Common use of BALANCING OF VOLUMES Clause in Contracts

BALANCING OF VOLUMES. The volume of gas received on a daily basis for Xxxxx's account may not equal the volume, less shrinkage, delivered to the Buyer. The result will be deemed an imbalance. Xxxxx's account will be reviewed at the end of each month, or on termination of Transportation Service, or curtailment or discontinuance thereof. If the net imbalance is such that the Buyer has received more gas than was delivered to the Seller during the period under review, Buyer shall be billed for such excess at the Base Rate as specified in the Service Agreement which provides for standby service. If the net imbalance is such that the Buyer has received less gas than was delivered to the Seller, the Seller will buy excess gas at Seller's lowest delivered purchase price in that month from any of Seller's suppliers. POSSESSION OF GAS After Buyer delivers gas or causes gas to be delivered to Seller at the point(s) of receipt hereunder, Xxxxxx shall be deemed to be in control and possession of the gas until it is redelivered to Buyer at the point of delivery. Buyer shall have no responsibility with respect to any gas deliverable by Seller or on account of anything which may be done, happen or arise, with respect to such gas until Seller delivers such gas to Buyer or for the account of Buyer. Seller shall have no responsibility with respect to such gas before Buyer delivers such gas to Seller or after Seller redelivers such gas to Buyer or on account of anything which may be done, happen or arise with respect to such gas before such delivery or after such redelivery.

Appears in 2 contracts

Samples: Contract for Natural Gas Service, Contract for Natural Gas Service

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BALANCING OF VOLUMES. The volume of gas received on a daily basis for XxxxxBuyer's account may not equal the volume, less shrinkage, delivered to the Buyer. The result will be deemed an imbalance. XxxxxBuyer's account will be reviewed at the end of each month, or on termination of Transportation Service, or curtailment curtaihnent or discontinuance thereof. thereof If the net imbalance is such that the Buyer has received more gas than was delivered to the Seller during the period under review, Buyer shall be billed for such excess at the Base Rate as specified in the Service Agreement which provides for standby service. If the net imbalance is such that the Buyer has received less gas than was delivered to the Seller, the Seller will buy excess gas at Seller's lowest delivered purchase price in that month from any of Seller's suppliers. POSSESSION OF GAS After Buyer delivers gas or causes gas to be delivered to Seller at the point(s) of receipt hereunder, Xxxxxx Seller shall be deemed to be in control and possession of the gas until it is redelivered to Buyer at the point of delivery. Buyer shall have no responsibility with respect to any gas deliverable by Seller or on account of anything which may be done, happen or arise, with respect to such gas until Seller delivers such gas to Buyer or for the account of Buyer. Seller shall have no responsibility with respect to such gas before Buyer delivers such gas to Seller or after Seller redelivers such gas to Buyer or on account of anything which may be done, happen or arise with respect to such gas before such delivery or after such redelivery.

Appears in 1 contract

Samples: Service Agreement and Transportation Agreement

BALANCING OF VOLUMES. The volume of gas received on a daily basis for Xxxxx's account may not equal the volume, less shrinkage, delivered to the Buyer. The result will be deemed an imbalance. Xxxxx's account will be reviewed at the end of each month, or on termination of Transportation Service, or curtailment or discontinuance thereof. If the Ifthe net imbalance is such that the Buyer has received more gas than was delivered to the Seller during the period under review, Buyer shall be billed for such excess at the Base Rate as specified in the Service Agreement which provides for standby service. If the net imbalance is such that the Buyer has received less gas than was delivered to the Seller, the Seller will buy excess gas at Seller's lowest delivered purchase price in that month from any of Seller's suppliers. Daily volumes transported by Seller shall not exceed the Contract Maximum Daily Quantity specified in Paragraph 2, DAILY DELIVERIES. In the event a daily volume POSSESSION OF GAS After Buyer delivers gas or causes gas to be delivered to Seller at the point(s) of receipt hereunder, Xxxxxx shall be deemed to be in control and possession of the gas until it is redelivered to Buyer at the point of delivery. Buyer shall have no responsibility with respect to any gas deliverable by Seller or on account of anything which may be done, happen or arise, with respect to such gas until Seller delivers such gas to Buyer or for the account of Buyer. Seller shall have no responsibility with respect to such gas before Buyer delivers such gas to Seller or after Seller redelivers such gas to Buyer or on account of anything which may be done, happen or arise with respect to such gas before such delivery or after such redelivery.

Appears in 1 contract

Samples: Contract for Natural Gas Service

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BALANCING OF VOLUMES. The volume of gas received on a daily basis for Xxxxx's account may not equal the volume, less shrinkage, delivered to the Buyer. The result will be deemed an imbalance. Xxxxx's account will be reviewed at the end of each month, or on termination of Transportation Service, or curtailment or discontinuance thereof. If the net imbalance is such that the Buyer has received more gas than was delivered to the Seller during the period under review, Buyer shall be billed for such excess at the Base Rate as specified in the Service Agreement which provides for standby service. If the net imbalance is such that the Buyer has received less gas than was delivered to the Seller, the Seller will buy excess gas at Seller's lowest delivered purchase price in that month from any of Seller's suppliers. POSSESSION OF GAS After Buyer delivers gas or causes gas to be delivered to Seller at the point(s) of receipt hereunder, Xxxxxx shall be deemed to be in control and possession of the gas until it is redelivered to Buyer at the point of delivery. Buyer shall have no responsibility with respect to any gas deliverable by Seller or on account of anything which may be done, happen or arise, with respect to such gas until Seller delivers such gas to Buyer or for the account of Buyer. Seller shall have no responsibility with respect to such gas before Buyer delivers such gas to Seller or after Seller redelivers such gas to Buyer or on account of anything which may be done, happen or arise with respect to such gas before such delivery or after such redelivery. The Buyer warrants for itself, its successors and assigns, that it will at the time of delivery to Seller for transportation have good and merchantable title to all gas so delivered free and clear of all liens, encumbrances and claims whatsoever. Buyer will indemnify Seller and save it harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses arising from or out of adverse claims of any or all persons to said gas, including claims for any royalties, taxes, license fees or charges applicable to such gas or to the delivery thereof to Seller for transportation.

Appears in 1 contract

Samples: Contract for Natural Gas Service

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