Common use of Quality Specifications Clause in Contracts

Quality Specifications. All Crude Oil delivered at the Receipt Points by Shipper to Gatherer shall meet the quality specifications set forth in Section 1.1 of the Operating Terms. (a) Provided that Shipper Crude Oil delivered to the Receipt Points complies with such quality specifications set forth in Section 1.1 of the Operating Terms, all Crude Oil that is redelivered at the Delivery Points by Gatherer to Shipper shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in 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 (**). the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, Gatherer’s obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that all Shipper Crude Oil gathered by Gatherer through the Gathering System may be commingled with other Crude Oil volumes received and, subject to Gatherer’s obligation to redeliver to Shipper at the Delivery Points Crude Oil that satisfies the applicable quality specifications of the Delivery Points, (i) such Crude Oil shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Gatherer shall have no other obligation to Shipper associated with changes in quality of Crude Oil as the result of such commingling.

Appears in 2 contracts

Sources: Crude Oil Gathering Agreement (Hess Midstream Partners LP), Crude Oil Gathering Agreement (Hess Midstream Partners LP)

Quality Specifications. All Crude Oil Each (x) Mcf of Gas delivered at the Receipt Points by Shipper to Gatherer shall meet the quality specifications set forth in Section 1.1 1.1(a)(i) of the Operating Terms (as revised in accordance with Section 1.1(b) of the Operating Terms. ), and (ay) Provided that each MCFE of Injected Liquids delivered at the Injection Points by Shipper Crude Oil delivered to Gatherer shall meet the Receipt Points complies with such quality specifications set forth in Section 1.1 1.1(a)(ii) of the Operating Terms (as revised in accordance with Section 1.1(b) of the Operating Terms). Additionally, all Crude Oil that is redelivered Gas and Injected Liquids delivered at the Delivery Receipt Points by Gatherer to Shipper shall on any Day shall, collectively, meet the quality specifications set forth in Section 1.1(a)(iii) of the applicable Downstream Facilities at Operating Terms (as revised in accordance with Section 1.1(b) of the relevant Delivery Points; provided, however, that in Operating Terms). 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 (**). . (a) Provided that the Shipper Gas and Shipper Injected Liquids delivered to the Receipt Points comply with each applicable quality specification set forth in Section 1.1 of the Operating Terms, all Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and Injected Liquids that are redelivered at the Delivery Points by Gatherer to Shipper shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, Gatherer’s obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that all Shipper Crude Oil Gas and Shipper Injected Liquids gathered by Gatherer through the Gathering System may be commingled with other Crude Oil Gas and/or Injected Liquids volumes received and, subject to Gatherer’s obligation to redeliver to Shipper at the Delivery Points Crude Oil Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Injected Liquids, as applicable, that satisfies the applicable quality specifications of the Delivery Points, (i) such Crude Oil Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Injected Liquids shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Gatherer shall have no other obligation to Shipper associated with changes in quality of Crude Oil Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) or Injected Liquids as the result of such commingling.

Appears in 2 contracts

Sources: Gas Gathering Agreement (Hess Midstream Partners LP), Gas Gathering Agreement (Hess Midstream Partners LP)

Quality Specifications. All Crude Oil and NGLs delivered at the Receipt Points by Shipper Customer to Gatherer Provider shall meet the respective quality specifications for such Hydrocarbons as set forth in Section 1.1 of the Operating Terms. (a) Provided that Shipper Crude Oil the Customer Hydrocarbons delivered to the Receipt Points complies comply with such the applicable quality specifications set forth in Section 1.1 of the Operating Terms, all Crude Oil that is corresponding Hydrocarbons redelivered at the Delivery Points by Gatherer Provider to Shipper Customer shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, Provider’s obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that Customer Hydrocarbons received by Provider into the Terminals System and the Provider Tank Cars may be commingled with other Hydrocarbon volumes and, subject to Provider’s obligation set forth in Section 9.1(a), (i) such Hydrocarbons shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Provider shall have no other obligation to Customer associated with changes in quality of Hydrocarbons as the result of such commingling. (c) As of the date of this Agreement, Provider and the Terminals System will provide the System Services to Customer Crude Oil, regardless to which Packing Group such Customer Crude Oil is allocated to at such Customer Crude Oil’s receipt into the Terminals System, and Provider shall not distinguish or discriminate among Customer Crude Oil of different Packing Groups, whether in terms of priority of service, additional fees or charges, or otherwise. Notwithstanding the foregoing, if Provider should determine, in its sole discretion, at any time during the Term of this Agreement, that any distinction should be made with respect Barrels of Customer Crude Oil utilizing the System Services based on the Packing Group attributable to such Barrel of Customer Crude Oil, then: (i) the Parties hereby agree to negotiate in good faith to enter into such amendments to this Agreement and/or a separate arrangement in order to give effect to such distinction (including the addition of additional fees, priority modifications and quality restrictions, among others); and (ii) in the event that the Parties are not successful in accomplishing the objectives set forth in (i) above such that, following the failure to accomplish such 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 (**). objectives, Provider is not in substantially the event same economic position as it was prior to any such quality specifications determination, then Provider may terminate this Agreement upon the delivery of the applicable Downstream Facilities change from and after the date written Notice of this Agreement, Gatherer’s obligations under this Section 9.1(a) shall be subject termination to the provisions of Section 1.1(b) of the Operating TermsCustomer. (b) The Parties recognize and agree that all Shipper Crude Oil gathered by Gatherer through the Gathering System may be commingled with other Crude Oil volumes received and, subject to Gatherer’s obligation to redeliver to Shipper at the Delivery Points Crude Oil that satisfies the applicable quality specifications of the Delivery Points, (i) such Crude Oil shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Gatherer shall have no other obligation to Shipper associated with changes in quality of Crude Oil as the result of such commingling.

Appears in 2 contracts

Sources: Terminal and Export Services Agreement (Hess Midstream Partners LP), Terminal and Export Services Agreement (Hess Midstream Partners LP)

Quality Specifications. All Crude Oil and NGLs delivered at the Receipt Points by Shipper Customer to Gatherer Provider shall meet the respective quality specifications for such Hydrocarbons as set forth in Section 1.1 of the Operating Terms. (a) Provided that Shipper Crude Oil delivered to the Receipt Points complies with such quality specifications set forth in Section 1.1 of the Operating Terms, all Crude Oil that is redelivered at the Delivery Points by Gatherer to Shipper shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in . 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 (**). . (a) Provided that the Customer Hydrocarbons delivered to the Receipt Points comply with the applicable quality specifications set forth in Section 1.1 of the Operating Terms, all corresponding Hydrocarbons redelivered at the Delivery Points by Provider to Customer shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, GathererProvider’s obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that all Shipper Crude Oil gathered Customer Hydrocarbons received by Gatherer through Provider into the Gathering Terminals System and the Provider Tank Cars may be commingled with other Crude Oil Hydrocarbon volumes received and, subject to GathererProvider’s obligation to redeliver to Shipper at the Delivery Points Crude Oil that satisfies the applicable quality specifications of the Delivery Pointsset forth in Section 9.1(a), (i) such Crude Oil Hydrocarbons shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Gatherer Provider shall have no other obligation to Shipper Customer associated with changes in quality of Crude Oil Hydrocarbons as the result of such commingling. (c) As of the date of this Agreement, Provider and the Terminals System will provide the System Services to Customer Crude Oil, regardless to which Packing Group such Customer Crude Oil is allocated to at such Customer Crude Oil’s receipt into the Terminals System, and Provider shall not distinguish or discriminate among Customer Crude Oil of different Packing Groups, whether in terms of priority of service, additional fees or charges, or otherwise. Notwithstanding the foregoing, if Provider should determine, in its sole discretion, at any time during the Term of this Agreement, that any distinction should be made with respect to Barrels of Customer Crude Oil utilizing the System Services based on the Packing Group attributable to such Barrel of Customer Crude Oil, then: (i) the Parties hereby agree to negotiate in good faith to enter into such amendments to this Agreement and/or a separate arrangement in order to give effect to such distinction (including the addition of additional fees, priority modifications and quality restrictions, among others); and (ii) in the event that the Parties are not successful in accomplishing the objectives set forth in (i) above such that, following the failure to accomplish such objectives, Provider is not in substantially the same economic position as it was prior to any such determination, then Provider may terminate this Agreement upon the delivery of written Notice of termination to Customer.

Appears in 2 contracts

Sources: Terminal and Export Services Agreement (Hess Midstream Partners LP), Terminal and Export Services Agreement (Hess Midstream Partners LP)

Quality Specifications. All Crude Oil and NGLs delivered at the Receipt Points by Shipper Customer to Gatherer Provider shall meet the respective quality specifications for such Hydrocarbons as set forth in Section 1.1 of the Operating Terms. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. (a) Provided that Shipper Crude Oil the Customer Hydrocarbons delivered to the Receipt Points complies comply with such the applicable quality specifications set forth in Section 1.1 of the Operating Terms, all Crude Oil that is corresponding Hydrocarbons redelivered at the Delivery Points by Gatherer Provider to Shipper Customer shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in 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 (**). the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, Gatherer’s Provider's obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that all Shipper Crude Oil gathered Customer Hydrocarbons received by Gatherer through Provider into the Gathering Terminals System and the Provider Tank Cars may be commingled with other Crude Oil Hydrocarbon volumes received and, subject to Gatherer’s Provider's obligation to redeliver to Shipper at the Delivery Points Crude Oil that satisfies the applicable quality specifications of the Delivery Pointsset forth in Section 9.1(a), (i) such Crude Oil Hydrocarbons shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Gatherer Provider shall have no other obligation to Shipper Customer associated with changes in quality of Crude Oil Hydrocarbons as the result of such commingling. (c) As of the date of this Agreement, Provider and the Terminals System will provide the System Services to Customer Crude Oil, regardless to which Packing Group such Customer Crude Oil is allocated to at such Customer Crude Oil's receipt into the Terminals System, and Provider shall not distinguish or discriminate among Customer Crude Oil of different Packing Groups, whether in terms of priority of service, additional fees or charges, or otherwise. Notwithstanding the foregoing, if Provider should determine, in its sole discretion, at any time during the Term of this Agreement, that any distinction should be made with respect to Barrels of Customer Crude Oil utilizing the System Services based on the Packing Group attributable to such Barrel of Customer Crude Oil, then: (i) the Parties hereby agree to negotiate in good faith to enter into such amendments to this Agreement and/or a separate arrangement in order to give effect to such distinction (including the addition of additional fees, priority modifications and quality restrictions, among others); and (ii) in the event that the Parties are not successful in accomplishing the objectives set forth in (i) above such that, following the failure to accomplish such objectives, Provider is not in substantially the same economic position as it was prior to any such determination, then Provider may terminate this Agreement upon the delivery of written Notice of termination to Customer.

Appears in 1 contract

Sources: Terminal and Export Services Agreement (Hess Midstream LP)

Quality Specifications. All Crude Oil (a) Subject to Section 6.2 below, all Gas delivered at the Receipt Points by Shipper Producer to Gatherer shall meet the quality specifications set forth in Section 1.1 of Schedule A, except, with respect to any Individual System for which different quality specifications are set forth in the Operating Terms. (a) Provided applicable Agreement Addendum, such specifications that Shipper Crude Oil are set out in the applicable Agreement Addendum shall control. If Producer’s Gas delivered to the Receipt Points complies with such quality specifications set forth or, after blending in accordance with the second sentence of Section 1.1 of the Operating Terms6.2, otherwise complies such specifications, then all Crude Oil that is Gas redelivered at the Delivery Points by Gatherer to Shipper Producer shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided. Subject to Section 6.1(b), however, that in 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 (**). Gatherer may commingle Gas received into the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, Gatherer’s obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that all Shipper Crude Oil gathered by Gatherer through the Gathering Individual System may be commingled with other Crude Oil volumes received Gas shipments and, subject to Gatherer’s obligation to redeliver to Shipper Producer at the Delivery Points Crude Oil Gas that satisfies the applicable quality specifications of the Delivery Points, (i) such Crude Oil Gas shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Gatherer shall have no other obligation to Shipper Producer associated with changes in quality of Crude Oil Gas as the result of such comminglingcommingling and (iii) Gatherer shall have the right to change the quality specifications to comply with any changes in the Downstream Facility specifications. (b) Gatherer shall establish a quality bank with respect to Gas transported within the same common stream. Such quality bank shall initially apply only to the API gravity of Gas transported within the same common stream. Gatherer shall have the right to expand such quality bank to also apply to the sulphur content of Gas transported within the same common stream. All shippers shall be required to participate in the quality bank. The quality bank (i) shall be administered by an entity to be designated by Gatherer, which may be Gatherer, (“Administrator”), and such Administrator shall calculate, collect, and remit monetary adjustments among all shippers tendering within the common streams from changes in specified constituents (i.e., API gravity and/or sulphur, as applicable) for which such quality bank is established and which result from common stream operations, and (ii) each shipper shall pay the Administrator the computed quality adjustments due from such shipper in accordance with the quality bank policy.

Appears in 1 contract

Sources: Gas Gathering Agreement (Rosehill Resources Inc.)

Quality Specifications. All Crude Oil Each (x) Mcf of Gas delivered at the Receipt Points by Shipper to Gatherer shall meet the quality specifications set forth in Section 1.1 1.1(a)(i) of the Operating Terms (as revised in accordance with Section 1.1(b) of the Operating Terms), and (y) each MCFE of Injected Liquids delivered at the Injection Points by Shipper to Gatherer shall meet the quality specifications set forth in Section 1.1(a)(ii) of the Operating Terms (as revised in accordance with Section 1.1(b) of the Operating Terms). Additionally, all Gas and Injected Liquids delivered at the Receipt Points by Shipper on any Day shall, collectively, meet the quality specifications set forth in Section 1.1(a)(iii) of the Operating Terms (as revised in accordance with Section 1.1(b) of the Operating Terms). (a) Provided that the Shipper Crude Oil Gas and Shipper Injected Liquids delivered to the Receipt Points complies comply with such each applicable quality specifications specification set forth in Section 1.1 of the Operating Terms, all Crude Oil Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and Injected Liquids that is are redelivered at the Delivery Points by Gatherer to Shipper shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in 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 (**). the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, Gatherer’s obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that all Shipper Crude Oil Gas and Shipper Injected Liquids gathered by Gatherer through the Gathering System may be commingled with other Crude Oil Gas and/or Injected Liquids volumes received and, subject to Gatherer’s obligation to redeliver to Shipper at the Delivery Points Crude Oil Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Injected Liquids, as applicable, that satisfies the applicable quality specifications of the Delivery Points, (i) such Crude Oil Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) and/or Injected Liquids shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Gatherer shall have no other obligation to Shipper associated with changes in quality of Crude Oil Gas (including any Drip Liquids allocated to Shipper in accordance with this Agreement) or Injected Liquids as the result of such commingling. 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 (**).

Appears in 1 contract

Sources: Gas Gathering Agreement (Hess Midstream Partners LP)

Quality Specifications. All Crude Oil Gas and Injected NGLs delivered at the Receipt Points by Shipper Customer to Gatherer the Provider Group shall meet the applicable quality specifications set forth in Section 1.1 of the Operating Terms. (a) Provided that Shipper Crude Oil Customer Gas and Customer Injected NGLs delivered to the Receipt Points complies with such the applicable quality specifications set forth in Section 1.1 of the Operating Terms (as revised in accordance with Section 1.1(b) of the Operating Terms), all Crude Oil that is redelivered at the Delivery Points by Gatherer to Shipper shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in Customer 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 (**). Residue Gas and Customer NGLs that are redelivered at the Delivery Points by the Provider Group to Customer shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, GathererProvider’s obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that all Shipper Crude Oil gathered by Gatherer through Customer Gas and Customer Injected NGLs received into the Gathering ▇▇▇▇▇▇ System may be commingled with other Crude Oil volumes received Gas and Injected NGL receipts and, subject to GathererProvider’s obligation to redeliver to Shipper at the Delivery Points Crude Oil that satisfies the applicable quality specifications of the Delivery Pointsset forth in Section 9.1(a), (i) such Crude Oil Hydrocarbons shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Gatherer the Provider Group shall have no other obligation to Shipper Customer associated with changes in quality of Crude Oil Hydrocarbons as the result of such commingling.

Appears in 1 contract

Sources: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

Quality Specifications. All Crude Oil The weighted average quality of all Gas and Liquid Condensate delivered at the Receipt Points by Shipper to Gatherer cumulatively at all Receipt Points of an Individual System shall meet the applicable quality specifications set forth in Section 1.1 of the Operating Terms. (a) Terms and Conditions; provided, however, Shipper shall not deliver, to any Receipt Point, Liquid Condensate having a density that is not within the applicable range specified on Exhibit L. Shipper shall indemnify and hold Gatherer harmless from and against all Claims arising out of or relating to any failure of Shipper to comply with its obligations under the immediately preceding sentence. Provided that Shipper Crude Oil the weighted average quality of Shipper’s Gas and Liquid Condensate delivered to the cumulatively at all Receipt Points of an Individual System complies with such quality specifications, or complies with such quality specifications set forth when blended with other Gas and Liquid Condensate in such Individual System as provided in Section 1.1 6.2, and Shipper otherwise complies with the first sentence of the Operating Termsthis Section 6.1, all Crude Oil that is redelivered Gas and Condensate re-delivered at the Delivery Points for such Individual System by Gatherer to Shipper shall meet the quality specifications applicable at such relevant Delivery Points. Subject to Shipper’s compliance with its obligations under the first sentence of this Section 6.1, Gatherer shall indemnify and hold Shipper harmless from and against all Claims arising out of or relating to any failure of the Gas or Liquid Condensate delivered to or for the account of Shipper at the Delivery Points of the applicable Downstream Facilities at Individual System, to conform to the relevant quality specifications applicable to such Delivery Points; provided, however, that in 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 (**). the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, Gatherer’s obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that all Shipper Crude Oil Gas and Liquid Condensate gathered by Gatherer hereunder through the Gathering an Individual System may will be commingled with other Crude Oil volumes received Gas and Liquid Condensate shipments (including in connection with Shipper’s exercise of its blending rights hereunder) and, subject to Gatherer’s obligation under this Section (as qualified by the first sentence of this Section 6.1) to redeliver re-deliver to Shipper Shipper, at the Delivery Points Crude Oil of such Individual System, Gas and Condensate that satisfies the applicable quality specifications of the such Delivery Points, (ia) such Crude Oil Gas and Liquid Condensate shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (iib) Gatherer shall have no other obligation to Shipper associated with changes in quality of Crude Oil Gas and Liquid Condensate as the result of such commingling.

Appears in 1 contract

Sources: Gathering Agreement (CNX Midstream Partners LP)

Quality Specifications. All Crude Oil Gas and Injected NGLs delivered at the Receipt Points by Shipper Customer to Gatherer the Provider Group shall meet the applicable quality specifications set forth in Section 1.1 of the Operating Terms. (a) Provided that Shipper Crude Oil Customer Gas and Customer Injected NGLs delivered to the Receipt Points complies with such the applicable quality specifications set forth in Section 1.1 of the Operating Terms (as revised in accordance with Section 1.1(b) of the Operating Terms), all Crude Oil Customer CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. Residue Gas and Customer NGLs that is are redelivered at the Delivery Points by Gatherer the Provider Group to Shipper Customer shall meet the quality specifications of the applicable Downstream Facilities at the relevant Delivery Points; provided, however, that in 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 (**). the event any such quality specifications of the applicable Downstream Facilities change from and after the date of this Agreement, Gatherer’s Provider's obligations under this Section 9.1(a) shall be subject to the provisions of Section 1.1(b) of the Operating Terms. (b) The Parties recognize and agree that all Shipper Crude Oil gathered by Gatherer through Customer Gas and Customer Injected NGLs received into the Gathering ▇▇▇▇▇▇ System may be commingled with other Crude Oil volumes received Gas and Injected NGL receipts and, subject to Gatherer’s Provider's obligation to redeliver to Shipper at the Delivery Points Crude Oil that satisfies the applicable quality specifications of the Delivery Pointsset forth in Section 9.1(a), (i) such Crude Oil Hydrocarbons shall be subject to such changes in quality, composition and other characteristics as may result from such commingling, and (ii) Gatherer the Provider Group shall have no other obligation to Shipper Customer associated with changes in quality of Crude Oil Hydrocarbons as the result of such commingling.

Appears in 1 contract

Sources: Gas Processing and Fractionation Agreement (Hess Midstream LP)