Common use of Adjusted Xxxxxxx Annual Minimum Volume Clause in Contracts

Adjusted Xxxxxxx Annual Minimum Volume. The “Adjusted Xxxxxxx Annual Minimum Volume” shall be determined for each Year in the Minimum Volume Period, solely for purposes of the calculation under Section 4(b) above, as follows: for each such Year the Xxxxxxx Annual Minimum Volume, as shown in Schedule 7, shall be (i) decreased by (w) volumes of Producers’ Gas not delivered in such Year that are attributable to Xxxxxxx Delayed Connections, (x) any Force Majeure Volumes or Maintenance Suspension Volumes not delivered in such Year, (y) the Annual Xxxxxxx Excess Volumes, if any, that are applicable to such Year as provided in Section 4(c) above; and (z) upon any termination of Gatherer’s rights to operate the DFW Gathering System under Section 12.14 of the CHK Agreement, 25% of the remaining DFW PDP Volumes that would have been produced in such Year, and (ii) increased by (x) the volumes of Producers’ Gas attributable to Xxxxxxx Delayed Connections that are connected to a Xxxxxxx Gathering System in such Year, (y) the Force Majeure Volumes credited under clause (i)(y) above after resumption of deliveries on the affected Xxxxxxx Gathering System, and (z) in the last Year of the Minimum Volume Period, any MVC Additional Volume Xxxxx Amount.

Adjusted Xxxxxxx Annual Minimum Volume. The “Adjusted Xxxxxxx Annual Minimum Volume” shall be determined for each Year in the Minimum Volume Period, solely for purposes of the calculation under Section 4(b) above, as follows: for each such Year the Xxxxxxx Annual Minimum Volume, as shown in Schedule 7, shall be (i) decreased by (w) volumes of Producers’ Gas not delivered in such Year that are attributable to Xxxxxxx Delayed Connections, (x) any Force Majeure Volumes or Maintenance Suspension Volumes not delivered in such Year, (y) the Annual Xxxxxxx Excess Volumes, if any, that are applicable to such Year as provided in Section 4(c) above; and (z) upon any termination of Gatherer’s rights to operate the DFW Gathering System under Section 12.14 of the CHK Agreement, 25**% of the remaining DFW PDP Volumes that would have been produced in such Year, and (ii) increased by (x) the volumes of Producers’ Gas attributable to Xxxxxxx Delayed Connections that are connected to a Xxxxxxx Gathering System in such Year, (y) the Force Majeure Volumes credited under clause (i)(y) above after resumption of deliveries on the affected Xxxxxxx Gathering System, and (z) in the last Year of the Minimum Volume Period, any MVC Additional Volume Xxxxx Amount.

Adjusted Xxxxxxx Annual Minimum Volume. The “Adjusted Xxxxxxx Annual Minimum Volume” shall be determined for each Year in the Minimum Volume Period, solely for purposes of the calculation under Section 4(b) above, as follows: for each such Year the Xxxxxxx Annual Minimum Volume, as shown in Schedule 7A6, shall be (i) decreased by (w) volumes of Producers’ Gas not delivered in such Year that are attributable to Xxxxxxx Delayed Connections, (x) any Force Majeure Volumes or Maintenance Suspension Volumes not delivered in such Year, (y) the Annual Xxxxxxx Excess Volumes, if any, that are applicable to such Year as provided in Section 4(c) above; , and (z) upon any termination of Gatherer’s rights to operate the DFW Gathering System under Section 12.14 of the CHK Agreement12.14, 2575% of the any remaining DFW PDP Volumes that would have been produced in such Year, Year and (ii) increased by (x) the volumes of Producers’ Gas attributable to Xxxxxxx Delayed Connections that are connected to a Xxxxxxx Gathering System in such Year, (y) the Force Majeure Volumes credited under clause (i)(y) above after resumption of deliveries on the affected Xxxxxxx Gathering System, and (z) in the last Year of the Minimum Volume Period, any MVC Additional Volume Xxxxx Amount. Notwithstanding the preceding sentence, the Adjusted Xxxxxxx Annual Minimum Volume shall not be determined for the period between the Deemed Start Date and September 30, 2009 and the Xxxxxxx Annual Minimum Volume shall apply to such period for purposes of Section 4(b).

Adjusted Xxxxxxx Annual Minimum Volume. The “Adjusted Xxxxxxx Annual Minimum Volume” shall be determined for each Year in the Minimum Volume Period, solely for purposes of the calculation under Section 4(b) above, as follows: for each such Year the Xxxxxxx Annual Minimum Volume, as shown in Schedule 7A6, shall be (i) decreased by (w) volumes of Producers’ Gas not delivered in such Year that are attributable to Xxxxxxx Delayed Connections, (x) any Force Majeure Volumes or Maintenance Suspension Volumes not delivered in such Year, (y) the Annual Xxxxxxx Excess Volumes, if any, that are applicable to such Year as provided in Section 4(c) above; , and (z) upon any termination of Gatherer’s rights to operate the DFW Gathering System under Section 12.14 of the CHK Agreement12.14, 25**% of the any remaining DFW PDP Volumes that would have been produced in such Year, Year and (ii) increased by (x) the volumes of Producers’ Gas attributable to Xxxxxxx Delayed Connections that are connected to a Xxxxxxx Gathering System in such Year, (y) the Force Majeure Volumes credited under clause (i)(y) above after resumption of deliveries on the affected Xxxxxxx Gathering System, and (z) in the last Year of the Minimum Volume Period, any MVC Additional Volume Xxxxx Amount. Notwithstanding the preceding sentence, the Adjusted Xxxxxxx Annual Minimum Volume shall not be determined for the period between the Deemed Start Date and September 30, 2009 and the Xxxxxxx Annual Minimum Volume shall apply to such period for purposes of Section 4(b).