Producer Commitments. Subject to the terms and conditions of the Agreement, Producer has covenanted and committed # to exclusively use Fresh Water made available by [[AW:Organization]] to Producer under the Agreement for use in Producer’s hydraulic fracturing operations for all Wells operated by Producer on the Oil and Gas Interests now owned or hereafter acquired by Producer and located wholly or partly within the area described in Exhibit A hereto (the “Service Area”) or pooled, unitized or communitized with Oil and Gas Interests located wholly or partly within the Service Area (the “Service Area Properties”) and # to utilize [[AW:Organization]] for the performance of the Waste Water Services for all Produced Water produced from each Well operated by Producer on the Service Area Properties and attributable to either # Producer’s interest in such Well or # the interest of non-operating parties in such Well, to the extent that Producer (as operator) has the right to dispose of, and is responsible for the disposition of, such Produced Water, and for all Other Waste Water that is generated from Producer’s operations at Well Pads or that collects at the Well Pads or on Producer’s property adjacent to the Well Pads (the foregoing covenant and commitment being herein referred to as the “Commitment”). “Waste Water Services” includes gathering, collecting, trucking, treatment, recycling, sales for re-use, disposal, or other disposition.

Section # Producer Commitments. Subject to the terms and conditions of this Agreement, including [Section 2.2] and [Section 2.3], during the term of this Agreement Producer covenants and commits # to exclusively use Fresh Water made available by [[AW:Organization]] to Producer under this Agreement for use in its hydraulic fracturing operations for all Wells operated by Producer and # to exclusively utilize [[AW:Organization]] for the performance of the Waste Water Services for all Attributable Produced Water, as and when produced, and all Other Waste Water.

Conflicting Commitment. Any agreement, commitment or arrangement that would require Producer to use Fresh Water delivered by any Person other than [[AW:Organization]] to a Well in Producer’s hydraulic fracturing operations on such Well or to deliver Attributable Produced Water or Other Waste Water to any Person other than [[AW:Organization]] for gathering, collection, transportation, processing, treatment, recycling, re-sale, or other disposal or disposition.