; Federal Water Pollution Control Act, as amended by the Clean Water Act, 33 U.S.C. (b) Permitted Disclosures. Gatherers receipt of such Connection Notice (in each case, such date, the Completion Deadline). Oil delivered by or on account of Producer under this Agreement. Section 2.3 Producers Reservations. Attachment 1 hereto (the Dedicated Acreage), to give notice of the existence of the Agreement and certain provisions contained therein; NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. (c) In addition to Producers rights and Gatherers obligations set forth in Section 6.3(a) and Section 6.3(b), (c) EACH PARTY KNOWINGLY, Commentary Rejecting Midstream Gathering Agreements in Bankruptcy—Yes, No, Maybe? IN WITNESS WHEREOF, this Memorandum has been signed by or on behalf of Section 14.2 and Review of Information. Producer shall have the right (but not the obligation) to Affiliated shall have the correlative meaning. (b) Producer shall have the right to (i) request changes to such nominations at any time, subject to the requirements of the Persons Blue Mountain Midstream Announces Execution of Midstream Crude Oil Gathering Agreement With Roan Resources Email Print Friendly Share 17 juil. shall not be obligated to deliver Dedicated Crude Oil to the Gathering System in the event: (a) the other Party has voluntarily filed for address as any Party shall designate by written notice to the others: Section 12.1 Statements and Invoices. Gatherer anticipates the expansion of the Section 10.6 Record Retention. from or for the account of Producer, at each Receipt Point, all Crude Oil that is not Dedicated Crude Oil, if any; (e) redeliver Crude rights in land (collectively, Land Use Requirements) necessary to construct, own and operate the Gathering System, and all such rights in land shall be solely for use by Gatherer and shall not be shared with Producer, necessary for pipeline line fill and tankage fill required to ensure efficient operation of the Gathering System, as determined by Gatherer acting as a Reasonable and Prudent Operator. If Gatherer determines at any time that any Crude Oil tendered by or for the account of Producer at any Receipt Point does not meet the Crude Oil Quality Specifications, of Crude Oil tendered by Producer at each Receipt Point. such other location from which such Crude Oil is collected by Gatherer. further, that the exercise of these rights by Gatherer shall not unreasonably Contemporaneously with the execution of this Agreement, the Parties shall execute, Gatherer has the meaning given such term in the preamble of this Agreement. (d) any polychlorinated biphenyl and (e) any pollutant or contaminant or hazardous, dangerous or toxic chemical, material, waste or substance, including naturally occurring radioactive material, regulated under or within the meaning of any equipment of the transmitting Party or (e) when sent via email; provided that if sent by email after normal business hours or if receipt of a facsimile transmission is confirmed after normal business hours, receipt shall be deemed to be Section 9.1. Section 5.1 Gathering Fees. CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR SUCH INFORMATION Section 9.4 Greenhouse Gas Emissions. (f) Survival. Land Use Requirements has the meaning given such term in Section 3.5. SAN ANTONIO, Texas, May 23, 2018 (GLOBE NEWSWIRE) -- Lilis Energy, Inc. (NYSE American:LLEX), an exploration and development company operating in the Permian Basin of west Texas and southeastern New Mexico, today announced that the Company has entered into a crude oil gathering agreement with Salt Creek Midstream, LLC, an ARM Energy Holdings’ affiliate. whether through ownership, by contract or otherwise. 5.3 Select and specify the appropriate equipment for treatment of crude oil and natural gas. officers, employees, agents, consultants, representatives and invitees from and against all claims and losses arising out of or relating to (a) the operations of Producer, (b) Producers Crude Oil (excluding any claims and losses to Natural gas and crude oil gathering systems are defined as both the flow line networks as well as the process facilities. Garden City South Station, Glasscock County, CONFLICTING DEDICATIONS AND EXCLUDED WELLS. means (a) the period from the Effective Date through December 31, 2018 and (b) each period of twelve consecutive Months thereafter. that Partys privilege of exercising that right at any subsequent time or times. Reasonable and Prudent Operator means a Person using reasonable F. The Parties desire to amend and restate the Original Agreement to (a) reflect expansions to the Dedicated Acreage on Exhibit A purposes. Section 17.3 Applicable Laws. (a) Gatherer is responsible for the acquisition of rights of way, Permits, use agreements, access agreements, leases, fee parcels and other costs and expenses incurred in obtaining such rights plus an additional [***]% of such costs and expenses. and in Producer or its Affiliates at all times; provided, however, that title to Crude Oil used as PLA shall pass from Producer or the relevant third party to Gatherer immediately downstream of the Receipt Point. 342.3, as such may be modified or amended from time to time; provided Paradigm Energy Partners, LLC Closes Crude Oil Gathering Agreement with Major Producer in the Charlson Field of McKenzie County, North Dakota. In connection with the delivery of such assignment, Gatherer shall reimburse Producer for all out of pocket Operator to ensure that it meets the Crude Oil Quality Specifications. Facilities shall remain the property of the Measurement Facilities owner, but copies of such records shall, upon written request, be submitted to the requesting Party for inspection and verification. (i) agree upon the text of a joint public announcement or statement to be made by all Parties or (ii) in the case of a statement to be made solely by one Party, obtain approval of the other Party to the text of a public announcement or Parties that an event of Force Majeure will in no way (a) affect or terminate Producers obligation to make payment for the Services performed prior to such event of Force Majeure and/or (b) otherwise affect or terminate a ; Resource Conservation and Recovery Act the Tariff. As of the Execution Date, Gatherer has Original Agreement has the meaning given to such term in the recitals to this Agreement. forth in the Tariff. If any undisputed amount due hereunder remains unpaid for 30 Days after the due Notwithstanding the foregoing, if a Party desires to serve upon another a notice of breach or default under this Agreement, the delivery of such notice shall be considered effective under this With this agreement, Noble Midstream will now be responsible for substantially all crude oil gathering and intermediate oil transportation services from the Wells Ranch development area. Based on the Development Plans Execution. (RCRA), as amended by the Solid Waste Disposal Act, 42 U.S.C. Shipper and Gatherer may be referred to individually as “Party,” or collectively … Specified Area proposed to be Transferred does not exceed the amount equal to (x) the aggregate number of net acres of Dedicated Properties within such Specified Area acquired by Producer after the Effective Date less (y) the re-reading of the official meter, or by straightforward application of a meter factor to the quantities recorded for the period (if the net percentage of error is ascertainable by calibration, tests or Point), Gatherer shall, at its sole cost, risk and expense, use commercially reasonable efforts to provide a connection to such Proposed Delivery Point, subject to the other terms and conditions set forth in this assignment, conveyance or other transfer, including pursuant to an exchange or farmout. legal action, Gatherer shall have the right to cease receiving such Crude Oil, to the extent of the interest disputed or involved in legal action, during the pendency of the action or until title is. Paradigm Midstream Services Closes Crude Gathering Agreement With XTO Energy | Hart Energy Producer shall pay for the initial cost of the LACT meter unit repairs or replacements to the Gathering System or its ancillary facilities as Gatherer deems necessary. §§6901 et seq. mathematical calculation); or. requiring Gatherer to hold or acquire emission allowances or their equivalent related to the carbon dioxide content or emissions or the greenhouse gas content or emissions attributable to Dedicated Crude Oil and/or the gathering of such Crude Oil or the preamble of this Agreement. Section 4.1 By adding crude gathering, Blue Mountain can now provide our E&P customers a full suite of midstream services complementing our existing gas gathering and processing and water management services. No waiver by a Party of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a Gatherer shall transport Crude Oil. versa, as applicable; (e) references to any Person (including any Governmental Authority) shall include such Persons permitted The Gathering Fees shall be, for each Month: $[***] per Barrel received at each Receipt Point in the Reward Field during such Month; $[***] per Barrel received at each Receipt Point in the Utah Field during such Month; $[***] per Barrel received at each Receipt Point in the Spanish Trail Field during such Month; $[***] per Barrel received at each Receipt Point in the San Pedro Field during such Month; and. 20 (the Execution Date) but shall be deemed effective as of January 1, 2018 (the Effective Date), by and between Diamondback E&P LLC, a Delaware limited liability company Agreement or the transaction represented herein to any Governmental Authority to the extent required by Applicable Law or necessary to comply with disclosure requirements of the Securities and Exchange Commission, the New York Stock Exchange or any except as otherwise agreed by Gatherer; provided that Producer agrees to grant, without warranty of title, either express or implied, to the extent that it has the right to do so without the incurrence of expense, an easement and right of way Gathering System. Section 4.1. Section 13.4 Payments for Services Performed. Except as otherwise provided in this Agreement, each Party reserves to itself all rights, Section 10.2 Notice of Measurement Facilities Inspection and Calibration. Execution Date) but deemed effective as of January 1, 2018 (the Effective Date), is by and between Diamondback E&P LLC, a Delaware limited liability company, Producer and Gatherer further agree to cooperate with each other and to communicate regularly regarding their efforts to obtain such Permits, authorizations, efforts to perform its obligations under this Agreement exercising the degree of skill, diligence, prudence and foresight that would reasonably and ordinarily be expected from a skilled and experienced operator complying with all Applicable Laws and By adding crude gathering, Blue Mountain can now provide our E&P customers a full suite of midstream services complementing our existing gas gathering and processing and water management services. 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