Third Party Production Clause Samples

Third Party Production. 11 -ii- 4 TABLE OF CONTENTS (CONTINUED)

Third Party Production. A Member shall not, directly or indirectly, gather, transport, process or fractionate any Lateral Opportunity owned by any Person other than a Member, whether by construction or acquisition of any pipeline laterals or extensions to connect such Lateral Opportunity to the Transmission Pipeline or the Producer Pipeline or any other pipeline or system (a “Third Party Lateral Opportunity”), or vote for, consent to or exercise any other rights it may have to approve or participate in the undertaking of a Third Party Lateral Opportunity by any of its Related Companies, until such Third Party Lateral Opportunity has been rejected or otherwise forfeited by the Company pursuant to this Section 2.7(b). If the Members do not approve the undertaking of such Third Party Lateral Opportunity by the Company within ten (10) days after receipt of the applicable Lateral Opportunity Notice, any Member who voted in favor of such Third Party Lateral Opportunity (a “Participating Member”) may elect to participate (or approve participation by or agree to participate with any of its Related Companies) in such Third Party Lateral Opportunity but only on the terms and conditions set forth in the applicable Lateral Opportunity Notice and only if such Third Party Lateral Opportunity connects to the Transmission Pipeline or the Producer Pipeline. Such Participating Member shall be free for a period of sixty (60) days after such initial ten (10) day Company approval period to enter into definitive agreements relating to, or otherwise consummate, the Third Party Lateral Opportunity on the terms and conditions set forth in the applicable Lateral Opportunity Notice (but only if such Third Party Lateral Opportunity connects to the Transmission Pipeline or the Producer Pipeline), or to approve or to participate in any similar actions by any of its Related Companies, without any further obligation or duty to the Company or any non participating Member with respect to such Third Party Lateral Opportunity. If no such definitive agreements are entered into or the Third Party Lateral Opportunity is not otherwise consummated prior to the expiration of such sixty (60) day period, such Participating Member shall not take any action with respect to such Third Party Lateral Opportunity (including any action to approve or participate in the undertaking of such Third Party Lateral Opportunity by any of its Related Companies), without again offering the same to the Company in accordance with Section 2.7(...

Third Party Production. 11 TABLE OF CONTENTS (CONTINUED) PAGE 12. TITLE AND RISK OF LOSS........................................................................ 12

Third Party Production. Notwithstanding anything to the contrary herein, AIPC may produce branded retail products for third parties, other than for Bord▇▇, ▇▇rshey or Barilla, or any of the Bord▇▇, ▇▇rs▇▇▇ ▇▇ Bari▇▇▇ ▇▇▇nds, without CPC's consent provided that such production in any Contract Year is limited to approximately three (3) million pounds in any quarter of any Contract Year, subject to an annual maximum of twelve (12) million pounds in any Contract Year, and further provided that AIPC is capable of satisfying CPC's Actual requirement for Products ordered from AIPC (up to the applicable annual AIPC Guaranteed Maximum Volume).

Third Party Production. Notwithstanding anything to the contrary herein, AIPC may produce branded retail products for third parties, other than for Bord▇▇, ▇▇rs▇▇▇ ▇▇ Bari▇▇▇, ▇▇ any of the Bord▇▇, ▇▇rshey or Barilla brands, without CPC's consent