I will share a small secret – or perhaps, it is not a secret at all. As CLE presentations go, “drafting tip” presentations tend to be very practical in their orientation and are, therefore, more enjoyable and less stressful to prepare than, say, a comprehensive conceptual survey of a complex legal issue (I am currently working on one of those for a program later this fall). And so, when the Planning Committee for the Gas and Power Institute invited me to give this presentation, I was pleased to accept.

Fortunately, in recent times, my practice has given me an opportunity to think about the best way to address many different contract drafting issues that have particular applicability to midstream contracts. For purposes of this presentation, four such issues have been selected. Each section of this paper will identify a particular drafting issue, provide as concise a legal analysis of the issue as possible, and conclude with suggested contract language. Except where expressly indicated otherwise, the discussion will focus on Texas law.

Originally published for the 14th Annual Gas and Power Institute, September 10-11, 2015.