Common use of New Customers Clause in Contracts

New Customers. The Parties agree that any offer by any of the Parties hereto to provide Competitive Services to New Customers in any state or territory of the United States shall be first made on behalf of the Partnership Entities and shall include an offer to provide such Competitive Services under an agreement substantially in the form of the Form Compression Services Agreement. If the New Customer is unwilling to enter into an agreement with a Partnership Entity that is substantively similar to the Form Compression Services Agreement from a federal income tax treatment perspective (from the Partnership’s perspective), an Exterran Entity may enter into an agreement to provide Competitive Services to such New Customer for its own account provided that any agreement between such Exterran Entity and such New Customer is not substantively similar to the Form Compression Services Agreement from a federal income tax treatment perspective (from the Partnership’s perspective). If a New Customer enters into an agreement with a member of the Partnership Group for Competitive Services, then such New Customer will then constitute a Partnership Customer for the purposes of this Agreement and if, in accordance with this Section 2.6, a New Customer enters into an agreement with an Exterran Entity for Competitive Services, then such New Customer will then constitute an Exterran Customer for the purposes of this Agreement.

Appears in 7 contracts

Samples: Omnibus Agreement (Exterran Partners, L.P.), Omnibus Agreement (Exterran Holdings Inc.), Omnibus Agreement (Exterran Partners, L.P.)

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New Customers. The Parties agree that any offer by any of the Parties hereto to provide Competitive Services to New Customers in any state or territory of the United States shall be first made on behalf of the Partnership Entities and shall include an offer to provide such Competitive Services under an agreement substantially in the form of the Form Compression Services Agreement. If the New Customer is unwilling to enter into an agreement with a Partnership Entity that is substantively similar to the Form Compression Services Agreement from a federal income tax treatment perspective (from the Partnership’s perspective), an Exterran a UCH Entity may enter into an agreement to provide Competitive Services to such New Customer for its own account provided that any agreement between such Exterran UCH Entity and such New Customer is not substantively similar to the Form Compression Services Agreement from a federal income tax treatment perspective (from the Partnership’s perspective). If a New Customer enters into an agreement with a member of the Partnership Group for Competitive Services, then such New Customer will then constitute a Partnership Customer for the purposes of this Agreement and if, in accordance with this Section 2.6, a New Customer enters into an agreement with an Exterran a UCH Entity for Competitive Services, then such New Customer will then constitute an Exterran a UCH Customer for the purposes of this Agreement.

Appears in 3 contracts

Samples: Master Rental Agreement (Universal Compression Partners, L.P.), Master Rental Agreement (Universal Compression Holdings Inc), Omnibus Agreement (Universal Compression Partners, L.P.)

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New Customers. The Parties agree that any offer by any of the Parties hereto to provide Competitive Services to New Customers in any state or territory of the United States shall be first made on behalf of the Partnership Entities and shall include an offer to provide such Competitive Services under an agreement substantially in the form of the Form Compression Services Agreement. If the New Customer is unwilling to enter into an agreement with a Partnership Entity that is substantively similar to the Form Compression Services Agreement from a federal income tax treatment perspective (from the Partnership’s perspective), an Exterran Archrock Entity may enter into an agreement to provide Competitive Services to such New Customer for its own account provided that any agreement between such Exterran Archrock Entity and such New Customer is not substantively similar to the Form Compression Services Agreement from a federal income tax treatment perspective (from the Partnership’s perspective). If a New Customer enters into an agreement with a member of the Partnership Group for Competitive Services, then such New Customer will then constitute a Partnership Customer for the purposes of this Agreement and if, in accordance with this Section 2.6, a New Customer enters into an agreement with an Exterran Archrock Entity for Competitive Services, then such New Customer will then constitute an Exterran Archrock Customer for the purposes of this Agreement.

Appears in 2 contracts

Samples: Omnibus Agreement (Archrock, Inc.), Omnibus Agreement (Archrock Partners, L.P.)

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