Upstream Gathering and Transportation Agreements. 9 3.2 Transporter's Tariff....................................... 10 3.3
Upstream Gathering and Transportation Agreements. Exhibit C to this Agreement contains a list of all upstream gathering and transportation service agreements associated with the delivery of Committed Gas to the Delivery Points. The Parties shall revise the list during the term of this Agreement to reflect the addition or deletion of gathering and transportation service agreements. CUSA shall be responsible for arranging, nominating and paying for, all upstream transportation and gathering services (and associated charges) necessary for CUSA to deliver Committed Gas to the Delivery Point(s), with the following exception. In respect to any upstream gathering or transportation service agreement managed by CUSA's Natural Gas Business Unit as of the Effective Date, CUSA shall have the option to shift responsibility for the management and operation of such service agreements to NGC as of the Effective Date (or effective as of a later date if CUSA does not exercise its option on or before the Effective Date). CUSA will use reasonable efforts to exercise its option on or before the Effective Date, however the Parties recognize that time constraints may preclude the completion of such action by such date. The Parties agree to execute any agreements they deem necessary to implement the shifting of such responsibility to NGC. Management and operation of such service agreements will include, without limitation, nominations, confirmations and the payment of invoices. Amounts paid by NGC to an upstream gatherer or transporter will be netted against amounts NGC is obligated to pay CUSA for Committed Gas delivered under this Agreement. Notwithstanding the foregoing, upon agreement of the Parties, in respect to any payments to an upstream gatherer or transporter, CUSA shall reimburse NGC for one hundred percent (100%) of all payments made by NGC to such upstream gatherer or transporter prior to the date NGC is required to make such payments to the gatherer or transporter provided that NGC furnishes CUSA a copy of the invoice no later than ten Days prior to the payment due date. If NGC furnishes a copy of the invoice later than the tenth Day before the payment due date, CUSA shall exercise reasonable efforts to reimburse NGC prior to the payment due date, but shall in any event reimburse NGC no later than the close of business on the tenth Day following CUSA's receipt of the invoice. In the event CUSA requests NGC's assistance in obtaining a new upstream gathering or transportation rate during the term of this Agreement, s...
Upstream Gathering and Transportation Agreements. Seller shall be responsible for the costs and expenses of all transportation and gathering charges necessary for Purchaser to deliver Committed Gas from the Delivery Point to the Pricing Pool for that Delivery Point. Purchaser shall arrange, manage and operate all interruptible transportation downstream of the Delivery Point. Purchaser shall use its commercially reasonable efforts to obtain the lowest rate obtainable on each Transporter for interruptible transportation used by Purchaser to transport Committed Gas on such Transporter. The FT Rights shall be acquired and managed under Section 3.6. Any amounts paid by or charged to Purchaser by a Transporter will be deducted from amounts Purchaser is obligated to pay Seller for Committed Gas delivered under this Agreement, as provided in this Article 3.
Upstream Gathering and Transportation Agreements. UPR shall be responsible for arranging, nominating and paying for, all upstream transportation and gathering services (and associated charges) necessary for UPR to deliver Committed Gas to the Delivery Point(s). In respect of any upstream gathering or transportation service agreement(s) managed by Union Pacific Fuels, Inc. before the Effective Date (the "G&T Agreements"), UPR shall have the option, exercisable at any time during the term of this Agreement upon delivery of written notice to UPFUELS sixty (60) days prior to the Effective Date, to shift responsibility for the management and operation of such service agreements to UPFUELS as of the Effective Date (or effective as of a later date if UPR does not exercise its option on or before the Effective Date), without payment of further consideration to UPFUELS. If UPR exercises the option reserved in the preceding sentence, the Parties agree to execute and deliver any agreements (such agreements to contain terms and conditions consistent with this Agreement that are customarily found in like agreements between natural gas industry participants) that such Parties reasonably deem necessary to implement the shifting of such responsibility to UPFUELS pursuant to UPR's exercise of such option. Management and operation of such G&T Agreements will include, without limitation, nominations, scheduling, confirmations and the payment of invoices, subject to reimbursement by UPR. Actual and reasonable transportation costs paid by UPFUELS to an upstream gatherer or transporter on UPR's behalf will be netted against amounts UPFUELS is obligated to pay UPR for Committed Gas delivered under this Agreement.
