Services Provided by Gatherer. Producers agree to deliver, and Gatherer agrees to connect, receive, gather, compress, dehydrate, treat, and process, as applicable, and redeliver, Producers’ Gas and MV Mitigation Gas, on the Xxxxxxx Gathering Systems, for the Xxxxxxx Fees and on and subject to the terms and conditions provided in this Agreement.
Services Provided by Gatherer. 3.1 Gatherer shall, at Gatherer’s sole cost and expense, acquire and/or install all facilities that are needed or required to perform Gatherer’s obligations under this Agreement, including, but not limited to, Gatherer’s receipt of all of Producer’s Gas delivered by Producer at the Receipt Points in accordance with the terms of this Agreement and the gathering and compression of all of Producer’s Gas to a pressure such that Producer’s Gas can be delivered at the Delivery Points into the pipelines owned and/or controlled by the Pipeline Carriers. In order to maximize the value of Producer’s Gas, Gatherer and Producer shall continue to explore opportunities to participate in or otherwise support pipeline expansions by Pipeline Carriers and other pipeline companies. Producer and Gatherer will discuss the options to mutually determine which and to what extent, if any, pipeline expansions Producer and Gatherer may participate in. It is expressly agreed that Gatherer is obligated under this Agreement to provide at Gatherer’s sole cost ** Delivery Points, with one (1) such Delivery Point being established for each of the ** Pipeline Carriers which are specifically named in the above definition of “Pipeline Carriers,” at locations to be reasonably designated by Producer on each of those pipelines. At such time as Gatherer acquires Producer’s System or segments thereof, Gatherer shall maintain all then existing Delivery Points on such acquired portions of the System, and such existing Delivery Points and the **, shall satisfy the foregoing obligation of Gatherer to provide Delivery Points to the Pipeline Carriers. The Parties agree that Gatherer shall provide up to ** Delivery Points on currently existing and/or future pipelines within the Commitment Area, at locations within the Commitment Area to be reasonably designated by Producer on such pipelines, at Gatherer’s sole cost and expense, but that any additional Delivery Points beyond ** referred to above will be at Producer’s cost and expense. The Parties understand that if any additional Delivery Points beyond ** referred to above require that Producer’s Gas be compressed to in excess of a Monthly average of 1,100 psig to meet the Pipeline Carrier’s pressure requirements at the Delivery Points, then Producer’s Gas actually delivered to those Delivery Points will be subject to Compression Fees and Deemed Fuel during such Month for one additional stage of compression.
