Common use of Buyer’s Gas Clause in Contracts

Buyer’s Gas. During the Delivery Term and subject to Section 3.3(f), Buyer or Buyer’s agent will make Gas available at the Gas Delivery Point as necessary, at Buyer’s expense, for all Scheduled Operations, Scheduled Start-Ups, Scheduled Shut-Downs, and Buyer’s Performance Tests, in each case, as necessary to perform such operations as determined by reference to the most recent Guaranteed Heat Rates or the Gas requirements set forth in Appendix II, as applicable, excluding Gas burned during Failed Starts (cumulatively, “Buyer’s Gas”); provided that the Products produced as a result of such operations are delivered to Buyer. Any Gas used for Scheduled Operations, Scheduled Start-Ups, Scheduled Shut-Downs, and Buyer’s Performance Tests in amounts other than as specified by the most recent Guaranteed Heat Rates or as set forth in Appendix II, as applicable, shall be subject to the provisions of Section 3.3(f) and 3.3(g). During the Delivery Term, Seller shall have the obligation to receive Buyer’s Gas and to use it exclusively for Scheduled Operations, Scheduled Start-Ups, Scheduled Shut-Downs, and Buyer’s Performance Tests, as directed by Buyer. Buyer’s Gas and Additional Gas shall be provided only at the pressure and of the quality available from the interconnecting pipeline or LDC. Buyer is a separate entity from the Gas LDC or transmission provider as described in Section 3.1(f)(ii) and shall not be responsible for pipeline pressure and Gas quality at the Gas Delivery Point. For the avoidance of doubt, if Gas pressure at the Gas Delivery Point is for any reason insufficient to enable Seller to meet its obligations under this Agreement, it is Seller’s responsibility to have available or to install compression downstream of the Gas Delivery Point.

Buyer’s Gas. During the Delivery Services Term and subject to Section 3.3(f), Buyer or Buyer’s agent will make Gas available at the Gas Delivery Point as necessary, at Buyer’s expense, for all Scheduled Operations, Scheduled Start-Ups, Scheduled Shut-Downs, and Seasonal Capacity Tests, Buyer’s Performance Capacity Tests, in each case, as necessary to perform such operations as determined by reference to the most recent Adjusted Guaranteed Heat Rates (or, if no Adjusted Guaranteed Heat Rates have yet been determined pursuant to Section 4.2, the Guaranteed Heat Rates) or the Gas requirements set forth in Appendix II, as applicable, excluding Gas burned during Failed Starts applicable (cumulatively, “Buyer’s Gas”); provided that the Products produced as a result of such operations are delivered provided to BuyerBuyer for its account. Any Gas used for Scheduled Operations, Scheduled Start-Ups, Scheduled Shut-Downs, and Seasonal Capacity Tests or Buyer’s Performance Capacity Tests in amounts other than as specified by the most recent Adjusted Guaranteed Heat Rates (or, if no Adjusted Guaranteed Heat Rates have yet been determined pursuant to Section 4.2, the Guaranteed Heat Rates) or as set forth in Appendix II, as applicable, and shall be subject to the provisions of Section 3.3(f) and 3.3(g3.3(h). During the Delivery Services Term, Seller shall have the obligation to receive Buyer’s Gas and to use it exclusively for Scheduled Operations, Scheduled Start-Ups, Scheduled Shut-Downs, Seasonal Capacity Tests and Buyer’s Performance Capacity Tests, as directed by Buyer. Buyer’s Gas and Additional Gas shall be provided only at the pressure and of the quality available from the interconnecting pipeline or LDC. Buyer is a separate entity from the Gas LDC or transmission provider as described in Section 3.1(f)(ii) and shall not be responsible for pipeline pressure and Gas quality at the Gas Delivery Point. For the avoidance of doubt, if Gas pressure at the Gas Delivery Point is for any reason insufficient to enable Seller to meet its obligations under this Agreement, it is Seller’s responsibility to have available or to install compression downstream of the Gas Delivery Point.

Buyer’s Gas. During the Delivery Term and subject to Section 3.3(f), Buyer or Buyer’s agent will make Gas available at the Gas Delivery Point as necessary, at Buyer’s expense, for all Scheduled Operations, Scheduled Start-Ups, Scheduled Shut-Downs, and Buyer’s Performance Tests, in each case, as necessary to perform such operations as determined by reference to the most recent Guaranteed Heat Rates or the Gas requirements set forth in Appendix II, as applicable, excluding Gas burned during Failed Starts (cumulatively, “Buyer’s Gas”); provided that the Products produced as a result of such operations are delivered to Buyer. Any Gas used for Scheduled Operations, Scheduled Start-Ups, Scheduled Shut-Downs, and Buyer’s Performance Tests in amounts other than as specified by the most recent Guaranteed Heat Rates or as set forth in Appendix II, as applicable, shall be subject to the provisions of Section 3.3(f) and 3.3(g). During the Delivery Term, Seller shall have the obligation to receive Buyer’s Gas and to use it exclusively for Scheduled Operations, Scheduled Start-Ups, Scheduled Shut-Downs, and BuyerXxxxx’s Performance Tests, as directed by BuyerXxxxx. Buyer’s Gas and Additional Gas shall be provided only at the pressure and of the quality available from the interconnecting pipeline or LDC. Buyer is a separate entity from the Gas LDC or transmission provider as described in Section 3.1(f)(ii) and shall not be responsible for pipeline pressure and Gas quality at the Gas Delivery Point. For the avoidance of doubt, if Gas pressure at the Gas Delivery Point is for any reason insufficient to enable Seller to meet its obligations under this Agreement, it is Seller’s responsibility to have available or to install compression downstream of the Gas Delivery Point.