Common use of Trucking Clause in Contracts

Trucking. (a) If Gatherer is not able to receive volumes of Dedicated Saltwater into the Gathering System up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason, including (i) Force Majeure, (ii) delays in construction of Planned CDPs under Section 3.3(b), (iii) inability to obtain right of way under Section 3.4(c), (iv) Maintenance under Section 6.2, (v) curtailment under Section 6.3, (vi) insufficient pressure at the Receipt Points under Section 7.1 or (vii) lack of electrical facilities under Section 7.3, then Gatherer shall truck such volumes to a Disposal Well; provided, however, that the volumes that Gatherer must SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] truck on any Day from any DSU shall not exceed the Maximum DSU Volume minus actual Barrels received at the Receipt Points on the Gathering System on such DSU on such Day. For all volumes of Saltwater picked up by Gatherer by truck in accordance with this Section 6.4(a), Gatherer shall be entitled to receive the sum of (1) the actual third party invoiced cost for trucking such Saltwater not to exceed the Gathering Fee and (2) the Disposal Fee. Gatherer shall use reasonable efforts to minimize trucking costs by bidding out the required trucking services on an annual basis or more frequently as requested by Producer, but not to exceed two times per Contract Year. Gatherer shall provide the results of each such bid process to Producer. Within 30 Days of commencing trucking operations pursuant to this Section 6.4(a), Gatherer shall provide Producer with a written explanation detailing the reason for its inability to receive volumes into the Gathering System, and its commitment to diligently pursue a plan to achieve delivery of all volumes of Saltwater tendered by Producer up to the Maximum DSU Volume for any DSU through the Gathering System at each affected DSU. The Parties may mutually agree to review capacity in excess of the Maximum DSU Volume for any DSU. Notwithstanding the foregoing, in no event shall Gatherer be required to provide trucking services pursuant to this Section 6.4(a) for a period in excess of [***] consecutive months per DSU; provided that if Gatherer is not able to receive volumes up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason other than Force Majeure and, as a result, Producer has excess volume that is being curtailed on the Gathering System for a period in excess of [***] months, then Gatherer shall (at Producer’s request and option) either (A) permanently release the entire DSU or any portion thereof associated with the Xxxxx connected to such CDP from the dedication and commitment made by Producer under this Agreement or (B) continue to truck excess volumes up to the Maximum DSU Volume beyond the aforementioned [***] month period and receive the Fees for such volumes.

Trucking. (a) If Gatherer is not able to receive volumes of Dedicated Saltwater Crude Oil into the Gathering System up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason, including (i) Force Majeure, (ii) delays in construction of Planned CDPs under Section 3.3(b)) and of the initial Gathering System under Section 3.4, (iii) inability to obtain right of way under Section 3.4(c3.5(c), (iv) Maintenance under Section 6.2, (v) curtailment under Section 6.3, (vi) insufficient pressure pressures at the Receipt Points under Section 7.1 or (vii) lack of electrical facilities under Section 7.37.4, then Gatherer shall truck such volumes to a Disposal Wellthe Central Processing Facility, and Shipper shall pay the Fees as if such volumes had been gathered by Gatherer into the Gathering System; provided, however, that the volumes that Gatherer must SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] truck on any Day from any DSU shall not exceed the Maximum DSU Volume minus actual Barrels received at the Receipt Points on the Gathering System on such DSU on such Day. For all volumes of Saltwater picked up by Gatherer by truck in accordance with this Section 6.4(a), Gatherer shall be entitled to receive the sum of (1) the actual third party invoiced cost for trucking such Saltwater not to exceed the Gathering Fee and (2) the Disposal Fee. Gatherer shall use reasonable efforts to minimize trucking costs by bidding out the required trucking services on an annual basis or more frequently as requested by Producer, but not to exceed two times per Contract Year. Gatherer shall provide the results of each such bid process to Producer. Within 30 Days of commencing trucking operations pursuant to this Section 6.4(a), Gatherer shall provide Producer Shipper with a written explanation detailing the reason for its inability to receive volumes into the Gathering System, and its commitment to diligently pursue a plan to achieve delivery of all volumes of Saltwater Crude Oil tendered by Producer Shipper up to the Maximum DSU Volume for any DSU through the Gathering System at each affected DSU. The Parties may mutually agree to review capacity in excess of the Maximum DSU Volume for any DSU. Notwithstanding the foregoing, in no event shall Gatherer be required to provide trucking services pursuant to this Section 6.4(a) for a period in excess of [***] consecutive months Months per DSU; provided that if Gatherer is not able to receive volumes up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason other than Force Majeure and, as a result, Producer Shipper has excess volume that is being curtailed on the Gathering System for a period in excess of [***] monthsMonths, then Gatherer shall (at ProducerShipper’s request and option) either (A) permanently release the entire DSU or any portion thereof associated with the Xxxxx connected to such CDP from the dedication and commitment made by Producer and Shipper under this Agreement or (B) continue to truck excess volumes up to the Maximum DSU Volume beyond the aforementioned [***] month Month period and charge the actual third party invoiced costs to Shipper for such trucking in lieu of the Gathering Fee (but Gatherer shall continue to receive the other applicable Fees for all such volumesCrude Oil). For the avoidance of doubt, such actual third party invoiced costs to truck shall not be limited to the Gathering Fee.

Trucking. (a) If Gatherer is not able to receive volumes of Dedicated Saltwater into the Gathering System up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason, including (i) Force Majeure, (ii) delays in construction of Planned CDPs under Section 3.3(b), (iii) inability to obtain right of way under Section 3.4(c), (iv) Maintenance under Section 6.2, (v) curtailment under Section 6.3, (vi) insufficient pressure at the Receipt Points under Section 7.1 or (vii) lack of electrical facilities under Section 7.3, then Gatherer shall truck such volumes to a Disposal Well; provided, however, that the volumes that Gatherer must SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTEDGRANTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] truck on any Day from any DSU shall not exceed the Maximum DSU Volume minus actual Barrels received at the Receipt Points on the Gathering System on such DSU on such Day. For all volumes of Saltwater picked up by Gatherer by truck in accordance with this Section 6.4(a), Gatherer shall be entitled to receive the sum of (1) the actual third party invoiced cost for trucking such Saltwater not to exceed the Gathering Fee and (2) the Disposal Fee. Gatherer shall use reasonable efforts to minimize trucking costs by bidding out the required trucking services on an annual basis or more frequently as requested by Producer, but not to exceed two times per Contract Year. Gatherer shall provide the results of each such bid process to Producer. Within 30 Days of commencing trucking operations pursuant to this Section 6.4(a), Gatherer shall provide Producer with a written explanation detailing the reason for its inability to receive volumes into the Gathering System, and its commitment to diligently pursue a plan to achieve delivery of all volumes of Saltwater tendered by Producer up to the Maximum DSU Volume for any DSU through the Gathering System at each affected DSU. The Parties may mutually agree to review capacity in excess of the Maximum DSU Volume for any DSU. Notwithstanding the foregoing, in no event shall Gatherer be required to provide trucking services pursuant to this Section 6.4(a) for a period in excess of [***] consecutive months Months per DSU; provided that if Gatherer is not able to receive volumes up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason other than Force Majeure and, as a result, Producer has excess volume that is being curtailed on the Gathering System for a period in excess of [***] monthsMonths, then Gatherer shall (at Producer’s request and option) either (A) permanently release the entire DSU or any portion thereof associated with the Xxxxx connected to such CDP from the dedication and commitment made by Producer under this Agreement or (B) continue to truck excess volumes up to the Maximum DSU Volume beyond the aforementioned [***] month period and receive the Fees for such volumes.

Trucking. (a) If Gatherer is not able to receive volumes of Dedicated Saltwater into the Gathering System up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason, including (i) Force Majeure, (ii) delays in construction of Planned Required Connection CDPs under Section 3.3(b3.3(f), (iii) inability to obtain right of way under Section 3.4(c), (iv) Maintenance under Section 6.2, (v) curtailment under Section 6.3, (vi) insufficient pressure at the Receipt Points under Section 7.1 or (vii) lack of electrical facilities under Section 7.3, then Gatherer shall truck such volumes to a Disposal Well; provided, however, that the volumes that Gatherer must SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] truck on any Day from any DSU shall not exceed the Maximum DSU Volume minus actual Barrels received at the Receipt Points on the Gathering System on such DSU on such Day. For all volumes of Saltwater picked up by Gatherer by truck in accordance with this Section 6.4(a), Gatherer shall be entitled to receive the sum of (1) the actual third party invoiced cost for trucking such Saltwater not to exceed the Gathering Fee and (2) the Disposal Fee. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] Gatherer shall use reasonable efforts to minimize trucking costs by bidding out the required trucking services on an annual basis or more frequently as requested by Producer, but not to exceed two times per Contract Year. Gatherer shall provide the results of each such bid process to Producer. Within 30 Days of commencing trucking operations pursuant to this Section 6.4(a), Gatherer shall provide Producer with a written explanation detailing the reason for its inability to receive volumes into the Gathering System, and its commitment to diligently pursue a plan to achieve delivery of all volumes of Saltwater tendered by Producer up to the Maximum DSU Volume for any DSU through the Gathering System at each affected DSU. The Parties may mutually agree to review capacity in excess of the Maximum DSU Volume for any DSU. Notwithstanding the foregoing, in no event shall Gatherer be required to provide trucking services pursuant to this Section 6.4(a) for a period in excess of [***] consecutive months per DSU; provided that if Gatherer is not able to receive volumes up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason other than Force Majeure and, as a result, Producer has excess volume that is being curtailed on the Gathering System for a period in excess of [***] months, then Gatherer shall (at Producer’s request and option) either (A) permanently release the entire DSU or any portion thereof associated with the Xxxxx connected to such CDP from the dedication and commitment made by Producer under this Agreement or (B) continue to truck excess volumes up to the Maximum DSU Volume beyond the aforementioned [***] month period and receive the Fees for such volumes.

Trucking. (a) If Gatherer is not able to receive volumes of Dedicated Saltwater into the Gathering System up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason, including (i) Force Majeure, (ii) delays in construction of Planned Required Connection CDPs under Section 3.3(b3.3(f), (iii) inability to obtain right of way under Section 3.4(c), (iv) Maintenance under Section 6.2, (v) curtailment under Section 6.3, (vi) insufficient pressure at the Receipt Points under Section 7.1 or (vii) lack of electrical facilities under Section 7.3, then Gatherer shall truck such volumes to a Disposal Well; provided, however, that the volumes that Gatherer must SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] truck on any Day from any DSU shall not exceed the Maximum DSU Volume minus actual Barrels received at the Receipt Points on the Gathering System on such DSU on such Day. For all volumes of Saltwater picked up by Gatherer by truck in accordance with this Section 6.4(a), Gatherer shall be entitled to receive the sum of (1) the actual third party invoiced cost for trucking such Saltwater not to exceed the Gathering Fee and (2) the Disposal Fee. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN GRANTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] Gatherer shall use reasonable efforts to minimize trucking costs by bidding out the required trucking services on an annual basis or more frequently as requested by Producer, but not to exceed two times per Contract Year. Gatherer shall provide the results of each such bid process to Producer. Within 30 Days of commencing trucking operations pursuant to this Section 6.4(a), Gatherer shall provide Producer with a written explanation detailing the reason for its inability to receive volumes into the Gathering System, and its commitment to diligently pursue a plan to achieve delivery of all volumes of Saltwater tendered by Producer up to the Maximum DSU Volume for any DSU through the Gathering System at each affected DSU. The Parties may mutually agree to review capacity in excess of the Maximum DSU Volume for any DSU. Notwithstanding the foregoing, in no event shall Gatherer be required to provide trucking services pursuant to this Section 6.4(a) for a period in excess of [***] consecutive months Months per DSU; provided that if Gatherer is not able to receive volumes up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason other than Force Majeure and, as a result, Producer has excess volume that is being curtailed on the Gathering System for a period in excess of [***] monthsMonths, then Gatherer shall (at Producer’s request and option) either (A) permanently release the entire DSU or any portion thereof associated with the Xxxxx connected to such CDP from the dedication and commitment made by Producer under this Agreement or (B) continue to truck excess volumes up to the Maximum DSU Volume beyond the aforementioned [***] month Month period and receive the Fees for such volumes.

Trucking. (a) If Gatherer Seller is not able to receive deliver any volumes of Dedicated Saltwater into Freshwater that Producer requested for delivery pursuant to Section 7.2 to any CDP on the Gathering Freshwater System up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason, including (ia) Force Majeure, (iib) delays in construction of Planned Required Connection CDPs under Section 3.3(b3.3(f), (iiic) inability to obtain right of way under Section 3.4(c), (ivd) Maintenance under Section 6.2, (ve) curtailment under Section 6.3, (vif) insufficient pressure at the Receipt Delivery Points under Section 7.1 or (viig) lack of electrical facilities under Section 7.37.4, then Gatherer shall truck upon mutual agreement between the Parties, Seller may deliver such volumes by truck to such CDPs, and Producer shall pay the Fees as if such volumes had been delivered by Seller from the Freshwater System. Within 30 Days of commencing trucking operations, Seller shall provide Producer with a Disposal Well; provided, however, that written explanation detailing the reason for its inability to deliver volumes that Gatherer must from the Freshwater System to the affected CDPs. The Parties may mutually agree to review capacity expansions of the Freshwater System. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTEDEITHER REQUESTED OR GRANTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] truck on any Day from any DSU shall not exceed the Maximum DSU Volume minus actual Barrels received at the Receipt Points on the Gathering System on such DSU on such Day. For all volumes of Saltwater picked up by Gatherer by truck in accordance with this Section 6.4(a), Gatherer shall be entitled to receive the sum of (1) the actual third party invoiced cost for trucking such Saltwater not to exceed the Gathering Fee and (2) the Disposal Fee. Gatherer shall use reasonable efforts to minimize trucking costs by bidding out the required trucking services on an annual basis or more frequently as requested by Producer, but not to exceed two times per Contract Year. Gatherer shall provide the results of each such bid process to Producer. Within 30 Days of commencing trucking operations pursuant to this Section 6.4(a), Gatherer shall provide Producer with a written explanation detailing the reason for its inability to receive volumes into the Gathering System, and its commitment to diligently pursue a plan to achieve delivery of all volumes of Saltwater tendered by Producer up to the Maximum DSU Volume for any DSU through the Gathering System at each affected DSU. The Parties may mutually agree to review capacity in excess of the Maximum DSU Volume for any DSU. Notwithstanding the foregoing, in no event shall Gatherer be required to provide trucking services pursuant to this Section 6.4(a) for a period in excess of [***] consecutive months per DSU; provided that if Gatherer is not able to receive volumes up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason other than Force Majeure and, as a result, Producer has excess volume that is being curtailed on the Gathering System for a period in excess of [***] months, then Gatherer shall (at Producer’s request and option) either (A) permanently release the entire DSU or any portion thereof associated with the Xxxxx connected to such CDP from the dedication and commitment made by Producer under this Agreement or (B) continue to truck excess volumes up to the Maximum DSU Volume beyond the aforementioned [***] month period and receive the Fees for such volumes.]

Trucking. (a) If Gatherer is not able to receive volumes of Dedicated Saltwater Crude Oil into the Gathering System up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason, including (i) Force Majeure, (ii) delays in construction of Planned CDPs under Section 3.3(b)) and of the initial Gathering System under Section 3.4, (iii) inability to obtain right of way under Section 3.4(c3.5(c), (iv) Maintenance under Section 6.2, (v) curtailment under Section 6.3, (vi) insufficient pressure pressures at the Receipt Points under Section 7.1 or (vii) lack of electrical facilities under Section 7.37.4, then Gatherer shall truck such volumes to a Disposal Wellthe Central Processing Facility, and Shipper shall pay the Fees as if such volumes had been gathered by Gatherer into the Gathering System; provided, however, that the volumes that Gatherer must SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] truck on any Day from any DSU shall not exceed the Maximum DSU Volume minus actual Barrels received at the Receipt Points on the Gathering System on such DSU on such Day. For all volumes of Saltwater picked up by Gatherer by truck in accordance with this Section 6.4(a), Gatherer shall be entitled to receive the sum of (1) the actual third party invoiced cost for trucking such Saltwater not to exceed the Gathering Fee and (2) the Disposal Fee. Gatherer shall use reasonable efforts to minimize trucking costs by bidding out the required trucking services on an annual basis or more frequently as requested by Producer, but not to exceed two times per Contract Year. Gatherer shall provide the results of each such bid process to Producer. Within 30 Days of commencing trucking operations pursuant to this Section 6.4(a), Gatherer shall provide Producer Shipper with a written explanation detailing the reason for its inability to receive volumes into the Gathering System, and its commitment to diligently pursue a plan to achieve delivery of all volumes of Saltwater Crude Oil tendered by Producer Shipper up to the Maximum DSU Volume for any DSU through the Gathering System at each affected DSU. The Parties may mutually agree to review capacity in excess of the Maximum DSU Volume for any DSU. Notwithstanding the foregoing, in no event shall Gatherer be required to provide trucking services pursuant to this Section 6.4(a) for a period in excess of [***] consecutive months per DSU; provided that if Gatherer is not able to receive volumes up to the Maximum DSU Volume at the Receipt Points on each DSU on any Day for any reason other than Force Majeure and, as a result, Producer Shipper has excess volume that is being curtailed on the Gathering System for a period in excess of [***] months, then Gatherer shall (at ProducerShipper’s request and option) either (A) permanently release the entire DSU or any portion thereof associated with the Xxxxx connected to such CDP from the dedication and commitment made by Producer and Shipper under this Agreement or (B) continue to truck excess volumes up to the Maximum DSU Volume beyond the aforementioned [***] month period and charge the actual third party invoiced costs to Shipper for such trucking in lieu of the Gathering Fee (but Gatherer shall continue to receive the other applicable Fees for all such volumesCrude Oil). For the avoidance of doubt, such actual third party invoiced costs to truck shall not be limited to the Gathering Fee.