Common use of Conflicting Dedications Clause in Contracts

Conflicting Dedications. Shipper shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject as of the date of acquisition thereof (other than any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Shipper shall have the right to comply with Conflicting Dedications only until the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper represents that, except as set forth in Exhibit E, Dedicated Production was not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting Dedication.

Conflicting Dedications. Shipper (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications set forth existing on the Effective Date or, in Exhibit E hereto the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject applicable as of the date of acquisition thereof of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (other than but not any Conflicting Dedication Dedications entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition). Without the prior written consent of Midstream Co (which shall not be unreasonably withheld), but subject Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. If services of the type provided hereunder are being provided to Producer by a Third Party with respect to Dedicated Properties under a Conflicting Dedication, then 180 Days prior to the remainder expiration of this Section 2.2), whether such Conflicting Dedication Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that a Meeting of Senior Management is documented in an agreement binding upon not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully Dedicated Texas Crude Oil Gathering Agreement Properties concurrently with the anticipated expiration or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term termination of the applicable Conflicting Dedication are extended beyond that applicable Dedication. If Midstream Co cannot provide Producer such assurances, then Midstream Co shall deliver to such predecessor-in-interest at Producer a written consent to the time extension of the acquisition; provided, however, that Shipper applicable Conflicting Dedication. In no event shall have the right Producer be required to comply with Conflicting Dedications only until begin using Services provided by Midstream Co on a Day other than the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper represents that, except as set forth in Exhibit E, Dedicated Production was not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting DedicationMonth.

Conflicting Dedications. Shipper Notwithstanding anything in this Agreement to the contrary, Customer shall have the right to comply with (a) each transportation agreement, terminal agreement, storage agreement, rail service agreement or any commitment or arrangement (including any volume commitment) that is in effect as of the Execution Date and that would require any Dedicated Crude Oil to utilize a terminal facility, pipeline system, storage facility, rail cars or other similar systems or facilities other than the Terminals System and/or the Provider Tank Cars, including any such agreement, commitment or arrangement burdening properties hereinafter acquired by Customer (each, a “Conflicting Dedications set forth Dedication”) that is described in Exhibit E hereto C, and (b) any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date that is subject applicable and in effect as of the date that Customer acquires Control of acquisition thereof (other than any Conflicting Dedication entered into by such predecessor-in-interest at Crude Oil that would qualify as Dedicated Crude Oil that was not under the direction Control of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, Customer as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at Execution Date. Notwithstanding the time of the acquisition; providedforegoing, however, that Shipper Customer shall have only the right to comply with the applicable Conflicting Dedications only Dedication up to and until the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of without giving effect to any right of Customer to extend) to renew or extend the term of such Conflicting Dedication beyond Dedication). For the minimum term provided avoidance of doubt, any Customer Crude Oil that, TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). but for in the document evidencing such a Conflicting Dedication, would be considered “Dedicated Crude Oil” hereunder, shall, automatically upon the termination of the applicable Conflicting Dedication, be considered “Dedicated Crude Oil” hereunder. Shipper As of the Execution Date, Customer represents that, except as set forth in Exhibit EC, the Dedicated Production was Crude Oil is not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting Dedication.

Conflicting Dedications. Shipper Producer shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date Producer that is subject applicable as of the date of acquisition thereof to any Dedicated Property acquired after the Effective Date (other than but not any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Shipper Producer shall have the right to comply with Conflicting Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication occurs and Producer shall not take any voluntary action (including the exercise of any right to extend) to affirmatively extend or renew the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting DedicationDedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer has the ability to terminate such Conflicting Dedication without incurring any costs, penalties or expenses. Shipper represents thatTo Producer’s knowledge, except as set forth in for any Crude Oil produced from the lands or xxxxx identified on Exhibit EC, the Dedicated Production was not Crude Oil is not, as of the Original Agreement Effective Date Date, subject to any Conflicting Dedication. If Dedicated Production Crude Oil produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper Producer has the right to comply with under this Section 2.2, Shipper Producer has the right, in complying with such Conflicting Dedication, to deliver all the Dedicated Production Crude Oil from such Well Pad in accordance with the Conflicting Dedication. CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR SUCH INFORMATION HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, even if all Xxxxx on such Well Pad are not subject to such Conflicting DedicationAND THE INFORMATION HAS BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***].

Conflicting Dedications. Shipper Producer shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date 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 [***] Producer that is subject applicable as of the date of acquisition thereof to any Dedicated Property acquired after the Effective Date (other than but not any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Shipper Producer shall have the right to comply with Conflicting Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication occurs and Producer shall not take any voluntary action (including the exercise of any right to extend) to affirmatively extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting DedicationDedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer has the ability to terminate such Conflicting Dedication without incurring any costs, penalties or expenses. Shipper represents thatTo Producer’s knowledge, except as set forth in Exhibit Ethe Dedicated Saltwater is not, Dedicated Production was not as of the Original Agreement Effective Date Date, subject to any Conflicting Dedication. If Dedicated Production Saltwater produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper Producer has the right to comply with under this Section 2.2, Shipper Producer has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production Saltwater from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting Dedication.

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Shipper shall have the right to comply with each gathering agreement or any commitment or arrangement (including any volume commitment) that would require any Shipper Gas to be gathered on any gathering system or similar system other than the Gathering System (each, a “Conflicting Dedication”) that (a) is in effect as of the Conflicting Dedications set forth January 1, 2017 and is described in Exhibit E hereto C, or (b) is applicable and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject in effect as of the date of acquisition thereof (other than any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Shipper acquires Control of any Gas produced from lands covered by the Dedicated Area that was not under the Control of TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). Shipper as of January 1, 2017. Notwithstanding the foregoing, Shipper shall only have the right to comply with the applicable Conflicting Dedications only Dedication up to and until the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of without giving effect to any right of Shipper to extend) to renew or extend the term of such Conflicting Dedication beyond Dedication). For the minimum term provided avoidance of doubt, any Shipper Gas that, but for in the document evidencing such a Conflicting Dedication, would be considered “Dedicated Production” hereunder, shall, automatically upon the termination of the applicable Conflicting Dedication, be considered “Dedicated Production” hereunder. As of January 1, 2017, Shipper represents that, except as set forth in Exhibit EC, the Dedicated Production was is not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting Dedication.

Conflicting Dedications. Producer and Shipper shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date Producer that is subject applicable as of the date of acquisition thereof to any Dedicated Property acquired after the Effective Date (other than but not any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Producer and Shipper shall have the right to comply with Conflicting Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication occurs and neither Producer nor Shipper shall not take any voluntary action (including the exercise of any right to extend) to affirmatively extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting DedicationDedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer or Shipper has the ability to terminate such Conflicting Dedication without incurring any costs, penalties or expenses. Shipper represents thatTo Producer’s and Shipper’s knowledge, except as set forth in Exhibit Ethe Dedicated Gas is not, Dedicated Production was not as of the Original Agreement Effective Date Date, subject to any Conflicting Dedication. If Dedicated Production Gas produced from a Well on a Well Pad is subject to a Conflicting Dedication that Producer and Shipper has have the right to comply with under this Section 2.22.3, Producer and Shipper has have the right, in complying with such Conflicting Dedication, to deliver all the Dedicated Production Gas from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting Dedication.

Conflicting Dedications. Shipper Producer shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto A and any other Conflicting Dedication (a) entered into by a non-Affiliated predecessor-in-interest to Shipper Producer to which any Dedicated Property Oil and Gas Interest acquired by Shipper Producer after the Original Agreement Effective Date is subject as of the date of acquisition thereof (other than any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper Producer or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper Producer (fully or partially) and/or in a new agreement binding upon Shipper Producer that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-predecessor- in-interest at the time of the acquisition, or (b) entered into pursuant to a Third Party Bid in accordance with Section 3.4; provided, however, that Shipper Producer shall have the right to comply with Conflicting Dedications only until the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper Producer represents that, except as set forth in Exhibit EA, Dedicated Production Producer Gas was not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production Producer Gas produced from a Well well on a Well Pad well pad is subject to a Conflicting Dedication that Shipper Producer has the right to comply with under this Section 2.2, Shipper Producer has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production Producer Gas from such Well Pad well pad in accordance with the Conflicting Dedication, even if all Xxxxx xxxxx on such Well Pad well pad are not subject to such Conflicting Dedication.

Conflicting Dedications. Shipper Producer shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E B hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-predecessor in interest to Shipper Producer to which any Dedicated Property acquired by Shipper Producer after the Original Agreement Effective Date is subject as of the date of acquisition thereof (other than any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper Producer or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper Producer (fully or partially) and/or in a new agreement binding upon Shipper Producer that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-predecessor- in-interest at the time of the acquisition; provided, however, that Shipper Producer shall have the right to comply with Conflicting Dedications only until the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper Producer represents that, except as set forth in Exhibit EB, Dedicated Production was Gas is not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production Gas produced from a Well well on a Well Pad well pad is subject to a Conflicting Dedication that Shipper Producer has the right to comply with under this Section 2.2, Shipper Producer has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production Gas from such Well Pad well pad in accordance with the Conflicting Dedication, even if all Xxxxx xxxxx on such Well Pad well pad are not subject to such Conflicting Dedication.

Conflicting Dedications. Shipper Notwithstanding anything in Section 2.1 to the contrary, Producer Group shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E D hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date Producer Group that is subject applicable as of the date of acquisition thereof to any Dedicated Interest acquired after the Effective Date (other than but not any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Shipper Producer Group shall each have the right to comply with Conflicting Dedications only until the first last Day of the Month following of the later of (a) the date in which the termination of such Conflicting Dedication occurs and (b) the date on which Gatherer is ready, willing and able to accept and provide services to Gas previously subject to the Conflicting Dedication pursuant to the terms set forth in this Agreement, and following such date, Producer Group shall no longer have the right to comply with such Conflicting Dedication. Producer Group shall not take any voluntary action or inaction (including the exercise of any right to extendright) to extend the term of such Conflicting Dedication beyond Dedication. Not later than [***] Months prior to the minimum term provided for expiration or potential expiration (taking into consideration Producer’s obligations set forth in the document evidencing preceding sentence) of any Conflicting Dedication, Producer shall deliver notice to Gatherer of such upcoming expiration or potential expiration and, at Gatherer’s request, shall provide Gatherer with the information that Gatherer reasonably requests in order for Gatherer to assess the economic viability of providing Services to the Conflicting Dedication after termination of such Conflicting Dedication. Shipper [***]. Producer represents that, except as set forth in Exhibit ED, Dedicated Production was Gas is not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production Gas produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper Producer Group has the right to comply with under this Section 2.2, Shipper Producer Group has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production Gas from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting Dedication, provided that such Xxxxx are not in the process of, nor have been connected to the Gathering System (whether producing, shut-in, temporarily abandoned or which has been spud or as to which drilling, completion, reworking or other well operations have commenced) nor has a Connection Notice been previously delivered by Producer for any such Well.

Conflicting Dedications. Producer and Shipper shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date Producer that is subject applicable as of the date of acquisition thereof to any Dedicated Property acquired after the Effective Date (other than but not any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Producer and Shipper shall have the right to comply with Conflicting Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication occurs and neither Producer nor Shipper shall not take any voluntary action (including the exercise of any right to extend) to affirmatively extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting DedicationDedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer or Shipper has the ability to terminate such Conflicting Dedication without incurring any costs, penalties or expenses. Shipper represents thatTo Producer’s and Shipper’s knowledge, except for the Dedicated Crude Oil produced from the Xxxxx identified as set forth in “Xxxxx Subject to Conflicting Dedications” on Exhibit ED, the Dedicated Production was not Crude Oil is not, as of the Original Agreement Effective Date Date, subject to any Conflicting Dedication. If Dedicated Production Crude Oil produced from a Well on a Well Pad is subject to a Conflicting Dedication that Producer and Shipper has have the right to comply with under this Section 2.22.3, Producer and Shipper has have the right, in complying with such Conflicting Dedication, to deliver all the Dedicated Production Crude Oil from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting Dedication.

Conflicting Dedications. Shipper Producer shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date Producer that is subject applicable as of the date of acquisition thereof to any Dedicated Property acquired after the Effective Date (other than but not any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Shipper Producer shall have the right to comply with Conflicting Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication occurs and Producer shall not take any voluntary action (including the exercise of any right to extend) to affirmatively extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting DedicationDedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer has the ability to terminate such Conflicting Dedication without incurring any costs, penalties or expenses. Shipper represents thatTo Producer’s knowledge, except for the Dedicated Saltwater produced from the Xxxxx identified as set forth in “Xxxxx Subject to Conflicting Dedications” on Exhibit EF and the Previous Dedication Agreements, the Dedicated Production was not Saltwater is not, as of the Original Agreement Effective Date Date, subject to any Conflicting Dedication. If Dedicated Production Saltwater produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper Producer has the right to comply with under this Section 2.2, Shipper Producer has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production Saltwater from such Well Pad in accordance with the Conflicting Dedication. The Parties agree and acknowledge that the Previous Dedication Agreements shall be considered Conflicting Dedications for purposes of this Agreement. It is agreed and understood between the Parties that the Previous Dedication Agreements require certain volumes of otherwise Dedicated Saltwater (including certain volumes elected by Producer pursuant to the terms and conditions of the Xxxxx Agreement in excess of the “Bi-Annual Commitment” (as defined therein) that otherwise receive “Firm Service” (as defined therein)) to be delivered to and disposed by a third party thereunder, even if and Gatherer shall nevertheless (a) remain responsible for gathering Services for such Dedicated Saltwater to be delivered to and disposed by a third party under the Previous Dedication Agreements, and (b) redeliver such volumes as and to the extent requested by Producer pursuant to Section 2.3(d)(ii) below. For the avoidance of doubt, Gatherer shall perform all Xxxxx on such Well Pad are Services for any volumes of Dedicated Saltwater covered by the Previous Dedication Agreements, but not subject delivered by Producer to such Conflicting Dedicationits applicable counterparty thereunder.

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Shipper shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto F and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject applicable as of the date of acquisition thereof of the applicable Dedicated Property (other than any Conflicting Dedication but not entered into in connection with such acquisition, provided that assumption of an existing dedication in an acquisition shall not be deemed to be entered into in connection with such acquisition) to any oil and/or gas leases, mineral interests and other similar interests (a) acquired by such predecessor-in-interest at the direction of Shipper or any of its Affiliates after the Execution Date and (b) which are dedicated under this Agreement (but not any entered into in connection with such acquisition, but subject to the remainder provided that assumption of this Section 2.2), whether such Conflicting Dedication is documented an existing dedication in an agreement binding upon acquisition shall not be deemed to be entered into in connection with such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition); provided, however, that Shipper shall have the right to comply with the applicable Conflicting Dedications Dedication only until the first Day of the Month following the termination by Shipper of such Conflicting Dedication and Dedication. Shipper shall not take any voluntary action (including have the exercise of any right to extend) to extend any Conflicting Dedication beyond the primary term of such Conflicting Dedication beyond in accordance with the minimum terms of the agreement providing for such Conflicting Dedication unless Gatherer provides written notice to Shipper prior to the expiration of such primary term provided for in the document evidencing of Gatherer’s irrevocable election to gather all Dedicated Production subject to such Conflicting Dedication. As of the Execution Date, Shipper represents that, except as set forth in Exhibit EF, Dedicated Production was not from Dedicated Properties owned by Shipper and/or its Affiliates as of the Original Agreement Effective Execution Date is not subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such other Conflicting Dedication.

Conflicting Dedications. Shipper Producer shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date 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 [***] Producer that is subject applicable as of the date of acquisition thereof to any Dedicated Property acquired after the Effective Date (other than but not any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Shipper Producer shall have the right to comply with Conflicting Dedications only until the first last Day of the Month following in which the termination of such Conflicting Dedication occurs and Producer shall not take any voluntary action (including the exercise of any right to extend) to affirmatively extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting DedicationDedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer has the ability to terminate such Conflicting Dedication without incurring any costs, penalties or expenses. Shipper represents thatTo Producer’s knowledge, except as set forth in Exhibit Ethe Dedicated Saltwater is not, Dedicated Production was not as of the Original Agreement Effective Date Date, subject to any Conflicting Dedication. If Dedicated Production Saltwater produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper Producer has the right to comply with under this Section 2.2, Shipper Producer has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production Saltwater from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting Dedication.

Conflicting Dedications. Shipper (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications set forth existing on the Effective Date of the applicable Agreement Addendum or, in Exhibit E hereto the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject applicable as of the date of acquisition thereof of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date of the applicable Agreement Addendum and otherwise would have become subject to the Dedications (other than but not any Conflicting Dedication Dedications entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition). Without the prior written consent of Midstream Co (which shall not be unreasonably withheld), but subject Producer shall not extend or renew any Conflicting Dedication, except that Producer shall be entitled to the remainder automatic extension or renewal of this Section 2.2), whether Conflicting Dedications solely to the extent such Conflicting Dedication is documented in an agreement binding upon Dedications cover Xxxxx existing on or before the date of such predecessor-in-interest that is assigned automatic extension or renewal and not with respect to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term any underlying acreage. If services of the type provided hereunder are being provided to Producer by a Third Party with respect to Dedicated Properties under a Conflicting Dedication are extended beyond Dedication, then 180 Days prior to the expiration of such Conflicting Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that applicable a Meeting of Senior Management is not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such predecessor-in-interest at Dedicated Properties concurrently with the time anticipated expiration or termination of the acquisition; providedapplicable Conflicting Dedication. If Midstream Co cannot provide Producer such assurances, howeverFirst Amended and Restated Low Pressure Gas Gathering and Compression Agreement then within 10 Business Days after the Meeting of Senior Management, that Shipper Midstream Co shall have deliver to Producer a written consent to the right extension of the applicable Conflicting Dedication. In no event shall Producer be required to comply with Conflicting Dedications only until begin using Services provided by Midstream Co on a Day other than the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper represents that, except as set forth in Exhibit E, Dedicated Production was not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting DedicationMonth.

Conflicting Dedications. Shipper (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications set forth existing on the Effective Date or, in Exhibit E hereto the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject applicable as of the date of acquisition thereof of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (other than but not any Conflicting Dedication Dedications entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition). Without the prior written consent of Midstream Co (which shall not be unreasonably withheld), but subject Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. If services of the type provided hereunder are being Texas Produced Water Services Agreement provided to Producer by a Third Party with respect to Dedicated Properties under a Conflicting Dedication, then 180 Days prior to the remainder expiration of this Section 2.2), whether such Conflicting Dedication Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that a Meeting of Senior Management is documented in an agreement binding upon not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully Dedicated Properties concurrently with the anticipated expiration or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term termination of the applicable Conflicting Dedication are extended beyond that applicable Dedication. If Midstream Co cannot provide Producer such assurances, then Midstream Co shall deliver to such predecessor-in-interest at Producer a written consent to the time extension of the acquisition; provided, however, that Shipper applicable Conflicting Dedication. In no event shall have the right Producer be required to comply with Conflicting Dedications only until begin using Services provided by Midstream Co on a Day other than the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper represents that, except as set forth in Exhibit E, Dedicated Production was not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting DedicationMonth.

Conflicting Dedications. Shipper (a) Producer and its Affiliates shall have the right to comply with (i) in the case of a permitted assignee of Producer or its Affiliate in accordance with Article 6, each of the Conflicting Dedications set forth in Exhibit E hereto Dedications, as of the effective date of such assignment and (ii) any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after applicable as of the Original Agreement Effective Date is subject as or, in the case of subsequently acquired oil and gas leases or mineral interests, the date of acquisition thereof (other than of any Conflicting Dedication entered into oil and gas leases or mineral interests that are acquired by such predecessor-in-interest at the direction of Shipper Producer or any of its Affiliates after the Effective Date and otherwise would have become subject to the Dedications hereunder (but Producer or its Affiliates may not enter into any new Conflicting Dedications in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessoracquisition beyond acknowledging or assuming pre-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that existing dedications applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Shipper acquired oil and gas leases or mineral interests). Producer and its Affiliates shall have the right to comply with a Conflicting Dedications only Dedication until the first Day day of the Month month following the termination of such Conflicting Dedication. Producer shall not (and shall cause its Affiliates not to) extend or renew any Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extendand shall cause its Affiliates to) to extend the term of such terminate each Conflicting Dedication beyond as soon as permitted under the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper represents that, except as set forth in Exhibit E, Dedicated Production was not as of the Original Agreement Effective Date subject underlying contract without causing Producer or its Affiliates to incur any Conflicting Dedication. If Dedicated Production produced from costs or expenses (other than de minimis costs or expenses which shall under no circumstance include any costs or expenses required to be paid to a Well on a Well Pad is subject Third Party counterparty to a Conflicting Dedication that Shipper has for the right to comply with under this Section 2.2, Shipper has purposes of the rightearly cancellation or termination of a Conflicting Dedication), in complying with each case unless Buyer agrees to reimburse Producer or such Affiliate therefor in which case Producer shall (and shall cause its Affiliates to) terminate each Conflicting Dedication as soon as permitted under the underlying contract. Except for acknowledging or assuming pre-existing dedications pursuant to clause (ii) above, Producer shall not (and shall cause its Affiliates not to) enter into any new Conflicting Dedication, provided that this prohibition shall not apply to deliver all any Interests in the Dedicated Production from such Well Pad in accordance with Area held by any member of the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting DedicationChevron Group as of the Effective Date.

Conflicting Dedications. Shipper (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications set forth existing on the Effective Date of the applicable Agreement Addendum or, in Exhibit E hereto the case of a Producer Assignee, the effective date of such assignment and (ii) any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject applicable as of the date of acquisition thereof of any oil and gas leases, mineral interests and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date of the applicable Agreement Addendum and otherwise would have become subject to the Dedications (other than but not any Conflicting Dedication Dedications entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition). Without the prior written consent of Midstream Co (which shall not be unreasonably withheld), but subject Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. If services of the type provided hereunder are being provided to Producer by a Third Party with respect to Dedicated First Amended and Restated Texas Crude Oil Gathering Agreement Properties under a Conflicting Dedication, then 180 Days prior to the remainder expiration of this Section 2.2), whether such Conflicting Dedication Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that a Meeting of Senior Management is documented in an agreement binding upon not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully Dedicated Properties concurrently with the anticipated expiration or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term termination of the applicable Conflicting Dedication are extended beyond that applicable Dedication. If Midstream Co cannot provide Producer such assurances, then Midstream Co shall deliver to such predecessor-in-interest at Producer a written consent to the time extension of the acquisition; provided, however, that Shipper applicable Conflicting Dedication. In no event shall have the right Producer be required to comply with Conflicting Dedications only until begin using Services provided by Midstream Co on a Day other than the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper represents that, except as set forth in Exhibit E, Dedicated Production was not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting DedicationMonth.

Conflicting Dedications. Producer and Shipper shall have the right to comply with each of the Conflicting Dedications set forth in Exhibit E hereto and any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date Producer that is subject applicable as of the date of acquisition thereof to any Dedicated Property acquired after the Effective Date (other than but not any Conflicting Dedication entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition, but subject to the remainder of this Section 2.2), whether such Conflicting Dedication is documented in an agreement binding upon such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term of the Conflicting Dedication are extended beyond that applicable to such predecessor-in-interest at the time of the acquisition; provided, however, that Producer and Shipper shall have the right to comply with Conflicting Dedications only until the first last Day of the Month following in which the termination (or release) of such Conflicting Dedication occurs and neither Producer nor Shipper shall not take any voluntary action (including the exercise of any right to extend) to affirmatively extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting DedicationDedication or allow the term of such Conflicting Dedications to extend beyond its primary or initial term pursuant to the operation of an “evergreen” or other similar provision if Producer or Shipper has the ability to terminate such Conflicting Dedication without incurring any costs, penalties or expenses. Shipper represents thatTo Producer’s and Shipper’s knowledge, except for the Dedicated Crude Oil produced from the Xxxxx identified as set forth in “Xxxxx Subject to Conflicting Dedications” on Exhibit ED and the Previous Dedication Agreements, the Dedicated Production was not Crude Oil is not, as of the Original Agreement Effective Date Date, subject to any Conflicting Dedication. If Dedicated Production Crude Oil produced from a Well on a Well Pad is subject to a Conflicting Dedication that Producer and Shipper has have the right to comply with under this Section 2.2, Producer and Shipper has have the right, in complying with such Conflicting Dedication, to deliver all the Dedicated Production Crude Oil from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject . The Parties agree and acknowledge that the Previous Dedication Agreements shall be considered Conflicting Dedications for purposes of this Agreement. It is agreed and understood between the Parties that the Previous Dedication Agreements require certain volumes of otherwise Dedicated Crude Oil to such Conflicting Dedicationbe delivered to and gathered by a third party thereunder.

Conflicting Dedications. Shipper (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications set forth existing on the Effective Date or, in Exhibit E hereto the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject applicable as of the date of acquisition thereof of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date and otherwise would have become subject to the Dedications (other than but not Texas Produced Water Services Agreement any Conflicting Dedication Dedications entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition). Without the prior written consent of Midstream Co (which shall not be unreasonably withheld), but subject Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. If services of the type provided hereunder are being provided to Producer by a Third Party with respect to Dedicated Properties under a Conflicting Dedication, then 180 Days prior to the remainder expiration of this Section 2.2), whether such Conflicting Dedication Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that a Meeting of Senior Management is documented in an agreement binding upon not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully Dedicated Properties concurrently with the anticipated expiration or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term termination of the applicable Conflicting Dedication are extended beyond that applicable Dedication. If Midstream Co cannot provide Producer such assurances, then Midstream Co shall deliver to such predecessor-in-interest at Producer a written consent to the time extension of the acquisition; provided, however, that Shipper applicable Conflicting Dedication. In no event shall have the right Producer be required to comply with Conflicting Dedications only until begin using Services provided by Midstream Co on a Day other than the first Day of the Month following the termination of such Conflicting Dedication and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper represents that, except as set forth in Exhibit E, Dedicated Production was not as of the Original Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting DedicationMonth.

Conflicting Dedications. Shipper (a) Notwithstanding anything in this Agreement to the contrary, Producer shall have the right to comply with (i) each of the Conflicting Dedications set forth existing on the Effective Date of the applicable Agreement Addendum or, in Exhibit E hereto the case of a Producer Assignee, the effective date of such assignment, and (ii) any other Conflicting Dedication entered into by a non-Affiliated predecessor-in-interest to Shipper to which any Dedicated Property acquired by Shipper after the Original Agreement Effective Date is subject applicable as of the date of acquisition thereof of any oil and gas leases, mineral interests, and other similar interests within the Dedication Area that are acquired by Producer after the Effective Date of the applicable Agreement Addendum and otherwise would have become subject to the Dedications (other than but not any Conflicting Dedication Dedications entered into by such predecessor-in-interest at the direction of Shipper or any of its Affiliates in connection with such acquisition). Without the prior written consent of Midstream Co (which shall not be unreasonably withheld), but subject Producer shall not extend or renew any Conflicting Dedication and shall terminate each Conflicting Dedication as soon as permitted under the underlying contract without causing Producer to incur any costs or expenses deemed unreasonable or inappropriate in the opinion of Producer and shall not enter into any new Conflicting Dedication. If services of the type provided hereunder are being provided to Producer by a Third Party with respect to Dedicated Properties under a Conflicting Dedication, then 180 Days prior to the remainder expiration of this Section 2.2), whether such Conflicting Dedication Dedication, if requested by Producer, Midstream Co and Producer shall have a Meeting of Senior Management (unless both Parties agree that a Meeting of Senior Management is documented in an agreement binding upon not required) to assess whether Midstream Co is ready, willing and able to begin providing Services with respect to such predecessor-in-interest that is assigned to and/or assumed by Shipper (fully Dedicated Properties concurrently with the anticipated expiration or partially) and/or in a new agreement binding upon Shipper that replaces (fully or partially) the agreement binding upon such predecessor-in-interest, as long as neither the scope nor term termination of the applicable Conflicting Dedication are extended beyond that applicable Dedication. If Midstream Co cannot provide Producer such assurances, then Midstream Co shall deliver to such predecessor-in-interest at Producer a written consent to the time extension of the acquisition; provided, however, that Shipper applicable Conflicting Dedication. In no event shall have the right Producer be required to comply with Conflicting Dedications only until begin using Services provided by Midstream Co on a Day other than the first Day of the Month following the termination of such Conflicting Dedication a Month. Amended and shall not take any voluntary action (including the exercise of any right to extend) to extend the term of such Conflicting Dedication beyond the minimum term provided for in the document evidencing such Conflicting Dedication. Shipper represents that, except as set forth in Exhibit E, Dedicated Production was not as of the Original Restated Produced Water Services Agreement Effective Date subject to any Conflicting Dedication. If Dedicated Production produced from a Well on a Well Pad is subject to a Conflicting Dedication that Shipper has the right to comply with under this Section 2.2, Shipper has the right, in complying with such Conflicting Dedication, to deliver all Dedicated Production from such Well Pad in accordance with the Conflicting Dedication, even if all Xxxxx on such Well Pad are not subject to such Conflicting Dedication.NAI-1509460209v15