Common use of No Agreement Clause in Contracts

No Agreement. If the Parties fail to reach agreement within a reasonable period of time on the gathering and other fees with respect to a requested connection, Gatherer shall provide to Producers its estimated costs for such connection and Producers may elect to (i) if capacity is available, reimburse Gatherer for its costs to construct and complete such connection to a Xxxxxxx Gathering System (a “Reimbursed Connection”) or (ii) request and receive a release from the dedication under this Agreement for the spacing/drilling units of the affected xxxxx if Producers reasonably determine that the terms offered for services by a third party gatherer in the Xxxxxxx XXX are more favorable than those under this Agreement. Producers shall furnish Notice to Gatherer of Producers’ election under the preceding sentence for each affected connection, and if Producers elect to reimburse Gatherer for the costs of any such connection, then (x) Gatherer shall proceed to commence and complete such connection, subject to Producers’ reimbursement of the costs therefor, and (y) all Producers’ Gas delivered through that Reimbursed Connection shall be gathered by Gatherer on the Xxxxxxx Gathering System under the terms of this Agreement, except that the prevailing Xxxxxxx Fees that apply to such Producers’ Gas shall be discounted by **% until Payout of the Reimbursed Connection occurs. Gatherer shall use good faith efforts to notify Producer no less than 60 Days prior to the date which Gatherer expects Payout of such Reimbursed Connection to occur. From and after Payout of a Reimbursed Connection, the applicable Xxxxxxx Fees that apply to Producers’ Gas from a Reimbursed Connection shall be the then prevailing undiscounted Xxxxxxx Fees. Producers shall be entitled to use the entire capacity of each Reimbursed Connection.

No Agreement. If the Parties fail to reach agreement within cannot mutually agree on either the existence of a reasonable period of time on the gathering and other fees with respect to a requested connectionTitle Defect or an adjustment amount for an alleged Title Defect, Gatherer shall provide to Producers its estimated costs for such connection and Producers either Party may elect to (i) if capacity is available, reimburse Gatherer for its costs terminate this Agreement as to construct the Sale Unit affected by the alleged Title Defect and complete such connection receive an adjustment in the Base Purchase Price by the amount allocated to the Lease Assets comprising the Sale Unit in which the Lease Assets with the alleged Title Defect are included as set forth in Exhibit G. In the event that either Party desires to terminate this Agreement as to a Xxxxxxx Gathering System Sale Unit affected by an alleged Title Defect, then that Party shall deliver written notice to the other Party of its intention to do so on or before 5:00 p.m., San Antonio, Texas time, on a date that is not more than three (a “Reimbursed Connection”3) or (ii) request and receive a release from days prior to the dedication under Closing Date. Buyer’s failure to timely deliver notice to Seller of its election to terminate this Agreement for as to the spacing/drilling units Sale Unit affected by an alleged Title Defect shall be deemed a waiver of such Title Defect, and Buyer shall proceed to Closing and accept the Lease Assets with the alleged Title Defect with no adjustment to the portion of the affected xxxxx if Producers reasonably determine that Base Purchase Price allocated to such Lease Assets comprising the terms offered for services by a third party gatherer in the Xxxxxxx XXX are more favorable than those under this AgreementSale Unit. Producers shall furnish Notice to Gatherer of Producers’ election under the preceding sentence for each affected connection, and if Producers elect to reimburse Gatherer for the costs Upon receipt of any such connectionnotice timely delivered by Buyer, then (x) Gatherer Seller shall have the option to agree to the adjustment amount to such Sale Unit as calculated, in good faith, in Buyer’s Title Defect notice by delivering written notice to Buyer prior to Closing, and, if timely delivered, the Parties shall proceed to commence and complete Closing without terminating this Agreement as to the Sale Unit affected by the alleged Title Defect. Upon receipt of any such connectionnotice timely delivered by Seller, subject Buyer shall have the option to Producers’ reimbursement accept the Sale Unit with the alleged Title Defect with no adjustment to the portion of the costs thereforBase Purchase Price allocated to the Lease Assets comprising the Sale Unit by delivering written notice to Seller prior to Closing, and (y) all Producers’ Gas delivered through that Reimbursed Connection and, if timely delivered, the Parties shall proceed to Closing without terminating this Agreement as to the Sale Unit affected by the alleged Title Defect. The adjustment amount of any Sale Unit excluded from this Agreement pursuant to this provision shall be gathered by Gatherer on the Xxxxxxx Gathering System under the terms treated as an individual Title Defect for purposes of this Agreement, except that the prevailing Xxxxxxx Fees that apply to such Producers’ Gas shall be discounted by **% until Payout of the Reimbursed Connection occurs. Gatherer shall use good faith efforts to notify Producer no less than 60 Days prior to the date which Gatherer expects Payout of such Reimbursed Connection to occur. From and after Payout of a Reimbursed Connection, the applicable Xxxxxxx Fees that apply to Producers’ Gas from a Reimbursed Connection shall be the then prevailing undiscounted Xxxxxxx Fees. Producers shall be entitled to use the entire capacity of each Reimbursed ConnectionSection 5(d).

No Agreement. If the Parties fail to reach agreement within a reasonable period of time on the gathering and other fees with respect to a requested connection, Gatherer shall provide to Producers its estimated costs for such connection and Producers may elect to (i) if capacity is available, reimburse Gatherer for its costs to construct and complete such connection to a Xxxxxxx Midcon Gathering System (a “Reimbursed Connection”) or (ii) request and receive a release from the dedication under this Agreement for the spacing/drilling units of the affected xxxxx if Producers reasonably determine that the terms offered for services by a third party gatherer in the Xxxxxxx XXX Midcon AMI are more favorable than those under this Agreement. Producers shall furnish Notice to Gatherer of Producers’ election under the preceding sentence for each affected connection, and if Producers elect to reimburse Gatherer for the costs of any such connection, then (x) Gatherer shall proceed to commence and complete such connection, subject to Producers’ reimbursement of the costs therefor, and (y) all Producers’ Gas delivered through that Reimbursed Connection shall be gathered by Gatherer on the Xxxxxxx Midcon Gathering System under the terms of this Agreement, except that the prevailing Xxxxxxx Midcon Fees that apply to such Producers’ Gas shall be discounted by **% until Payout of the Reimbursed Connection occurs. Gatherer shall use good faith efforts to notify Producer no less than 60 Days prior to the date which Gatherer expects Payout of such Reimbursed Connection to occur. From and after Payout of a Reimbursed Connection, the applicable Xxxxxxx Midcon Fees that apply to Producers’ Gas from a Reimbursed Connection shall be the then prevailing undiscounted Xxxxxxx Midcon Fees. Producers shall be entitled to use the entire capacity of each Reimbursed Connection.

No Agreement. If the Parties fail to reach agreement within a reasonable period cannot mutually agree on either the existence of time on the gathering and other fees with respect to a requested connectionan Environmental Defect or an adjustment amount for an alleged Environmental Defect, Gatherer shall provide to Producers its estimated costs for such connection and Producers either Party may elect to (i) if capacity is available, reimburse Gatherer for its costs terminate this Agreement as to construct the Sale Unit affected by the alleged Environmental Defect and complete such connection receive an adjustment in the Base Purchase Price by the amount allocated to the Lease Assets comprising that Sale Unit in which the Lease Assets with the alleged Environmental Defect are included as set forth in Exhibit G. In the event that either Party desires to terminate this Agreement as to a Xxxxxxx Gathering System Sale Unit affected by an alleged Environmental Defect, then that Party shall deliver written notice to the other Party of its intention to do so on or before 5:00 p.m., San Antonio, Texas time, on a date that is not more than three (a “Reimbursed Connection”3) or (ii) request and receive a release from days prior to the dedication under Closing Date. Buyer’s failure to timely deliver notice to Seller of its election to terminate this Agreement for as to the spacing/drilling units Sale Unit affected by an alleged Environmental Defect shall be deemed a waiver of such Environmental Defect, and Buyer shall proceed to Closing and accept the Lease Assets with the alleged Environmental Defect with no adjustment to the portion of the affected xxxxx if Producers reasonably determine that Base Purchase Price allocated to the terms offered for services by a third party gatherer in Lease Assets comprising the Xxxxxxx XXX are more favorable than those under this AgreementSale Unit. Producers shall furnish Notice to Gatherer of Producers’ election under the preceding sentence for each affected connection, and if Producers elect to reimburse Gatherer for the costs Upon receipt of any such connectionnotice timely delivered by Buyer, then (x) Gatherer Seller shall have the option to agree to the adjustment amount to such Sale Unit as calculated, in good faith, in Buyer’s Environmental Defect notice by delivering written notice to Buyer prior to Closing, and, if timely delivered, the Parties shall proceed to commence and complete Closing without terminating this Agreement as to the Sale Unit affected by the alleged Environmental Defect. Upon receipt of any such connectionnotice timely delivered by Seller, subject Buyer shall have the option to Producers’ reimbursement accept the Lease Assets with the alleged Environmental Defect with no adjustment to the portion of the costs thereforBase Purchase Price allocated to the Lease Assets comprising the Sale Unit by delivering written notice to Seller prior to Closing, and (y) all Producers’ Gas delivered through that Reimbursed Connection and, if timely delivered, the Parties shall proceed to Closing without terminating this Agreement as to the Sale Unit affected by the alleged Environmental Defect. The adjustment amount of any Sale Unit excluded from this Agreement pursuant to this provision shall be gathered by Gatherer on the Xxxxxxx Gathering System under the terms treated as an individual Environmental Defect for purposes of this Agreement, except that the prevailing Xxxxxxx Fees that apply to such Producers’ Gas shall be discounted by **% until Payout of the Reimbursed Connection occurs. Gatherer shall use good faith efforts to notify Producer no less than 60 Days prior to the date which Gatherer expects Payout of such Reimbursed Connection to occur. From and after Payout of a Reimbursed Connection, the applicable Xxxxxxx Fees that apply to Producers’ Gas from a Reimbursed Connection shall be the then prevailing undiscounted Xxxxxxx Fees. Producers shall be entitled to use the entire capacity of each Reimbursed ConnectionSection 6(e).