Xxxxxxxx Declined Expansion Sample Clauses

Xxxxxxxx Declined Expansion. If, as estimated by the Project Plan(s), any one of the five following events would occur, Xxxxxxxx may decline an Expansion(s) (“Declined Expansion”): i) The Expansion would involve the provision of services by Xxxxxxxx not then provided for under this Agreement; ii) The cost of any single Expansion is greater than one hundred million dollars ($100,000,000). iii) The cost of any single Expansion would result in greater than two hundred million dollars ($200,000,000) total accumulated Expansion cost commitment for any single year. iv) The cost of any single Expansion would result in Xxxxxxxx having an aggregate unpaid Expansion cost commitment greater than three hundred million dollars ($300,000,000). v) The cost of any single Expansion would result in Xxxxxxxx having an aggregate unpaid Expansion cost commitment greater than two times the gross revenue earned by Xxxxxxxx over the previous twelve Month period under this Agreement. If Xxxxxxxx Declines an Expansion within the Core Area, Shipper may construct the Declined Expansion at Shipper’s sole cost and the Declined Expansion may be connected to and operationally integrated with Xxxxxxxx’ facilities that are otherwise used to provide services under this Agreement (with, if Xxxxxxxx elects, Xxxxxxxx serving as operator of such Declined Expansion in accordance with a cost-plus operating agreement to be negotiated in good faith between the Parties), all in accordance with the Project Plan. If Shipper connects a Declined Expansion to and so operationally integrates it with Xxxxxxxx-owned facilities, the services on the Xxxxxxxx-owned facilities will be provided to Shipper pursuant to this Agreement and subject to the applicable fees. If Xxxxxxxx Declines an Expansion outside of the Core Area, Xxxxxxx may construct the Declined Expansion, at Xxxxxxx’s sole cost, and Xxxxxxx’s Gas being served by the Declined Expansion shall automatically be released from the dedications under this Agreement; provided such release shall be only to the extent of the services provided by the Declined Expansion.
Sample 1
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Related to Xxxxxxxx Declined Expansion

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