Amendment Clause Example with 6 Variations from Business Contracts

Amendment. 1.1 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by amending and restating the following defined terms in their entirety to read as follows: "Facility Segment" means each segment of an Individual System comprised of facilities beginning that can be operated independently of other Facility Segments. For example, a Facility Segment may begin at a Receipt Point and ending end at a Retention Facility, begin at a Retention Facility and end at a ...Delivery Point. Point or have another configuration. If an Individual System does not contain any such distinct segment, then the term Facility Segment shall be synonymous with Individual System. "Individual Fee" means the aggregate of the Individual First Phase Fee and the Individual Second Phase Fee; provided that for purposes of the annual escalation in the Individual Fee described in Section 6.2(b), such term shall not include any Reimbursed Amount. "Individual System" means the portion of the System beginning at the Receipt Points and ending at the Delivery Points. The Individual Systems in existence on the Effective Date are more particularly described in writing between Producer and Midstream Co. Additional Individual Systems may be added to the System from time to time in satisfaction of the needs identified by Producer and evidenced in writing between Producer and Midstream Co. "Other System Fuel" means any (a) Gas delivered by Producer to Midstream Co pursuant to a Transaction Document between Producer and Midstream Co related to gas gathering services, or (b) Flash Gas, in each case, measured and used as fuel by Midstream Co. 1.2 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is further amended by amending and restating clauses (a) and (b) of the defined term "Dedicated Production" to read as follows: "(a) Product owned by Producer or an Affiliate of Producer and produced from a Well within the Dedication Area that is operated by Producer or an Affiliate under the Control of Producer, (b) Reserved,". 1.3 Section 2.3(d) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read: "(d) to pool, communitize or unitize Producer's interests with respect to Dedicated Production". 1.4 Section 2.4(b)(iv) of the Agreement (which appears in the Agreement Terms and Conditions) is amended and restated in its entirety to read: "(iv) Reserved.". 1.5 1.3 Section 3.1(e) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by deleting the sentence that reads as follows "In the sole discretion of each Person serving as a Midstream Co under a Midstream Agreement Addendum, Amendment 01 – Page 2 Second Amended and Restated Fresh Water Services Agreement Laramie River Fresh Water Agreement LAGC05-FW such Midstream Co may work with any other Midstream Co to prepare and deliver a System Plan jointly." and inserting in place thereof the following sentence: "Midstream Co may, in its sole discretion, work with OpCo or any of OpCo's subsidiaries to prepare and deliver a System Plan jointly with such other entity or entities." Amendment 01 – Page 2 Second Amended and Restated Crude Oil Gathering Agreement Green River Crude Oil Gathering Agreement GRMU03-OG 1.6 1.4 Section 3.2 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by inserting the following new clause (e) immediately following clause (d) of such Section 3.2: "(e) Substation and Interconnection Facilities. The obligations of Midstream Co hereunder to design and construct the Individual System and to perform the Services do not include the design or construction of any substation or other interconnecting facilities required to procure electricity for the Individual System. If a substation or any other interconnecting facility is required in order for Midstream Co to perform its obligations hereunder, Midstream Co and Producer shall enter into a separate agreement setting forth each Party's responsibilities in connection therewith, including an allocation of responsibility for all associated costs and expenses." 1.7 Section 6.3(d) 6.3 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read as follows: (d) Other System Fuel. Midstream Co may elect to use Other System Fuel as fuel to operate the Individual System, or to generate electricity for the operation of the Individual System and shall account for any Other System Fuel used by Midstream Co. Section 6.3 Producer, at its sole cost and expense, shall procure all fuel, in addition to Other System Fuel fuel used by Midstream Co, if any, required to operate the Individual System or to generate electricity for the operation of the Individual System and arrange for transportation of such fuel to the Individual System. 1.5 The last row of the chart in Section 7.1(a) of the Agreement Terms and Conditions is hereby amended and restated in its entirety to read as follows: Particulate Size 100 nominal micron 100 nominal micron 1.1 The description of the "Dedication Area" appearing in Agreement Addendum is hereby amended and restated in its entirety to read as follows: Dedication Area The following areas within Weld County, Colorado Township Range Sections T7N R65W ALL T6N R65W 1-5, 9-17, 20-29, 33-36 T5N R67W 13, 14, 23-26, 35, 36 T5N R66W 18-20, 25, S/2 26, 27-36 T5N R65W 1-3, E/2 4, 14 T4N R67W 1,2, 26, 27, 34, 35 Except and excluding the wells, leases, and other acreage described in the property exhibits attached to the Releases of Dedication. 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Amendment. 1.1 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by amending and restating the following defined terms in their entirety to read as follows: "Facility Segment" means each segment of an Individual System comprised of facilities beginning that can be operated independently of other Facility Segments. For example, a Facility Segment may begin at a Receipt Point and ending end at a Retention Facility, begin at a Retention Facility and end at a ...Delivery Point. Point or have another configuration. If an Individual System does not contain any such distinct segment, then the term Facility Segment shall be synonymous with Individual System. "Individual Fee" means the aggregate of the Individual First Phase Fee and the Individual Second Phase Fee; provided that for purposes of the annual escalation in the Individual Fee described in Section 6.2(b), such term shall not include any Reimbursed Amount. "Individual System" means the portion of the System beginning at the Receipt Points and ending at the Delivery Points. The Individual Systems in existence on the Effective Date are more particularly described in writing between Producer and Midstream Co. Additional Individual Systems may be added to the System from time to time in satisfaction of the needs identified by Producer and evidenced in writing between Producer and Midstream Co. "Other System Fuel" means any (a) Gas delivered by Producer to Midstream Co pursuant to a Transaction Document between Producer and Midstream Co related to gas gathering services, or (b) Flash Gas, in each case, measured and used as fuel by Midstream Co. 1.2 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is further amended by amending and restating clauses (a) and (b) of the defined term "Dedicated Production" to read as follows: "(a) Product owned by Producer or an Affiliate of Producer and produced from a Well within the Dedication Area that is operated by Producer or an Affiliate under the Control of Producer, (b) Reserved,". 1.3 Section 2.3(d) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read: "(d) to pool, communitize or unitize Producer's interests with respect to Dedicated Production". 1.4 Section 2.4(b)(iv) of the Agreement (which appears in the Agreement Terms and Conditions) is amended and restated in its entirety to read: "(iv) Reserved.". 1.5 Amendment 01 – Page 2 Second Amended and Restated Fresh Water Services Agreement Gunnison River Fresh Water Agreement GUBR04-FW 1.3 Section 3.1(e) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by deleting the sentence that reads as follows "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." and inserting in place thereof the following sentence: "Midstream Co may, in its sole discretion, work with OpCo or any of OpCo's subsidiaries to prepare and deliver a System Plan jointly with such other entity or entities." Amendment 01 – Page 2 Second Amended and Restated Crude Oil Gathering Agreement Green River Crude Oil Gathering Agreement GRMU03-OG 1.6 1.4 Section 3.2 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by inserting the following new clause (e) immediately following clause (d) of such Section 3.2: "(e) Substation and Interconnection Facilities. The obligations of Midstream Co hereunder to design and construct the Individual System and to perform the Services do not include the design or construction of any substation or other interconnecting facilities required to procure electricity for the Individual System. If a substation or any other interconnecting facility is required in order for Midstream Co to perform its obligations hereunder, Midstream Co and Producer shall enter into a separate agreement setting forth each Party's responsibilities in connection therewith, including an allocation of responsibility for all associated costs and expenses." 1.7 Section 6.3(d) 6.3 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read as follows: (d) Other System Fuel. Midstream Co may elect to use Other System Fuel as fuel to operate the Individual System, or to generate electricity for the operation of the Individual System and shall account for any Other System Fuel used by Midstream Co. Section 6.3 Producer, at its sole cost and expense, shall procure all fuel, in addition to Other System Fuel fuel used by Midstream Co, if any, required to operate the Individual System or to generate electricity for the operation of the Individual System and arrange for transportation of such fuel to the Individual System. 1.5 The last row of the chart in Section 7.1(a) of the Agreement Terms and Conditions is hereby amended and restated in its entirety to read as follows: Particulate Size 100 nominal micron 100 nominal micron 1.6 The description of the "Dedication Area" appearing in Agreement Addendum is hereby amended and restated in its entirety to read as follows: Dedication Area The following areas within Weld County, Colorado Township Range Sections 5N 65W 13, S/2 21, S/2 22, 23-27, 33-36 5N 64W 7-9, 16-21, 28-33 4N 67W 25, 36 4N 66W 1-3, 8-36 4N 65W ALL 4N 64W 4-9, 16-21, 28-31 Except and excluding the wells, leases, and other acreage described in the property exhibits attached to the Releases of Dedication. 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Amendment. 1.1 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by amending and restating the following defined terms in their entirety to read as follows: "Facility Segment" means each segment of an Individual System comprised of facilities beginning that can be operated independently of other Facility Segments. For example, a Facility Segment may begin at a Receipt Point and ending end at a Retention Facility, begin at a Retention Facility and end at a ...Delivery Point. Point or have another configuration. If an Individual System does not contain any such distinct segment, then the term Facility Segment shall be synonymous with Individual System. "Individual Fee" means the aggregate of the Individual First Phase Fee and the Individual Second Phase Fee; provided that for purposes of the annual escalation in the Individual Fee described in Section 6.2(b), such term shall not include any Reimbursed Amount. "Individual System" means the portion of the System beginning at the Receipt Points and ending at the Delivery Points. The Individual Systems in existence on the Effective Date are more particularly described in writing between Producer and Midstream Co. Additional Individual Systems may be added to the System from time to time in satisfaction of the needs identified by Producer and evidenced in writing between Producer and Midstream Co. "Other System Fuel" means any (a) Gas delivered by Producer to Midstream Co pursuant to a Transaction Document between Producer and Midstream Co related to gas gathering services, or (b) Flash Gas, in each case, measured and used as fuel by Midstream Co. 1.2 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is further amended by amending and restating clauses (a) and (b) of the defined term "Dedicated Production" to read as follows: "(a) Product owned by Producer or an Affiliate of Producer and produced from a Well within the Dedication Area that is operated by Producer or an Affiliate under the Control of Producer, (b) Reserved,". 1.3 Section 2.3(d) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read: "(d) to pool, communitize or unitize Producer's interests with respect to Dedicated Production". 1.4 Section 2.4(b)(iv) of the Agreement (which appears in the Agreement Terms and Conditions) is amended and restated in its entirety to read: "(iv) Reserved.". 1.5 1.3 Section 3.1(e) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by deleting the sentence that reads as follows "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." and inserting in place thereof the following sentence: "Midstream Co may, in its sole discretion, work with OpCo or any of OpCo's subsidiaries to prepare and deliver a System Plan jointly with such other entity or entities." Amendment 01 – Page 2 Second Amended and Restated Crude Oil Gathering Agreement Green River Crude Oil Gathering Agreement GRMU03-OG 1.6 1.4 Section 3.2 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by inserting the following new clause (e) immediately following clause (d) of such Section 3.2: "(e) Substation and Interconnection Facilities. The obligations of Midstream Co hereunder to design and construct the Individual System and to perform the Services do not include the design or construction of any substation or other interconnecting facilities required to procure electricity for the Individual System. If a substation or any other interconnecting facility is required in order for Midstream Co to perform its obligations hereunder, Midstream Co and Producer shall enter into a separate agreement setting forth each Party's responsibilities in connection therewith, including an allocation of responsibility for all associated costs and expenses." 1.7 Section 6.3(d) 6.3 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read as follows: (d) Other System Fuel. Midstream Co may elect to use Other System Fuel as fuel to operate the Individual System, or to generate electricity for the operation of the Individual System and shall account for any Other System Fuel used by Midstream Co. Section 6.3 Producer, at its sole cost and expense, shall procure all fuel, in addition to Other System Fuel fuel used by Midstream Co, if any, required to operate the Individual System or to generate electricity for the operation of the Individual System and arrange for transportation of such fuel to the Individual System. 1.5 The last row of the chart in Section 7.1(a) of the Agreement Terms and Conditions is hereby amended and restated in its entirety to read as follows: Particulate Size 100 nominal micron 100 nominal micron Amendment 01 – Page 2 Second Amended and Restated Fresh Water Services Agreement Colorado River Fresh Water Agreement CRWR01-FW 2. Clarification Regarding Second Phase Services. Midstream Co shall have the option to deliver Fresh Water through an Internal Transfer Point as described in the definition of "Services" in the Agreement (which appears in the Agreement Terms and Conditions) or directly to a Delivery Point without transporting Fresh Water through an Internal Transfer Point. The Individual Second Phase Fee shall be equal to zero for any Fresh Water that Midstream Co elects to deliver directly to a Delivery Point without passing through an Internal Transfer Point. View More

Amendment. 1.1 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by amending and restating the following defined terms in their entirety to read as follows: "Facility Segment" means each segment of an Individual System comprised of facilities beginning that can be operated independently of other Facility Segments. For example, a Facility Segment may begin at a Receipt Point and ending end at a Retention Facility, begin at a Retention Facility and end at a ...Delivery Point. Point or have another configuration. If an Individual System does not contain any such distinct segment, then the term Facility Segment shall be synonymous with Individual System. "Individual Fee" means the aggregate of the Individual First Phase Fee and the Individual Second Phase Fee; provided that for purposes of the annual escalation in the Individual Fee described in Section 6.2(b), such term shall not include any Reimbursed Amount. "Individual System" means the portion of the System beginning at the Receipt Points and ending at the Delivery Points. The Individual Systems in existence on the Effective Date are more particularly described in writing between Producer and Midstream Co. Additional Individual Systems may be added to the System from time to time in satisfaction of the needs identified by Producer and evidenced in writing between Producer and Midstream Co. "Other System Fuel" means any (a) Gas delivered by Producer to Midstream Co pursuant to a Transaction Document between Producer and Midstream Co related to gas gathering services, or (b) Flash Gas, in each case, measured and used as fuel by Midstream Co. 1.2 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is further amended by amending and restating clauses (a) and (b) of the defined term "Dedicated Production" to read as follows: "(a) Product owned by Producer or an Affiliate of Producer and produced from a Well within the Dedication Area that is operated by Producer or an Affiliate under the Control of Producer, (b) Reserved,". 1.3 Section 2.3(d) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read: "(d) to pool, communitize or unitize Producer's interests with respect to Dedicated Production". 1.4 Section 2.4(b)(iv) of the Agreement (which appears in the Agreement Terms and Conditions) is amended and restated in its entirety to read: "(iv) Reserved.". 1.5 1.3 Section 3.1(e) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by deleting the sentence that reads as follows "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." and inserting in place thereof the following sentence: "Midstream Co may, in its sole discretion, work with OpCo or any of OpCo's subsidiaries to prepare and deliver a System Plan jointly with such other entity or entities." Amendment 01 – Page 2 Second Amended and Restated Crude Oil Gathering Agreement Green River Crude Oil Gathering Agreement GRMU03-OG 1.6 1.4 Section 3.2 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by inserting the following new clause (e) immediately following clause (d) of such Section 3.2: "(e) Substation and Interconnection Facilities. The obligations of Midstream Co hereunder to design and construct the Individual System and to perform the Services do not include the design or construction of any substation or other interconnecting facilities required to procure electricity for the Individual System. If a substation or any other interconnecting facility is required in order for Midstream Co to perform its obligations hereunder, Midstream Co and Producer shall enter into a separate agreement setting forth each Party's responsibilities in connection therewith, including an allocation of responsibility for all associated costs and expenses." 1.7 Section 6.3(d) 6.3 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read as follows: (d) Other System Fuel. Midstream Co may elect to use Other System Fuel as fuel to operate the Individual System, or to generate electricity for the operation of the Individual System and shall account for any Other System Fuel used by Midstream Co. Section 6.3 Producer, at its sole cost and expense, shall procure all fuel, in addition to Other System Fuel fuel used by Midstream Co, if any, required to operate the Individual System or to generate electricity for the operation of the Individual System and arrange for transportation of such fuel to the Individual System. 1.5 The last row of the chart in Section 7.1(a) of the Agreement Terms and Conditions is hereby amended and restated in its entirety to read as follows: Particulate Size 100 nominal micron 100 nominal micron Amendment 01 – Page 2 Second Amended and Restated Fresh Water Services Agreement Green River Fresh Water Agreement GRMU03-FW 2. Clarification Regarding Second Phase Services. Midstream Co shall have the option to deliver Fresh Water through an Internal Transfer Point as described in the definition of "Services" in the Agreement (which appears in the Agreement Terms and Conditions) or directly to a Delivery Point without transporting Fresh Water through an Internal Transfer Point. The Individual Second Phase Fee shall be equal to zero for any Fresh Water that Midstream Co elects to deliver directly to a Delivery Point without passing through an Internal Transfer Point. View More

Amendment. 1.1 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by amending and restating the following defined terms in their entirety to read as follows: "Facility Segment" means each segment of an Individual System comprised of facilities beginning at a Receipt Point and ending at a Delivery Point. If an Individual System does not contain any such distinct segment, then the term Facility Segment shall be synonymous with Individual System. "Individual S...ystem" means the portion of the System beginning at the Receipt Points and ending at the Delivery Points. The Individual Systems in existence on the Effective Date are more particularly described in writing between Producer and Midstream Co. Additional Individual Systems may be added to the System from time to time in satisfaction of the needs identified by Producer and evidenced in writing between Producer and Midstream Co. "Other System Fuel" means any (a) Gas delivered by Producer to Midstream Co pursuant to a Transaction Document between Producer and Midstream Co related to gas gathering services, or (b) Flash Gas, in each case, measured and used as fuel by Midstream Co. 1.2 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is further amended by amending and restating clauses (a) and (b) of the defined term "Dedicated Production" to read as follows: "(a) Product owned by Producer or an Affiliate of Producer and produced from a Well within the Dedication Area that is operated by Producer or an Affiliate under the Control of Producer, (b) Reserved,". 1.3 Section 2.3(d) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read: "(d) to pool, communitize or unitize Producer's interests with respect to Dedicated Production". 1.4 Section 2.4(b)(iv) of the Agreement (which appears in the Agreement Terms and Conditions) is amended and restated in its entirety to read: "(iv) Reserved.". 1.5 Section 3.1(e) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by deleting the sentence that reads as follows "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." and inserting in place thereof the following sentence: "Midstream Co may, in its sole discretion, work with OpCo or any of OpCo's subsidiaries to prepare and deliver a System Plan jointly with such other entity or entities." Amendment 01 – Page 2 Second Amended and Restated Crude Oil Gathering Agreement Green River Crude Oil Gathering Agreement GRMU03-OG 1.6 Section 3.2 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by inserting the following new clause (e) immediately following clause (d) of such Section 3.2: "(e) Substation and Interconnection Facilities. The obligations of Midstream Co hereunder to design and construct the Individual System and to perform the Services do not include the design or construction of any substation or other interconnecting facilities required to procure electricity for the Individual System. If a substation or any other interconnecting facility is required in order for Midstream Co to perform its obligations Amendment 01 – Page 2 Second Amended and Restated Gas Gathering Agreement Colorado River Gas Gathering Agreement CRWR01-GG hereunder, Midstream Co and Producer shall enter into a separate agreement setting forth each Party's responsibilities in connection therewith, including an allocation of responsibility for all associated costs and expenses." 1.7 2. Confidentiality. Pursuant to Section 6.3(d) 17.11 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended Conditions), the Parties have agreed to treat the information exchanged in connection with and restated in its entirety to read the provisions of the Agreement as follows: (d) Other System Fuel. Midstream Co may elect to use Other System Fuel as fuel to operate confidential. In addition, confidential treatment has been requested with the Individual System, or to generate electricity Securities and Exchange Commission for the operation pricing terms of the Individual System Agreement, and shall account for any Other System Fuel used the Parties agree to take appropriate measures to abide by Midstream Co. Producer, at its sole cost the requirements imposed by the Securities and expense, shall procure all fuel, in addition Exchange Commission to Other System Fuel used by Midstream Co, preserve such confidential treatment, if any, required to operate the Individual System or to generate electricity for the operation of the Individual System and arrange for transportation of such fuel to the Individual System. granted. View More

Amendment. 1.1 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by amending and restating the following defined terms in their entirety to read as follows: "Facility Segment" means each segment of an Individual System comprised of facilities beginning at a Receipt Point and ending at a Delivery Point. If an Individual System does not contain any such distinct segment, then the term Facility Segment shall be synonymous with Individual System. "Individual S...ystem" means the portion of the System beginning at the Receipt Points and ending at the Delivery Points. The Individual Systems in existence on the Effective Date are more particularly described in writing between Producer and Midstream Co. Additional Individual Systems may be added to the System from time to time in satisfaction of the needs identified by Producer and evidenced in writing between Producer and Midstream Co. "Other System Fuel" means any (a) Gas delivered by Producer to Midstream Co pursuant to a Transaction Document between Producer and Midstream Co related to gas gathering services, or (b) Flash Gas, in each case, measured and used as fuel by Midstream Co. 1.2 Section 1.1 of the Agreement (which appears in the Agreement Terms and Conditions) is further amended by amending and restating clauses (a) and (b) of the defined term "Dedicated Production" to read as follows: "(a) Product owned by Producer or an Affiliate of Producer and produced from a Well within the Dedication Area that is operated by Producer or an Affiliate under the Control of Producer, (b) Reserved,". 1.3 Section 2.3(d) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended and restated in its entirety to read: "(d) to pool, communitize or unitize Producer's interests with respect to Dedicated Production". 1.4 Section 2.4(b)(iv) of the Agreement (which appears in the Agreement Terms and Conditions) is amended and restated in its entirety to read: "(iv) Reserved.". 1.5 Section 3.1(e) of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by deleting the sentence that reads as follows "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." and inserting in place thereof the following sentence: "Midstream Co may, in its sole discretion, work with OpCo or any of OpCo's subsidiaries to prepare and deliver a System Plan jointly with such other entity or entities." Amendment 01 – Page 2 Second Amended and Restated Crude Oil Gathering Agreement Green River Crude Oil Gathering Agreement GRMU03-OG 1.6 Section 3.2 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended by inserting the following new clause (e) immediately following clause (d) of such Section 3.2: "(e) Substation and Interconnection Facilities. The obligations of Midstream Co hereunder to design and construct the Individual System and to perform the Services do not include the design or construction of any substation or other interconnecting facilities required to procure electricity for the Individual System. If a substation or any other interconnecting facility is required in order for Midstream Co to perform its obligations Amendment 01 – Page 2 Second Amended and Restated Gas Gathering Agreement Green River Gas Gathering Agreement GRMU03-GG hereunder, Midstream Co and Producer shall enter into a separate agreement setting forth each Party's responsibilities in connection therewith, including an allocation of responsibility for all associated costs and expenses." 1.7 2. Confidentiality. Pursuant to Section 6.3(d) 17.11 of the Agreement (which appears in the Agreement Terms and Conditions) is hereby amended Conditions), the Parties have agreed to treat the information exchanged in connection with and restated in its entirety to read the provisions of the Agreement as follows: (d) Other System Fuel. Midstream Co may elect to use Other System Fuel as fuel to operate confidential. In addition, confidential treatment has been requested with the Individual System, or to generate electricity Securities and Exchange Commission for the operation pricing terms of the Individual System Agreement, and shall account for any Other System Fuel used the Parties agree to take appropriate measures to abide by Midstream Co. Producer, at its sole cost the requirements imposed by the Securities and expense, shall procure all fuel, in addition Exchange Commission to Other System Fuel used by Midstream Co, preserve such confidential treatment, if any, required to operate the Individual System or to generate electricity for the operation of the Individual System and arrange for transportation of such fuel to the Individual System. granted. View More