System Plan Clause Samples
System Plan. Based on the Development Report and such other information about the expected development of the Dedicated Properties as shall be provided to Midstream Co by or on behalf of Producer, including as a result of meetings between representatives of Midstream Co and Producer, Midstream Co shall develop and periodically update a plan (the “System Plan”) describing or depicting the modifications, extensions, enhancements, major maintenance and other actions necessary in order for the Individual System to be able to provide timely Services for the Product produced by the ▇▇▇▇▇ and Separator Facilities described in the most recent Development Report (including Planned ▇▇▇▇▇, Planned Separator Facilities and changes in anticipated production from existing ▇▇▇▇▇ and Separator Facilities). Without limiting or otherwise altering Midstream Co’s rights under Section 13.2, unless the applicable Well or Separator Facility is operated by Original Producer, Midstream Co may elect, in its sole discretion, not to make such modifications, extensions, enhancements, major maintenance, or other actions to the System (the “Modifications”) and not to provide Services for any ▇▇▇▇▇ or Separator Facilities included in a Development Report delivered by a Producer that is not the Original Producer. If (i) Midstream Co elects to make such Modifications, (ii) Producer thereafter modifies the Development Report or provides other information (the date on which the modified Development Report or such other information is provided to Midstream Co, the “Cancellation Date”) indicating that such Modifications are no longer necessary, and (iii) as of the Cancellation Date, the actual aggregate costs and expenses (excluding Excluded Amounts) incurred or committed by Midstream Co to make such cancelled Modifications exceeds $100,000.00, then Producer shall reimburse Midstream Co for all reasonable and documented costs and expenses (other than the Excluded Amounts) incurred or committed by Midstream Co through the Cancellation Date to make such Modifications. The System Plan (or, with respect to the allocation procedures described in clause (vi), the applicable writing signed by Midstream Co and Producer) shall include information as to:
(i) each Facility Segment then existing and operational, under construction, or planned and the Individual System of which such Facility Segment is a part;
(ii) all Receipt Points and Delivery Points served or to be served by each such Facility Segment;
(iii) Reserv...
System Plan. Based on the Development Report and such other information about the expected development of the Dedicated Properties provided in writing to Midstream Co by or on behalf of Producer (including as a result of meetings between representatives of Midstream Co and Producer), Midstream Co shall, subject to Section 13.2, develop and provide quarterly updates of a plan (the “System Plan”) describing or depicting the modifications, extensions, enhancements, major maintenance and other actions (any of the foregoing, a “Modification” or “Modifications”) necessary in order for the applicable Individual System to be able to provide timely Services for the Product produced by the ▇▇▇▇▇ and Separator Facilities described in the most recent Development Report (including Planned ▇▇▇▇▇, Planned Separator Facilities and changes in anticipated production from existing ▇▇▇▇▇ and Separator Facilities). Without limiting or otherwise altering Midstream Co’s rights under Section 13.2, unless the applicable Well or Separator Facility is operated by Original Producer, Midstream Co may elect, in its sole discretion, not to make such Modifications to the System. Each System Plan shall describe (i) the Modifications required to provide timely Services for any ▇▇▇▇▇ or Separator Facilities projected by the Development Report to occur within the applicable Period of Two Years; and (ii) generally, the Modifications required to provide timely Services for any ▇▇▇▇▇ or Separator Facilities projected by the Development Report to occur within the applicable Period of Five Years. Midstream Co shall deliver an applicable System Plan (including any updated System Plan) to Producer promptly after each Development Report is received by Midstream Co, and in any event not later than 45 Days after Producer’s delivery to Midstream Co of each Development Report or amendment thereto. In the sole discretion of each Person serving as a Midstream Co under a Midstream Agreement Addendum, such Midstream Co may work with any other Midstream Co to prepare and deliver a System Plan jointly.
System Plan. ▇▇▇▇▇▇▇▇ POWER agrees to cooperate with COUNTY and appropriate regulatory agencies in the preparation of a plan for the sizing and installation of adequate Landfill Gas emission and Migration control devices including but not limited to Conversion System, Flare Facility, and Collection System to assure full compliance with air quality, and Landfill Gas emission and Migration regulations and other Applicable Law. COUNTY and regulatory agencies shall each approve the plan prior to design and construction of facilities contained herein. ▇▇▇▇▇▇▇▇ POWER shall operate the Conversion System and any Flare Facility(s) necessary to maintain the COUNTY in compliance with all Applicable Law, including but not limited to, air quality and ground water quality and Landfill Gas emission and Migration regulations.
System Plan. Based on the Development Plan and such other information about the expected development of the Dedicated ▇▇▇▇▇ and Dedicated Area as shall be provided to Gatherer by Producer, including as a result of meetings between personnel of Gatherer and Producer and the provision of the Development Plan to Gatherer in accordance with the time periods set forth in Section 4.2(a), on or before [***] and [***] of each calendar year following the Effective Date, Gatherer shall develop and periodically update a plan describing, depicting, or both (but, in any case, including a System map), the System necessary to provide the Services for Committed Produced Water forecasted to be delivered hereunder (each such plan, as updated in accordance with the foregoing and as the then current plan may be amended from time to time, the “System Plan”).
System Plan. A System Plan has been developed by the Participants in coordination with an outside consultant, Design Nine Broadband Planners, and titled “C-Net/I-Net Systems and Business Plan v7.” The System Plan is fully incorporated into this Agreement by reference. The Board will formally adopt the System Plan at its first organizational meeting and may thereafter amend the System Plan from time to time as it deems appropriate. If there are any conflicts between the terms of this Agreement and the terms of the System Plan, the terms in this Agreement shall prevail. The vote to approve or modify the System Plan shall be by Weighted Voting.
System Plan. Based on the Development Report and such other information about the expected development of the Dedicated Properties as shall be provided to Midstream Co by or on behalf of Producer, including as a result of meetings between representatives of Midstream Co and Producer, Midstream Co shall develop and periodically update a plan describing and/or depicting the modifications, enhancements, major maintenance and/or other actions necessary in order for the Individual System to be able to provide timely Services in accordance with the most recent Development Report and Section 4.4(a), including in connection with Producer’s planned development and drilling activities with respect to the Dedicated Properties. Such plan regarding the Individual System (each such plan, as updated in accordance with the foregoing and as the then current plan may be amended from time to time, the “System Plan”) shall demonstrate how Midstream Co shall satisfy the needs that are identified in the Development Report for (i) Services within the Dedication Area and (ii) additional facilities (including additional Individual Systems) constituting part of the Individual System. OpCo shall, subject to these Agreement Terms and Conditions, cause each Midstream Co to coordinate their System Plans so that, taken as a whole, the System Plans delivered by all of the Midstream Cos shall satisfy the needs for Services throughout the Service Area. Such System Plan shall include information as to:
(i) all Receipt Points, Planned Receipt Points, Delivery Points and Planned Delivery Points served or to be served by the System;
(ii) estimates of all modifications and/or enhancements to the System (including expansions of existing Individual Systems and construction of additional Individual Systems) that are necessary in order for Midstream Co to provide the Services with respect to the Dedicated Production Estimate as set forth in the applicable Development Report (the “Committed Build-Outs”);
(iii) Reserved;
(iv) Reserved;
(v) the anticipated schedule for completing the construction and installation of the planned Committed Build-Outs (such estimate, with respect to each such Committed Build-Out, the “Target Completion Date”);
(vi) the allocation methodologies to be used by Midstream Co with respect to allocations hereunder and, with respect to any System Plan after the initial System Plan, any proposed changes to the allocation methodologies then in effect (all such allocation methodologies shall co...
System Plan. The Standard requires that the Operation develop a system, consisting of appropriate practices, procedures, and policies, to comply with the provisions of the Standard. The Operation shall develop such a system and ensure that it is effectively implemented at all times. The Operation shall communicate truthfully, accurately, and completely to AI about the system so that AI can assess whether or not the Operation’s system, as envisioned and as applied, is sufficient to comply with the Standard. The Operation shall complete and submit to AI a summary of the system plan annually for review, and shall comply with all of AI’s requests for information about the existence, details, and effectiveness of the system plan. AI has the right to require that the Operation communicate this information in specific formats, through the use of specific forms, and at specific regular or surprise intervals and the Operation shall comply with AI’s requirements in this part. AI shall assess all information received in order to determine compliance with the Standard and guidance. The Operation shall inform AI immediately of any changes in procedure, practices, or policies that vary from the system plan that AI has previously reviewed for compliance. Additionally, the Operation shall inform AI immediately of any incidents or events which would suggest to a reasonable person that the organic integrity of the system, or any product, ingredient, or land covered by the certification may have been compromised or may be compromised in the future. The Operation shall accept annual, periodic, and unannounced inspections by AI if requested by AI and its staff and subcontractors, and shall make all facilities, locations, records, staff, equipment, products, and land freely accessible to AI and its staff and subcontractors during inspections. The Operation agrees that AI may use subcontractors to perform work related to their certification.