Common use of Buyer's Gas Requirements Clause in Contracts

Buyer's Gas Requirements. Commencing on the New Service Commencement Date and continuing throughout the Term of this Agreement, Seller shall pay for all natural gas requirements of Buyer, provided, however, that Buyer shall reimburse Seller for the as-delivered cost of all gas quantities delivered to Buyer for use in its kitchen facilities, on a firm basis. Seller shall maintain a separate meter to measure and record gas delivered to Buyer's kitchen facilities. Upon the execution and delivery of this Agreement, Seller shall proceed with due diligence to transfer all natural gas service at Buyer's Facilities to Seller as of the New Service Commencement Date or as soon as practicable thereafter. If Seller is proceeding diligently with such transfer but is unable to effect the same as of the New Service Commencement Date, Buyer agrees to take gas service at such meters in its name and Seller shall reimburse Buyer at cost for all gas service taken in Buyer's name for use in Buyer's Facilities until such time as Seller is able to effect such transfer.

Appears in 3 contracts

Samples: Thermal Energy Service Agreement (Trump Atlantic City Funding Inc), Thermal Energy Service Agreement (Trump Hotels & Casino Resorts Inc), Thermal Energy Service Agreement (Trump Hotels & Casino Resorts Funding Inc)

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Buyer's Gas Requirements. Commencing on the New Service Commencement Date and continuing throughout the Term of this Agreement, Seller shall pay for all natural gas requirements of Buyer, provided, however, that Buyer shall reimburse Seller for the as-delivered cost of all gas quantities delivered to Buyer for use in its kitchen facilities, on a firm basis. Seller shall maintain a separate meter to measure and record gas delivered to Buyer's kitchen facilities. Upon the execution and delivery of this Agreement, Seller shall proceed with due diligence to transfer all natural gas service at Buyer's Facilities to Seller as of the New Service Commencement Date or as soon as practicable thereafter. If Seller is proceeding diligently with such transfer but is unable to effect the same as of the New Service Commencement Date, Buyer agrees to take gas service at such meters in its name and Seller shall reimburse Buyer at cost for all gas service taken in Buyer's name for use in Buyer's Facilities until such time as Seller is able to effect such transfer.

Appears in 1 contract

Samples: Thermal Energy Service Agreement (Trumps Castle Associates Lp)

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