Expansion Capacity Request Clause Samples

Expansion Capacity Request. During the first five years of the Term, and upon written notice from Shipper (each notice being an “Expansion Capacity Request”) for an expansion of the capacity of the Olympia Gathering System (“Expansion Capacity”), Gatherer shall expand the Olympia Gathering System under the terms of this Section 6. Within the time periods provided on the attached Exhibit E, Gatherer shall commence and acquire the necessary rights-of-way and permits, and execute until complete, construction of Gathering lines, including necessary laterals, facilities and Plants necessary to increase the capacity of the Olympia Gathering System (which, for the avoidance of doubt, is inclusive of the Initial Build Laterals) in minimum increments stated on Exhibit F up to a maximum additional capacity of 520 MMcf per Day. The Expansion Capacity Request will specify Shipper’s requested additional capacity increase amount (in the MMcf per Day increments) and the location in the Committed Area, if any, the Shipper is requesting Gatherer to expand. Shipper may elect more than one per Day increment at any one time The Gathering Fee for all Gas delivered and Gathered through the Olympia Gathering System shall adjust upon the in service date of Expansion Capacity, as specified in the attached Exhibit F (the “Revised Gathering Fee”). Shipper and Shipper Partner may make joint or separate Expansion Capacity Requests as long as the total capacity request meets the applicable per Day increment requirements for Expansion Capacity. Furthermore, in the event of an Expansion Capacity Request, then the provisions of Section 6.2 below shall apply with respect to both Shipper and Shipper Partner, regardless of whether Shipper or Shipper Partner makes an Expansion Capacity Request.