Amendment Contract Clauses (38,106)

Amendment. Neither this Agreement nor any term hereof may be changed, amended, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the change, such amendment, waiver, discharge or termination is sought.

Amendment. Neither this Agreement nor any term hereof may be changed, amended, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the change, such amendment, waiver, discharge or termination is sought.

Amendment. Neither this Agreement nor any term hereof may be changed, amended, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the change, such amendment, waiver, discharge or termination is sought.

Amendment. Neither this Agreement nor any term hereof may be changed, amended, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the change, such amendment, waiver, discharge or termination is sought.

Amendment. Neither this Agreement nor any term hereof may be changed, amended, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the change, such amendment, waiver, discharge or termination is sought.

Amendment. Neither this Agreement nor any term hereof may be changed, amended, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the change, such amendment, waiver, discharge or termination is sought.

Amendment. No amendment, modification, amendment or waiver of any provision of this Note nor Note, or consent to any departure by the Borrower therefrom therefrom, shall in any event be effective unless the same shall be in writing and signed by the Lender Borrower and the Lender, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Amendment. No amendment, modification, amendment or waiver of any provision of this Note nor Agreement, or consent to any departure by Borrower therefrom either party from any such provision, shall in any event be effective unless the same shall be in writing and signed by the Lender parties to this Agreement and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Amendment. No amendment, modification, modification or waiver of any provision of this Note nor consent to any departure by Borrower the Company therefrom shall be effective effective, irrespective of any course of dealing, unless the same shall be in writing and signed by the Lender Company and the Holder, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Amendment. No amendment, modification, amendment or waiver of any provision of this Note nor Note, or consent to any departure by the Borrower therefrom therefrom, shall in any event be effective unless the same shall be in writing and signed by the Lender Borrower and the Lender, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Amendment. No amendment, modification, amendment or waiver of any provision of this Note nor Agreement, or consent to any departure by Borrower therefrom either party from any such provision, shall in any event be effective unless the same shall be in writing and signed by the Lender parties to this Agreement and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Amendment. No amendment, modification, modification or waiver of any provision of this Note nor consent to any departure by Borrower the Company therefrom shall be effective effective, irrespective of any course of dealing, unless the same shall be in writing and signed by the Lender Company and the Holder, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Amendment. Amendments without Consent (a) Without the consent of Holders. (a) any Holders or the CVR Representative, Parent, when authorized by a Board Resolution, at any time and from time to time, and the Rights Agent may enter into one or more amendments hereto, solely to evidence any successor to or permitted assignee of Parent and the assumption by any such successor or permitted assignee of the covenants of Parent herein as provided in Section 7.3. (b) Without the consent of any Holders, Parent, when authorized by a Board Resolution, and the Rights Agent, in the Rights Agent's sole and absolute discretion, at any time and from time to time, may enter into one or more amendments hereto, solely for any of the following purposes: (i) to evidence the succession of another person to Parent and the assumption by any such successor of the covenants of Parent herein; provided that such succession and assumption is in accordance with the terms of this Agreement; (ii) to evidence the succession of another Person as a successor Rights Agent in accordance with Section 3 and the assumption by any such successor of the covenants and obligations of the Rights Agent herein; provided that such succession and assumption is in accordance with the terms of this Agreement; (iii) 12 (ii) to add to the covenants of Parent such further covenants, restrictions, conditions or provisions as Parent shall and the Rights Agent consider to be for the protection of the Holders; provided that, in each case, such provisions do not adversely affect the interests of the Holders; (iv) (iii) to cure any ambiguity, to correct or supplement any provision herein that may be defective or inconsistent with any other provision herein or in the Merger Agreement, herein, or to make any other provisions with respect to matters or questions arising under this Agreement; provided that, in each case, such provisions do not adversely affect the interests of the Holders; (v) (iv) as may be necessary or appropriate to ensure that the CVRs are not subject to registration under the Securities Act, Act or the Exchange Act or any applicable state securities or "blue sky" laws; Act; provided that, in each case, such provisions shall do not adversely affect the interests of the Holders; (vi) to evidence or (v) any other amendments hereto for the assignment purpose of adding, eliminating or changing any provisions of this Agreement by Parent as provided in Section 7.3; Agreement, unless such addition, elimination or (vii) as may be necessary or appropriate to ensure that the Company complies with applicable law. In addition change is adverse to the foregoing, upon the request of Parent, the Rights Agent hereby agrees to enter into one or more amendments hereto to evidence the succession of another person as a successor Rights Agent in accordance with the terms of this Agreement and the assumption by any successor interests of the covenants and obligations of such Rights Agent herein, without modification of such covenants Holders or obligations other than as permitted by this Section 5.1. 12 (b) Without the consent of any Holders, Parent and the Rights Agent, at any time and from time to time, may enter into one or more amendments hereto to reduce the number of CVRs, in the event any Holder agrees to renounce such Holder's rights under this Agreement in accordance with Section 7.4 or to transfer CVRs to Parent pursuant to Section 2.10. CVR Representative. (c) Promptly after the execution by Parent and the Rights Agent of any amendment pursuant to the provisions of this Section 5.1, Parent shall will mail (or cause the Rights Agent to mail) a notice thereof through the facilities of DTC in accordance with DTC's procedures and/or by first class mail to the Holders at their addresses as they appear on the CVR Register, setting forth in general terms the substance of such amendment. 5.2. 5.2 Amendments with Consent of Holders. (a) Subject to Section 5.1 (which amendments pursuant to Section 5.1 may be made without the consent of any Holder), the Holders), with the written consent of the Holders of not less than a majority of the outstanding CVRs as set forth in the CVR Register, then-outstanding CVRs, whether evidenced in writing or taken at a meeting of the Holders, Parent CVR Representative, Parent, when authorized by a Board Resolution, and the Rights Agent may enter into one or more amendments hereto for the purpose of adding, eliminating or changing any provisions of this Agreement, even if such addition, elimination or change is materially adverse to the interest of the Holders. Parent and the Rights Agent agree to fully cooperate with the CVR Representative in soliciting and obtaining the consent of the Holders of not less than a majority of the then-outstanding CVRs as required hereunder. (b) Promptly after the execution by Parent Parent, the CVR Representative and the Rights Agent of any amendment pursuant to the provisions of this Section 5.2, Parent shall will mail (or cause the Rights Agent to mail) a notice thereof through the facilities of DTC in accordance with DTC's procedures and/or by first class mail to the Holders at their addresses as they appear on the CVR Register, setting forth in general terms the substance of such amendment. 5.3. 5.3 Execution of Amendments. Prior to In executing any amendment permitted by this Section 5, the Rights Agent shall will be entitled to receive, and shall will be fully protected in relying upon, an opinion of counsel selected by Parent and reasonably acceptable to Rights Agent stating that the execution of such amendment is authorized or permitted by this Agreement. 5.4. The Rights Agent may, but is not obligated to, enter into any such amendment that affects the Rights Agent's own rights, privileges, covenants or duties under this Agreement or otherwise. No supplement or amendment to this Agreement shall be effective unless duly executed by the Rights Agent. 13 5.4 Effect of Amendments. Upon the execution of any amendment under this Section 5, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby. View More

Amendment. Amendments without Consent of Holders. (a) Without the consent of any Holders, Parent, The Company, at any time and from time to time, may (without the consent of any Person, other than the Rights Agent with such consent not to be unreasonably withheld, conditioned or delayed) enter into one or more amendments hereto, to this Agreement for any of the following purposes: (i) to evidence the succession of another person to Parent and the assumption by any such successor of the covenants of Parent... herein; provided that such succession and assumption is in accordance with the terms of this Agreement; (ii) to evidence the succession appointment of another Person as a successor Rights Agent and the assumption by any such successor Rights Agent of the covenants and obligations of the Rights Agent herein; provided that such succession and assumption is herein in accordance with the terms provisions hereof; 17 (ii) subject to Section 6.3, to evidence the succession of this Agreement; another person to the Company and the assumption of any such successor of the covenants of the Company outlined herein in a transaction contemplated by Section 6.3; (iii) to add to the covenants of Parent the Company such further covenants, restrictions, conditions or provisions as Parent shall the Company and the Rights Agent will consider to be for the protection and benefit of the Holders; provided that, that in each case, such provisions do not adversely affect the interests of the Holders; (iv) to cure any ambiguity, to correct or supplement any provision herein in this Agreement that may be defective or inconsistent with any other provision herein or in the Merger this Agreement, or to make any other provisions with respect to matters or questions arising under this Agreement; provided that, in each case, such provisions do not adversely affect the interests of the Holders; (v) as may be necessary or appropriate to ensure that the CVRs are not subject to registration under the Securities Act, Act or the Exchange Act and the rules and regulations promulgated thereunder, or any applicable state securities or "blue sky" laws; provided that, (vi) as may be necessary or appropriate to ensure that the Company is not required to produce a prospectus or an admission document in order to comply with applicable Law; (vii) to cancel the CVRs (i) in the event that any Holder has abandoned its rights in accordance with Section 2.6 or (ii) following a transfer of such provisions shall not adversely affect CVRs to the interests of the Holders; (vi) to evidence the assignment of this Agreement by Parent as provided Company or its subsidiaries in accordance with Section 7.3; 2.2 or (vii) Section 2.3; (viii) as may be necessary or appropriate to ensure that the Company complies with applicable law. In addition Law; or (ix) to the foregoing, upon the request of Parent, the Rights Agent hereby agrees effect any other amendment to enter into one or more amendments hereto to evidence the succession of another person as a successor Rights Agent in accordance with the terms of this Agreement and the assumption by any successor of the covenants and obligations of such Rights Agent herein, without modification of such covenants or obligations other than as permitted by this Section 5.1. 12 (b) Without the consent of any Holders, Parent and the Rights Agent, at any time and from time to time, may enter into one or more amendments hereto to reduce the number of CVRs, in the event any Holder agrees to renounce such Holder's rights under this Agreement in accordance with Section 7.4 or to transfer CVRs to Parent pursuant to Section 2.10. (c) Promptly after the execution by Parent and the Rights Agent of any amendment pursuant to the provisions of this Section 5.1, Parent shall mail (or cause the Rights Agent to mail) a notice thereof through the facilities of DTC in accordance with DTC's procedures and/or by first class mail to the Holders at their addresses as they appear on the CVR Register, setting forth such amendment. 5.2. Amendments with Consent of Holders. (a) Subject to Section 5.1 (which amendments pursuant to Section 5.1 may be made without the consent of any Holder), with the written consent of the Holders of not less than a majority of the outstanding CVRs as set forth in the CVR Register, whether evidenced in writing or taken at a meeting of the Holders, Parent and the Rights Agent may enter into one or more amendments hereto for the purpose of adding, eliminating or changing any provisions of this Agreement, even if Agreements, provided that, in each case, such addition, elimination additions, eliminations or change is changes do not materially adverse to adversely affect the interest interests of the Holders. (b) Promptly after the execution by Parent the Company of any amendment pursuant to this Section 5.1, the Company will (or will cause the Rights Agent to) notify the Holders in general terms of the substance of such amendment in accordance with Section 6.2. 6.2 Amendments with Consent of Holders. (a) In addition to any amendments to this Agreement that may be made by the Company without the consent of any Holder pursuant to Section 5.1, with the consent of the Holder Representative, the Company and the Rights Agent may enter into one or more amendments to this Agreement for the purpose of adding, eliminating or amending any provisions of this Agreement, even if such addition, elimination or amendment is adverse to the interests of the Holders. 18 (b) Promptly after the execution by the Company and the Rights Agent of any amendment pursuant to the provisions of this Section 5.2, Parent shall mail the Company will (or will cause the Rights Agent to mail) a notice thereof through to) notify the facilities Holders in general terms of DTC the substance of such amendment in accordance with DTC's procedures and/or by first class mail to the Holders at their addresses as they appear on the CVR Register, setting forth such amendment. 5.3. Execution of Amendments. Prior to executing any amendment permitted by this Section 5, the Rights Agent shall be entitled to receive, and shall be fully protected in relying upon, an opinion of counsel selected by Parent and reasonably acceptable to Rights Agent stating that the execution of such amendment is authorized or permitted by this Agreement. 5.4. 6.2. 6.3 Effect of Amendments. Upon the execution of any amendment under this Section 5, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby. Upon the delivery of a certificate from an appropriate officer of the Company which states that the proposed supplement or amendment is in compliance with the terms of this Section 5, the Rights Agent shall execute such supplement or amendment. Notwithstanding anything in this Agreement to the contrary, the Rights Agent shall not be required to execute any supplement or amendment to this Agreement that it has determined would adversely affect its own rights, duties, obligations or immunities under this Agreement. No supplement or amendment to this Agreement shall be effective unless duly executed by the Rights Agent. View More

Amendment. Amendments without Consent of Holders. (a) Without the consent of any Holders, Parent, Parent and the Rights Agent, at any time and from time to time, may enter into one or more amendments hereto, for any of the following purposes: (i) subject to evidence the succession of another person to Parent and the assumption by any such successor of the covenants of Parent herein; provided that such succession and assumption is in accordance with the terms of this Agreement; (ii) Section 3.3(d), to... evidence the succession of another Person as a successor Rights Agent and the assumption by any such successor of the covenants and obligations of the Rights Agent herein; provided that such succession and assumption is in accordance with the terms of this Agreement; (iii) (ii) to add to the covenants of Parent such further covenants, restrictions, conditions or provisions as Parent shall consider to be for the protection of the Holders; provided that, in each case, such provisions do not adversely affect the interests of the Holders; (iv) (iii) to cure any ambiguity, to correct or supplement any provision herein that may be defective or inconsistent with any other provision herein or in the Merger Agreement, or to make any other provisions with respect to matters or questions arising under this Agreement; provided that, in each case, such provisions do not adversely affect the interests of the Holders; (v) (iv) as may be necessary or appropriate to ensure that the CVRs are not subject to registration under the Securities Act, the Exchange Act or any applicable state securities or "blue sky" laws; provided that, such provisions shall not adversely affect the interests of the Holders; (vi) (v) to evidence the assignment of this Agreement by Parent as provided in Section 7.3; or (vii) as may be necessary (vi) any other amendments hereto for the purpose of adding, eliminating or appropriate to ensure that the Company complies with applicable law. In addition changing any provisions of this Agreement, unless such addition, elimination or change is adverse to the foregoing, upon the request of Parent, the Rights Agent hereby agrees to enter into one or more amendments hereto to evidence the succession of another person as a successor Rights Agent in accordance with the terms of this Agreement and the assumption by any successor interests of the covenants and obligations of such Rights Agent herein, without modification of such covenants or obligations other than as permitted by this Section 5.1. 12 Holders. (b) Without the consent of any Holders, Parent and the Rights Agent, at any time and from time to time, may enter into one or more amendments hereto to reduce the number of CVRs, in the event any Holder agrees to renounce such Holder's rights under this Agreement in accordance with Section 7.4 or to transfer CVRs to Parent pursuant to Section 2.10. 2.6. (c) Promptly after the execution by Parent and the Rights Agent of any amendment pursuant to the provisions of this Section 5.1, Parent shall mail (or cause the Rights Agent to mail) a notice thereof through the facilities of DTC in accordance with DTC's procedures and/or by first class mail to the Holders at their addresses as they appear on the CVR Register, setting forth such amendment. 5.2. Amendments with Consent of Holders. (a) Subject to Section 5.1 (which amendments pursuant to Section 5.1 may be made without the consent of any Holder), with the written consent of the Holders of not less than a majority of the outstanding CVRs as set forth in the CVR Register, whether evidenced in writing or taken at a meeting of the Holders, Parent and the Rights Agent may enter into one or more amendments hereto for the purpose of adding, eliminating or changing any provisions of this Agreement, even if such addition, elimination or change is materially adverse to the interest of the Holders. (b) Promptly after the execution by Parent and the Rights Agent of any amendment pursuant to the provisions of this Section 5.2, Parent shall mail (or cause the Rights Agent to mail) a notice thereof through the facilities of DTC in accordance with DTC's procedures and/or by first class mail to the Holders at their addresses as they appear on the CVR Register, setting forth such amendment. 5.3. Execution of Amendments. Prior to executing any amendment permitted by this Section 5, the Rights Agent shall be entitled to receive, and shall be fully protected in relying upon, an opinion of counsel selected by Parent and reasonably acceptable to Rights Agent stating that the execution of such amendment is authorized or permitted by this Agreement. 5.4. Effect of Amendments. Upon the execution of any amendment under this Section 5, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby. View More

Amendment. (a) New Definitions. Section 1.01 of the Financing Agreement is hereby amended by adding the following definitions, in appropriate alphabetical order: (i) ""Amendment No. 10" 3" means Amendment No. 10 3 to Financing Agreement, dated as of May 27, 2022, 1, 2020, by and among the Loan Parties, the Administrative Agent and the Lenders." (ii)""Amendment (ii) ""Amendment No. 10 3 Effective Date" means the "Amendment Effective Date" as set forth in Amendment No.

Amendment. No provision of this Amendment Agreement may be amended other than by an instrument in writing signed by the Company and the Required Holders. Holder.

Amendment. No provision of this Amendment Agreement Waiver may be amended other than by an instrument in writing signed by the Company and the Required Holders.

Amendment. No provision of this Amendment Agreement may be amended other than by an instrument in writing signed by the Company and the Required Holders. Investor.

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... 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 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. No provision of this Amendment Agreement may be amended other than by an instrument in writing signed by the Company and the Required Holders. Holder.

Amendment. No provision of this Amendment Agreement Waiver may be amended other than by an instrument in writing signed by the Company and the Required Holders.

Amendment. No provision of this Amendment Agreement may be amended other than by an instrument in writing signed by the Company and the Required Holders. Investor.

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... 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 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