This example Amendment clause appears in
2 contracts
from
1 company
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 that can be operated independently of other Facility Segments. For example, a Facility Segment may begin at a Receipt Point and end at a Retention Facility, begin at a Retention Facility and end at a Delivery 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. 1.2 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.". 1.3 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." 1.4 Section 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: Section 6.3 Producer, at its sole cost and expense, shall procure all 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.View More
