Other Commitments. Except as otherwise agreed, it is further understood that Institute and the personnel performing the Research Collaboration may be or become involved in other activities and projects which entail commitments to other Third Parties (“Other Work”). The Principal Investigator and the personnel performing the Research Collaboration will use Commercially Reasonable Efforts to progress the Research Collaboration in accordance with terms of the Development Plan, including any timelines set forth therein. Institute and the personnel performing the Research Collaboration will each use their best efforts to avoid conflicts with the terms and obligations of this Agreement. The Principal Investigator will provide Atara with written notice as soon as practicable if he becomes aware of a conflict or potential conflict that may materially impose upon his ability to perform activities under the Development Plan and this Agreement. Nothing in this Agreement shall be construed to limit the freedom of Institute, or their researchers who are not participants in the Research Collaboration under this Agreement, from engaging in Other Work made under other agreements with other parties than Atara. Notwithstanding the foregoing, Institute and the Principal Investigator shall use all reasonable efforts to distinguish the research performed in connection with the Research Collaboration under this Agreement from all Other Work, and shall keep records pertaining to such Other Work separately from the records to be maintained pursuant to Article 8.

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.

OPERATIONAL COMMITMENTS. As an inducement and consideration for Contractor to amend the Agreement as provided for in Sections 5 “Access Rights;Transloading Rights; Additional Facilities” and 6 “[Exhibit 1]” of this Amendment 1, Company agrees to use Solaris Oilfield Site Services Operating, LLC, an affiliate of Contractor,for Company’s well site proppant storage commitments as specified in [Schedule A] of the commercial terms ​. Such rentals and commitments will be governed by the Master Service and Supply Agreement for Exploration and Production ​, including any work orders issued thereunder, between Company and Solaris Oilfield Site Services Operating, LLC. In the event Company breaches this Section 4, the amendments in Sections 5 “Access Rights;Transloading Rights; Additional Facilities” and 6 “[Exhibit 1]” below shall be subject to revision at the reasonable discretion of Contractor, which does not hinder Company from fulfilling its obligations under Section 7 “[Exhibit 2]”. For the avoidance of doubt, each of Company and Contractor agree that ​ shall be sufficient to allow Company to fulfill its obligations under Section 7 “[Exhibit 2]”; however, Contractor may, in its sole discretion, agree to provide Company with more storage.

During the Agreement Effective Period, each Consenting Stakeholder agrees, in respect of all of its Company Claims/Interests, to:

Affirmative Commitments. Except as set forth in Section 8, during the Agreement Effective Period, the Company Parties agree to:

Cash Commitments. Subject to the terms and conditions set forth herein, the aggregate cash Capital Contributions committed by Bayer to the capital of the Company is $56,000,000 (the “Bayer Cash Commitment”). The Bayer Cash Commitment will be payable as Cash Injections in immediately available funds (in US dollars) pursuant to wire transfer instructions provided to Bayer prior to the applicable Funding Date. Subject to the terms and conditions set forth herein, the Company will provide Bayer a written invoice, including the due date for and the amount of any Cash Injection required to be made to the Company hereunder, together with the wire instructions for such Cash Injection (it being acknowledged that the financial institution to which such Cash Injection will be transmitted will be the bank account of the Company, which financial institution will be reasonably acceptable Bayer), prior to the Closing Date (for the Initial Cash Injection) and at least ​ in advance of the due date of any other Cash Injection.

Revolving Commitments. Subject to the terms and conditions of this Agreement, each Lender hereby agrees, severally and not jointly, to make revolving loans from time to time, but not more frequently than once per week (unless otherwise agreed to in advance in writing by the Majority Lenders), to the Borrower in an aggregate principal amount that will not result in # such Lender’s Revolving Credit Exposure exceeding such Lender’s Commitment or # the total Revolving Credit Exposures exceeding the total Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, repay and reborrow the DIP Loans.

Pension Commitments. By no later than 15 November 2018 (thereby understood that Seller tries to deliver until 31 October, 2018), the Seller has delivered to the Purchaser an updated version of the two pension actuarial reports (relating to the Company and Keymile Networks GmbH) as referred to in [Exhibit 9.13].6 updated as of the Effective Date and on the basis of US GAAP principles.

Aggregate Final Adjustment Amount. Upon determination of the Final Working Capital, the Final Cash Amount, the Final Working Gas Value, and the Final Derivatives Value in accordance with [Section 2.4(b)]:

“Aggregate Revolving Commitments” means the sum of the Revolving Commitments (including the Aggregate Bridge Commitments) of all Revolving Lenders. As of the ClosingThird Amendment Effective Date, the Aggregate Revolving Commitments are $3,151,000,000,000. For the avoidance of doubt, on the Bridge Commitment Termination Date the Aggregate Revolving Commitments shall be automatically reduced by the aggregate amount of Aggregate Bridge Commitments.