Common use of Dedication Clause in Contracts

Dedication. Subject to the exceptions, exclusions, and reservations set forth in the Agreement and the other terms and conditions of the Agreement, Producer hereby exclusively makes the following “Dedication” to Gatherer and the Gathering System: (i) dedicates and commits all of Producer Group’s current and future Interests, and Gas from such Interests, whether in place or produced and severed therefrom, in the Dedication Area, (ii) dedicates and commits to deliver all Gas produced from Xxxxx operated by Producer Group and/or produced from non- operated Xxxxx that are owned by Producer Group for gathering under this Instrument, and (iii) commits to deliver all Gas from Xxxxx located within the Dedication Area that is not owned by Producer Group to the extent that Producer Group controls or has the right to market such Gas for the term of this Instrument (the Gas described in the foregoing subparts (i), (ii) and (iii) being “Dedicated Gas”). Producer agrees not to deliver any such Dedicated Gas to any other gatherer, purchaser, or marketer or other Person prior to delivery to Gatherer at the Receipt Point(s). The Parties agree and acknowledge that, subject to Section 2.5 of the Agreement, to the extent that a Transferee acquires any portion of the Interests (including the Xxxxx located in the Dedication Area), such Transferee shall only receive rights and obligations hereunder as to such Interests, and the Agreement shall not apply to any other Interests that may be owned by the Transferee or its Affiliates at the time of such Transfer or subsequently acquired by such Transferee or its Affiliates within the Dedication Area. Additionally, if there is a Change of Control with respect to Producer (or any member of Producer Group which owns Dedicated Interests at the time of such Change of Control), then, following such Change of Control, the dedication provisions contained in the Agreement shall only apply to the Interests owned by Producer (or such member of Producer Group) at the time of such Change of Control, and the Agreement shall not apply to (x) any other Interests subsequently acquired by Producer (or such member of Producer Group) following such Change of Control or (y) any other Interests owned at the time of such Change of Control, or subsequently acquired, by any Persons who become Affiliates of Producer (or such member of Producer Group) following such Change of Control.

Appears in 2 contracts

Samples: Gathering and Compression Agreement (EQT Corp), Gathering and Compression Agreement (Equitrans Midstream Corp)

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Dedication. Subject Under the Contract, subject to the exceptionsreservations in Section 5 below, exclusions, and reservations set forth in the Agreement and the other terms and conditions of the Agreement, Producer hereby exclusively makes the following “Dedication” to Gatherer and the Gathering System: Producers (i) dedicates exclusively dedicated and commits all committed to the performance of Producer Group’s current the Contract the Dedicated Properties and future Interests, and Gas from such Interests, whether in place or produced and severed therefrom, in the Dedication Area, Dedicated Gas; (ii) dedicates represented that except as identified on the attached Exhibit E, the Dedicated Properties and commits Dedicated Gas are not otherwise subject to any gas gathering agreement or other commitment or arrangement that would permit or require the Dedicated Gas to be gathered on or delivered to any other pipeline system; (iii) agreed to deliver all Gas produced from Xxxxx operated by Producer Group and/or produced from non- operated Xxxxx that are owned by Producer Group for gathering under this Instrument, and (iii) commits to deliver all Gas from Xxxxx located within of the Dedication Area that is not owned by Producer Group to the extent that Producer Group controls or has the right to market such Gas for the term of this Instrument (the Gas described in the foregoing subparts (i), (ii) and (iii) being “Dedicated Gas”). Producer agrees not to deliver any such Dedicated Gas to any other gatherer, purchaser, or marketer or other Person prior to delivery to Gatherer Gatherer’s System at the Receipt Point(s). The Parties Points; (iv) agreed to cause any existing or future Affiliates of Producers with interests in the Dedicated Properties to be bound by the Contract and to execute and join as a party to the Contract; (v) acknowledged and agree that the dedication and acknowledge thatcommitment made by Producers and their Affiliates under the Contract is a covenant running with the land, and Producers agreed to enter into any memoranda substantially in the form of this Memorandum and cooperate with Gatherer in all reasonable respects in filing them; (vi) covenanted that (a) no subsequent transfer of any interest in the Dedicated Properties will be made without the transferred Dedicated Properties being made subject to Section 2.5 of the Agreement, to the extent that a Transferee acquires any portion of the Interests (including the Xxxxx located in the Dedication Area), such Transferee shall only receive rights and obligations hereunder as to such Interests, dedication obligation and the Agreement shall not apply to any other Interests that may be owned by the Transferee or its Affiliates at the time of such Transfer or subsequently acquired by such Transferee or its Affiliates within the Dedication Area. Additionally, if there is a Change of Control with respect to Producer Contract and (or any member of Producer Group which owns Dedicated Interests at the time of such Change of Control), then, following such Change of Control, the dedication provisions contained in the Agreement shall only apply to the Interests owned by Producer (or such member of Producer Groupb) at the time of any such Change transfer, the transferor will provide to Gatherer the transferee’s acknowledgement of Control, the dedication and the Agreement shall not apply Contract, including Gatherer’s right to file memoranda of the Contract and the transferee’s acknowledgment in local land records; and (xvii) covenanted to take such further action and to execute and deliver all such other agreements, certificates, instruments and documents as may be reasonably requested from time to time by Gatherer in furtherance of the intent of and to accomplish and evidence the purposes of the Contract and the dedication, including providing such information and making such additional, revised, or amended memoranda of the Contract and any other Interests subsequently acquired by Producer (or such member filings to meet the requirements of Producer Group) following such Change of Control or (y) any other Interests owned at the time of such Change of Controlstate, county, parish, or subsequently acquired, by any Persons who become Affiliates other jurisdiction for filing and with respect to the validity and enforceability of Producer (or such member of Producer Group) following such Change of Controlthe dedication.

Appears in 1 contract

Samples: Access Midstream Partners Lp

Dedication. Subject to the exceptions, exclusions, and reservations set forth in the Agreement and the other terms and conditions of the Agreementhereof, Producer Customer hereby exclusively makes the following “Dedication” to Gatherer and the Gathering System: (i) dedicates for Services with respect to Dedicated Gas under this Agreement to SCM all Leases now owned or hereafter acquired by Customer and/or its Affiliates and commits all of Producer Group’s current their respective successors and future Interestsassigns that cover lands located within the Dedicated Area, and Gas from such Interests, whether in place or produced and severed therefrom, in the Dedication Area, (ii) dedicates and commits to deliver all Gas produced from Xxxxx operated by Producer Group and/or produced from non- operated Xxxxx that are owned by Producer Group for gathering Services under this InstrumentAgreement and shall deliver, or cause to be delivered, hereunder to SCM, at the Receipt Points, the following (the “Dedication,” and (iii) commits to deliver all the Gas from Xxxxx located within that is the subject of the Dedication Area that is not owned by Producer Group being herein referred to the extent that Producer Group controls or has the right to market such Gas for the term of this Instrument (the Gas described in the foregoing subparts (i), (ii) and (iii) being as “Dedicated Gas”). Producer agrees not to deliver any such Dedicated ): (a) all Gas to any other gatherer, purchaser, produced and saved on or marketer or other Person prior to delivery to Gatherer at after the Receipt Point(s). The Parties agree and acknowledge that, subject to Section 2.5 Effective Date for the remainder of the AgreementTerm from those Xxxxx for which Customer and/or any of its Affiliates is the operator now or hereafter located within the Dedicated Area or on lands pooled or unitized therewith, to the extent that a Transferee acquires any portion of such Gas is attributable to the Interests (including Leases within the Xxxxx located in the Dedication Area), such Transferee shall only receive rights and obligations hereunder as to such Interests, and the Agreement shall not apply to any other Interests that may be Dedicated Area now owned or hereafter acquired by the Transferee or Customer and/or its Affiliates at the time of such Transfer or subsequently acquired by such Transferee or its Affiliates within the Dedication Area. Additionally, if there is a Change of Control and their respective successors and assigns; and (b) with respect to Producer (those Xxxxx for which Customer and/or any of its Affiliates is the operator, Gas produced on or any member after the Effective Date for the remainder of Producer Group the Term from such Xxxxx which owns Dedicated Interests at the time of such Change of Control), then, following such Change of Control, the dedication provisions contained in the Agreement shall only apply is attributable to the Interests Leases in such Xxxxx owned by Producer (other working interest owners and royalty owners which is not taken “in-kind” by such working interest owners and royalty owners and for which Customer and/or its Affiliates has the right or obligation to deliver such member Gas and only for the period that Customer and/or its Affiliates has such right or obligation. For the avoidance of Producer Group) at the time of doubt, Customer shall not be required to deliver Gas from any well operated by an operator other than Customer or its Affiliates, including any well where Customer would be required to install split stream connection facilities or similar facilities to take such Change of ControlGas in kind, and the Agreement such Gas shall not apply be Dedicated Gas subject to (x) any other Interests subsequently acquired by Producer (or such member of Producer Group) following such Change of Control or (y) any other Interests owned at the time of such Change of Control, or subsequently acquired, by any Persons who become Affiliates of Producer (or such member of Producer Group) following such Change of Control.Dedication hereunder. 2.2

Appears in 1 contract

Samples: Gas Purchase Agreement (Lilis Energy, Inc.)

Dedication. Subject Under the Contract, subject to the exceptionsreservations in Section 5 below, exclusions, and reservations set forth in the Agreement and the other terms and conditions of the Agreement, Producer hereby exclusively makes the following “Dedication” to Gatherer and the Gathering System: Producers (i) dedicates exclusively dedicated and commits all committed to the performance of Producer Group’s current the Contract the Dedicated Properties and future Interests, and Gas from such Interests, whether in place or produced and severed therefrom, in the Dedication Area, Dedicated Gas; (ii) dedicates represented that except as identified on the attached Exhibit D, the Dedicated Properties and commits Dedicated Gas are not otherwise subject to any gas gathering agreement or other commitment or arrangement that would permit or require the Dedicated Gas to be gathered on or delivered to any other pipeline system; (iii) agreed to deliver all Gas produced from Xxxxx operated by Producer Group and/or produced from non- operated Xxxxx that are owned by Producer Group for gathering under this Instrument, and (iii) commits to deliver all Gas from Xxxxx located within of the Dedication Area that is not owned by Producer Group to the extent that Producer Group controls or has the right to market such Gas for the term of this Instrument (the Gas described in the foregoing subparts (i), (ii) and (iii) being “Dedicated Gas”). Producer agrees not to deliver any such Dedicated Gas to any other gatherer, purchaser, or marketer or other Person prior to delivery to Gatherer Gatherer’s System at the Receipt Point(s). The Parties Points; (iv) agreed to cause any existing or future Affiliates of Producers with interests in the Dedicated Properties to be bound by the Contract and to execute and join as a party to the Contract; (v) acknowledged and agree that the dedication and acknowledge thatcommitment made by Producers and their Affiliates under the Contract is a covenant running with the land, and Producers agreed to enter into any memoranda substantially in the form of this Memorandum and cooperate with Gatherer in all reasonable respects in filing them; (vi) covenanted that (a) no subsequent transfer of any interest in the Dedicated Properties will be made without the transferred Dedicated Properties being made subject to Section 2.5 of the Agreement, to the extent that a Transferee acquires any portion of the Interests (including the Xxxxx located in the Dedication Area), such Transferee shall only receive rights and obligations hereunder as to such Interests, dedication obligation and the Agreement shall not apply to any other Interests that may be owned by the Transferee or its Affiliates at the time of such Transfer or subsequently acquired by such Transferee or its Affiliates within the Dedication Area. Additionally, if there is a Change of Control with respect to Producer Contract and (or any member of Producer Group which owns Dedicated Interests at the time of such Change of Control), then, following such Change of Control, the dedication provisions contained in the Agreement shall only apply to the Interests owned by Producer (or such member of Producer Groupb) at the time of any such Change transfer, the transferor will provide to Gatherer the transferee’s acknowledgement of Control, the dedication and the Agreement shall not apply Contract, including Gatherer’s right to file memoranda of the Contract and the transferee’s acknowledgment in local land records; and (xvii) covenanted to take such further action and to execute and deliver all such other agreements, certificates, instruments and documents as may be reasonably requested from time to time by Gatherer in furtherance of the intent of and to accomplish and evidence the purposes of the Contract and the dedication, including providing such information and making such additional, revised, or amended memoranda of the Contract and any other Interests subsequently acquired by Producer (or such member filings to meet the requirements of Producer Group) following such Change of Control or (y) any other Interests owned at the time of such Change of Controlstate, county, parish, or subsequently acquired, by any Persons who become Affiliates other jurisdiction for filing and with respect to the validity and enforceability of Producer (or such member of Producer Group) following such Change of Controlthe dedication.

Appears in 1 contract

Samples: Gas Gathering (Access Midstream Partners Lp)

Dedication. Subject to the exceptions, exclusions, and reservations set forth in the Agreement and the other terms and conditions of the Agreement, Producer Customer hereby exclusively makes the following “Dedication” to Gatherer and the Gathering System: (i) dedicates for Services with respect to Dedicated Gas under the Agreement to SCM all Leases now owned or hereafter acquired by Customer and/or its Affiliates and commits all of Producer Group’s current their respective successors and future Interestsassigns that cover lands located within the Dedicated Area, and Gas from such Interests, whether in place or produced and severed therefrom, in the Dedication Area, (ii) dedicates for Services under the Agreement and commits shall deliver, or cause to deliver all be delivered, hereunder to SCM, at the Receipt Points, the following (the “Dedication,” and the Gas produced from Xxxxx operated by Producer Group and/or produced from non- operated Xxxxx that are owned by Producer Group for gathering under this Instrument, and (iii) commits to deliver all Gas from Xxxxx located within is the subject of the Dedication Area that is not owned by Producer Group being herein referred to the extent that Producer Group controls or has the right to market such Gas for the term of this Instrument (the Gas described in the foregoing subparts (i), (ii) and (iii) being as “Dedicated Gas”). Producer agrees not to deliver any such Dedicated ): (a) all Gas to any other gatherer, purchaser, produced and saved on or marketer or other Person prior to delivery to Gatherer at after the Receipt Point(s). The Parties agree and acknowledge that, subject to Section 2.5 Effective Date for the remainder of the AgreementTerm from those Xxxxx for which Customer and/or any of its Affiliates is the operator now or hereafter located within the Dedicated Area or on lands pooled or unitized therewith, to the extent that a Transferee acquires any portion of such Gas is attributable to the Interests (including Leases within the Xxxxx located in the Dedication Area), such Transferee shall only receive rights and obligations hereunder as to such Interests, and the Agreement shall not apply to any other Interests that may be Dedicated Area now owned or hereafter acquired by the Transferee or Customer and/or its Affiliates at the time of such Transfer or subsequently acquired by such Transferee or its Affiliates within the Dedication Area. Additionally, if there is a Change of Control and their respective successors and assigns; and (b) with respect to Producer (those Xxxxx for which Customer and/or any of its Affiliates is the operator, Gas produced on or any member after the Effective Date for the remainder of Producer Group the Term from such Xxxxx which owns Dedicated Interests at the time of such Change of Control), then, following such Change of Control, the dedication provisions contained in the Agreement shall only apply is attributable to the Interests Leases in such Xxxxx owned by Producer (other working interest owners and royalty owners which is not taken “in-kind” by such working interest owners and royalty owners and for which Customer and/or its Affiliates has the right or obligation to deliver such member Gas and only for the period that Customer and/or its Affiliates has such right or obligation. For the avoidance of Producer Group) at the time of such Change of Controldoubt, and the Agreement Customer shall not apply be required to (x) deliver Gas from any well operated by an operator other Interests subsequently acquired by Producer (than Customer or such member of Producer Group) following such Change of Control or (y) its Affiliates, including any other Interests owned at the time of such Change of Control, or subsequently acquired, by any Persons who become Affiliates of Producer (or such member of Producer Group) following such Change of Control.well where Customer

Appears in 1 contract

Samples: Gas Purchase Agreement (Lilis Energy, Inc.)

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Dedication. Subject Under the Contract, subject to the exceptionsreservations in Section 5 below, exclusions, and reservations set forth in the Agreement and the other terms and conditions of the Agreement, Producer hereby exclusively makes the following “Dedication” to Gatherer and the Gathering System: Producers (i) dedicates exclusively dedicated and commits all committed to the performance of Producer Group’s current the Contract the Dedicated Properties and future Interests, and Gas from such Interests, whether in place or produced and severed therefrom, in the Dedication Area, Dedicated Gas; (ii) dedicates represented that except as identified on the attached Exhibit D, the Dedicated Properties and commits Dedicated Gas are not otherwise subject to any gas gathering agreement or other commitment or arrangement that would permit or require the Dedicated Gas to be gathered on or delivered to any other pipeline system; (iii) agreed to deliver all Gas produced from Xxxxx operated by Producer Group and/or produced from non- operated Xxxxx that are owned by Producer Group for gathering under this Instrument, and (iii) commits to deliver all Gas from Xxxxx located within of the Dedication Area that is not owned by Producer Group to the extent that Producer Group controls or has the right to market such Gas for the term of this Instrument (the Gas described in the foregoing subparts (i), (ii) and (iii) being “Dedicated Gas”). Producer agrees not to deliver any such Dedicated Gas to any other gatherer, purchaser, or marketer or other Person prior to delivery to Gatherer Gatherer’s System at the Receipt Point(s). The Parties Points; (iv) agreed to cause any existing or future Affiliates of Producers with interests in the Dedicated Properties to be bound by the Contract and to execute and join as a party to the Contract; (v) acknowledged and agree that the dedication and acknowledge thatcommitment made by Producers and their Affiliates under the Contract is a covenant running with the land, and Producers agreed to enter into any memoranda substantially in the form of this Memorandum and cooperate with Gatherer in all reasonable respects in filing them; (vi) covenanted that (a) no subsequent transfer of any interest in the Dedicated Properties will be made without the transferred Dedicated Properties being made subject to Section 2.5 of the Agreement, to the extent that a Transferee acquires any portion of the Interests (including the Xxxxx located in the Dedication Area), such Transferee shall only receive rights and obligations hereunder as to such Interests, dedication obligation and the Agreement shall not apply to any other Interests that may be owned by the Transferee or its Affiliates at the time of such Transfer or subsequently acquired by such Transferee or its Affiliates within the Dedication Area. Additionally, if there is a Change of Control with respect to Producer Contract and (or any member of Producer Group which owns Dedicated Interests at the time of such Change of Control), then, following such Change of Control, the dedication provisions contained in the Agreement shall only apply to the Interests owned by Producer (or such member of Producer Groupb) at the time of any such Change transfer, the transferor will provide to Gatherer the transferee’s acknowledgement of Control, the dedication and the Agreement shall not apply Contract, including Gatherer’s right to file memoranda of the Contract and the transferee’s acknowledgment in local land records; and (xvii) covenanted to take such further action and to execute and deliver all such other agreements, certificates, instruments and documents as may be reasonably requested from time to time by Gatherer in furtherance of the intent of and to accomplish and evidence the purposes of the Contract and the dedication, including providing such information and making such additional, revised, or amended memoranda of the Contract and any other Interests subsequently acquired by Producer (or such member filings to meet the requirements of Producer Group) following such Change of Control or (y) any other Interests owned at the time of such Change of Controlstate, county, parish, or subsequently acquiredother jurisdiction for filing and with respect to the validity and enforceability of the dedication. 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, by any Persons who become Affiliates of Producer AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (or such member of Producer Group) following such Change of Control**).

Appears in 1 contract

Samples: Gas Gathering (Access Midstream Partners Lp)

Dedication. Subject to the exceptions, exclusions, and reservations set forth in the Agreement and the other terms and conditions of the Agreementhereof, Producer Shipper hereby exclusively makes the following “Dedication” to Gatherer and the Gathering System: (i) dedicates for Services with respect to Shipper Crude Oil under this Agreement to Gatherer all Interests now owned or hereafter acquired by Shipper and/or its Affiliates and commits all of Producer Group’s current their respective successors and future Interestsassigns that cover lands located within the Dedicated Area, and Gas from such Interests, whether in place or produced and severed therefrom, in the Dedication Area, (ii) dedicates and commits to deliver all Gas produced from Xxxxx operated by Producer Group and/or produced from non- operated Xxxxx that are owned by Producer Group for gathering Services under this InstrumentAgreement and shall deliver, or cause to be delivered, hereunder to Gatherer, at the Receipt Points, the following (the “Dedication,” and the Crude Oil that is the subject of the Dedication being herein referred to as “Shipper Crude Oil”): (iiia) commits to deliver all Gas Crude Oil produced and saved on or after the Commencement Date for the remainder of the Term from those Xxxxx for which Shipper and/or any of its Affiliates is the operator now or hereafter located within the Dedication Dedicated Area that is not owned by Producer Group to the extent that Producer Group controls or has the right to market such Gas for the term of this Instrument (the Gas described in the foregoing subparts (i), (ii) and (iii) being “Dedicated Gas”). Producer agrees not to deliver any such Dedicated Gas to any other gatherer, purchaser, on lands pooled or marketer or other Person prior to delivery to Gatherer at the Receipt Point(s). The Parties agree and acknowledge that, subject to Section 2.5 of the Agreementunitized therewith, to the extent that a Transferee acquires any portion of such Crude Oil is attributable to the Interests (including within the Xxxxx located in the Dedication Area), such Transferee shall only receive rights and obligations hereunder as to such Interests, and the Agreement shall not apply to any other Interests that may be Dedicated Area now owned or hereafter acquired by the Transferee or Shipper and/or its Affiliates at the time of such Transfer or subsequently acquired by such Transferee or its Affiliates within the Dedication Area. Additionally, if there is a Change of Control and their respective successors and assigns; and (b) with respect to Producer (those Xxxxx for which Shipper and/or any of its Affiliates is the operator, Crude Oil produced on or any member after the Commencement Date for the remainder of Producer Group the Term from such Xxxxx which owns Dedicated Interests at the time of such Change of Control), then, following such Change of Control, the dedication provisions contained in the Agreement shall only apply is attributable to the Interests in such Xxxxx owned by Producer (other working interest owners and royalty owners which is not taken “in-kind” by such working interest owners and royalty owners and for which Shipper and/or its Affiliates has the right or obligation to deliver such member Crude Oil and only for the period that Shipper and/or its Affiliates has such right or obligation. For the avoidance of Producer Group) at the time of doubt, Shipper shall not be required to deliver Crude Oil from any well operated by an operator other than Shipper or its Affiliates, including any well where Shipper would be required to install split stream connection facilities or similar facilities to take such Change of ControlCrude Oil in kind, and the Agreement such Crude Oil shall not apply be Shipper Crude Oil subject to (x) any other Interests subsequently acquired by Producer (or such member of Producer Group) following such Change of Control or (y) any other Interests owned at the time of such Change of Control, or subsequently acquired, by any Persons who become Affiliates of Producer (or such member of Producer Group) following such Change of Control.Dedication hereunder. 3.2

Appears in 1 contract

Samples: Gathering Agreement (Lilis Energy, Inc.)

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