers’ Gas or MV Mitigation Gas shall apply to each additional reduction in quality specification for carbon dioxide or hydrogen sulfide content of the Xxxxxxx Springridge Receiving Transporters. In addition to the fees referred to above, Gatherer will charge Producer for, or retain Gas in connection with, as applicable, Producers’ allocable share of Fuel Gas and Lost and Unaccounted for (subject to the cap on Fuel Gas to be negotiated among the Parties pursuant to Section 11 of Exhibit A) incurred in connection with treating services performed in accordance with this Section 2(c). If Gatherer removes carbon dioxide from Producers’ Gas or MV Mitigation Gas gathered on any Xxxxxxx Springridge Gathering System, Producers shall have the right (but not the obligation) to keep title to and retain all such carbon dioxide removed from Producers’ Gas or MV Mitigation Gas. If Producers so elect to retain title to such carbon dioxide, then Producers shall be responsible (at their sole risk, cost and expense) to arrange for the taking and delivery of such carbon dioxide at and from each point on the Xxxxxxx Springridge Gathering System where such carbon dioxide is so removed, and Gatherer shall make such carbon dioxide available for taking at prevailing pressures after treating. Notwithstanding the foregoing, nothing in this Section 2.3(c) shall require Gatherer to install facilities or incur any capital expense associated with such delivery. Producers shall have the right to treat Producers’ Gas at the wellhead. Producers shall also have the right to aggregate Producers’ Gas solely for the purpose of treating at a central point prior to delivery to the Springridge Gathering System.

Treating Service Fees. Producers’ Gas or MV Mitigation Gas delivered to at the Xxxxxxx PRP Receipt Points may have carbon dioxide or hydrogen sulfide content that exceeds the quality specification for carbon dioxide or hydrogen sulfide content required from time to time by one or more of the Xxxxxxx PRP Receiving Transporters. In such event, without limiting Gatherer’s rights under Section 10(c9(c) of this Exhibit AC, Gatherer will treat, if necessary, treat Producers’ Gas or MV Mitigation Gas to reduce the carbon dioxide content to 2% and hydrogen sulfide to not more than 1/4 grain of hydrogen sulfide per 100 Cubic Feet of Gas. The fee fees for Gatherer providing such treating services is are included in the Xxxxxxx PRP Fees (unless a separate treating fee is otherwise shown on Schedule C2 for a well) to the extent such services are provided by Gatherer with facilities comprising part of a Xxxxxxx PRP Gathering System on September 30, 2009. If additional facilities are required to provide such treating services or if the quality specification for carbon dioxide or hydrogen sulfide of the Xxxxxxx PRP Receiving Transporters is reduced below 2% and 1/4 grain of hydrogen sulfide per 100 Cubic Feet of Gas, then Parties shall promptly negotiate an additional fee (that includes Gatherer’s cost of capital) to be paid by Producers to Gatherer to provide such additional treating services. If the Parties are unable to agree upon an additional fee, then Gatherer may refuse to accept receipt of such Producers’ Gas or MV Mitigation Gas for delivery to such Xxxxxxx PRP Receiving Transporter. Gatherers’ right to negotiate additional treating fees or right to refuse further deliveries of such Producers’ Gas or MV Mitigation Gas shall apply to each additional reduction in quality specification for carbon dioxide or hydrogen sulfide content of the Xxxxxxx PRP Receiving Transporters. In addition to the fees referred to above, Gatherer will charge Producer for, or retain Gas in connection with, as applicable, Producers’ allocable share of Fuel Gas and Lost and Unaccounted for Gas incurred in connection with treating services performed in accordance with this Section 2(c). If Gatherer removes carbon dioxide from Producers’ Gas or MV Mitigation Gas gathered on any Xxxxxxx PRP Gathering System, Producers shall have the right (but not the obligation) to keep title to and retain all such carbon dioxide removed from Producers’ Gas or MV Mitigation Gas. If Producers so elect to retain title to such carbon dioxide, then Producers shall be responsible (at their sole risk, cost and expense) to arrange for the taking and delivery of such carbon dioxide at and from each point on the Xxxxxxx PRP Gathering System where such carbon dioxide is so removed, and Gatherer shall make such carbon dioxide available for taking at prevailing pressures after treating. Notwithstanding the foregoing, nothing in this Section 2.3(c2(c) shall require Gatherer to install facilities or incur any capital expense associated with such delivery.