There is a very simple answer to the following nonsense:
But not ONE mention of Kinder Morgan? "Testing" get four mentions in the whole piece, BUT Not ONE mention of THE crucial testing that would have made the AOT PROVEN? Not even that it has started? Stopped? The thing is full of name dropping but NOT KINDER MORGAN?
The NDA precludes QSEP from mentioning Kinder Morgan's actual name in anything except SEC required documents without mutual consent. QSEP is not even allowed to acknowledge the existence of an agreement with Kinder Morgan except in SEC documents where that disclosure is required.
1. Confidentiality. As used herein, (i) “Discloser” means any Confidential Information disclosed by either Party to the other Party; (ii) “Recipient” means any Confidential Information received by either Party from the other Party; and (iii) “Confidential Information” means any and all proprietary and non-public information regarding the Transaction or concerning the Discloser (whether prepared by the Discloser, its advisors or otherwise and irrespective of the form of communication) furnished to Recipient or to its officers, directors, members, partners, employees, affiliates, attorneys, agents, consultants, assigns, joint ventures, developers, vendors, investors, researchers, representatives or other similarly situated persons (collectively, “Representatives”) now or in the future by or on behalf of the Discloser, including but not limited to documents and information, oral or written, tangible or intangible, electronic or otherwise, generated or collected by Recipient which contain, reflect or are derived from any other Confidential Information furnished by or on behalf of the Discloser. Confidential Information shall include, without limitation, feature and technical specifications, transportation service proposals, draft transportation agreements, drawings, data, designs, computer programs, patent applications, documentation, marketing forecasts, research and development, financial data, consumer data, product data, study data, test results, or other technical or business information. The fact that the Parties have entered into this Agreement and are engaged in discussions with respect to the Transaction shall be considered Confidential Information. Confidential Information does not include (i) information which is or becomes generally known other than as a result of disclosure hereunder, (ii) information which was within Recipient’s knowledge prior to its being furnished to Recipient or its Representatives by or on behalf of the Discloser, provided that Recipient is not aware of the source of such information being bound by a confidentiality or nondisclosure agreement with the Discloser with respect to such information, (iii) information which lawfully becomes available to a Recipient or its Representatives on a non-confidential basis from a source other than Discloser, provided that such source is not bound by a confidentiality agreement with the Discloser known to the Recipient or otherwise prohibited from transmitting the information to the Recipient by a contractual, legal or fiduciary obligation known to the Recipient; or (iv) information which is independently developed by a Recipient or its Representatives without use of the Confidential Information or breach of this Agreement.
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Instead QSEP has used the non specific description of "a deployment on a condensate line serving the Eagle Ford in South Texas" or other such terminology in their PR pieces. From the SEC documents we know that the Kinder Morgan test was likely to take place on the Sweeney Lateral Extension Pipeline serving the Eagle Ford in South Texas.
Most shareholders know that this is a reference to the Kinder Morgan test:
Our ongoing deployment of a customized AOT system on a condensate line and the well-documented efficiencies it is bringing to the movement of ultralight feedstock, a category of crude oil that is currently just under 18% of all U.S. output, is evidence of the versatility of our technology.
AI
