Common use of Correction of Imbalances, Cashouts and Penalties Clause in Contracts

Correction of Imbalances, Cashouts and Penalties. A. Differences between Scheduled quantities and actual quantities delivered and received hereunder ("Imbalances") will be corrected or settled in cash or Gas as the Parties agree. In the event of (i) an Imbalance on Buyer's Transporter's system caused by Seller or Seller's Transporter's delivery of less or more than the Scheduled quantity for any Gas Day (in which case Seller shall be the "Responsible Party") or (ii) an Imbalance on Seller's Transporter's system caused by Buyer or Buyer's Transporter's receipt of more or less than the Scheduled quantity for any Gas Day (in which case Buyer shall be the "Responsible Party"), the Responsible Party shall be liable for and reimburse to the other Party any associated Transporter cashout costs and losses or penalties incurred by such other Party. In the event the tariff of either Buyer's or Seller's Transporter provides for cashouts on the basis of the aggregation of all overdeliveries and underdeliveries between such Transporter and Buyer or Seller, respectively (the "Aggregate Transporter Imbalance"), and the nature of the Imbalance (overdelivery or underdelivery) attributable to the Responsible Party is the same as the Aggregate Transporter Imbalance (overdelivery or underdelivery), the Responsible Party shall participate in the other Party's cashout settlement of the Aggregate Transporter Imbalance on the basis of only the Responsible Party's pro-rata share thereof. B. Notwithstanding anything to the contrary in Paragraph A, if either Transporter is an Intrastate Transporter this Paragraph B shall apply. If Buyer or Buyer's Transporter is responsible for receipt of Gas on Seller's account in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Seller for delivery to Buyer (the "Overtake") and (ii) the Overtake is more than two percent of the DCQ or such other quantity, if applicable, then Buyer shall pay the following amount for the Overtake: the Contract Price plus liquidated damages equal to $0.15 multiplied by the MMBtus equal to the Overtake. If Seller or Seller's Transporter is responsible for delivery of Gas in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Buyer for receipt from Seller (the "Overdelivery"), and (ii) the Overdelivery is more than two percent of the DCQ, or such other quantity, if applicable, Buyer shall pay only the following amount for the quantity of the Overdelivery: the Contract Price minus $0.25 multiplied by the MMBtus equal to the Overdelivery. Subject to offset, payment to Buyer of amounts set forth in this Article 7 shall be made no later than 10 Days after receipt by Seller of Buyer's statement for same and payment to Seller of amounts set forth in this Article 7 shall be made in accordance with the Billing and Payment provisions set forth in Appendix "1."

Correction of Imbalances, Cashouts and Penalties. A. Differences between Scheduled quantities and actual quantities delivered and received hereunder ("Imbalances") will be corrected or settled in cash or Gas as the Parties agree. In the event of (i) an Imbalance imbalance on Buyer's Transporter's system caused by Seller or Seller's Transporter's delivery of less or more than the Scheduled quantity for any Gas Day (in which case Seller shall be the "Responsible Party") or (ii) an Imbalance imbalance on Seller's Transporter's system caused by Buyer or Buyer's Transporter's receipt of more or less than the Scheduled quantity for any Gas Day (in which case Buyer shall be the "Responsible Party"), the Responsible Party shall be liable for and reimburse to the other Party any associated Transporter cashout costs and losses or penalties incurred by such other Party as a result of the Responsible Party's delivery or receipt of less or more than the Scheduled quantity for any Gas Day. In the event the tariff of either Buyer's or Seller's Transporter provides for cashouts on the basis of the aggregation of all overdeliveries and underdeliveries between such Transporter and Buyer or Seller, respectively (the "Aggregate Transporter Imbalance"), and the nature of the Imbalance imbalance (overdelivery or underdelivery) attributable to the Responsible Party is the same as the Aggregate Transporter Imbalance (overdelivery or underdelivery), the Responsible Party shall participate in the other Party's cashout settlement of the Aggregate Transporter Imbalance on the basis of only the Responsible Party's pro-rata share thereof. B. Notwithstanding anything to the contrary in Paragraph A, if either Transporter is an Intrastate Transporter this Paragraph B shall apply. If Buyer or Buyer's Transporter is responsible for receipt of Gas on Seller's account in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Seller for delivery to Buyer (the "Overtake") and (ii) the Overtake is more than two percent of the DCQ or such other quantity, if applicable, then Buyer shall pay the following amount for the Overtake: the Contract Price plus liquidated damages equal to $0.15 multiplied by the MMBtus equal to the Overtake. If Seller or Seller's Transporter is responsible for delivery of Gas in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Buyer for receipt from Seller (the "Overdelivery"), and (ii) the Overdelivery is more than two percent of the DCQ, or such other quantity, if applicable, Buyer shall pay only the following amount for the quantity of the Overdelivery: the Contract Price minus $0.25 multiplied by the MMBtus equal to the Overdelivery. Subject to offset, payment to Buyer of amounts set forth in this Article 7 Section 4.2 shall be made no later than 10 Days after receipt by Seller of Buyer's statement for same and payment same. Payment to Seller of amounts set forth in this Article 7 Section 4.2 shall be made in accordance with Article 6. Within 10 Days of the Billing and Payment provisions set forth in Appendix "1request of either Party, the other Party shall provide, to the extent it has a legal right of access thereto and/or such statement is then available, a copy of the applicable Transporter's allocation or imbalance statement for the requested period."

Correction of Imbalances, Cashouts and Penalties. A. Differences between Scheduled quantities and actual quantities delivered and received hereunder ("ImbalancesIMBALANCES") will be corrected or settled in cash or Gas or by offset as the Parties agreeagree within forty-five (45) Days from the date of notice of the Imbalance. In the event of Additionally, if (i) an Imbalance on Buyer's Transporter's system caused by Seller or Seller's Transporter's delivery of less or more than the Scheduled quantity for any Gas Day (in which case Seller shall will be the "Responsible PartyRESPONSIBLE PARTY") or (ii) an Imbalance on Seller's Transporter's system caused by Buyer or Buyer's Transporter's receipt of more or less than the Scheduled quantity for any Gas Day (in which case Buyer shall will be the "Responsible PartyRESPONSIBLE PARTY"), the Responsible Party shall will be liable for and reimburse to the other Party any associated Transporter cashout costs and losses or penalties incurred by such other PartyParty to the relevant Transporter. In the event If the tariff of either Buyer's or Seller's Transporter provides for cashouts on the basis of the aggregation of all overdeliveries over deliveries and underdeliveries under deliveries between such Transporter and Buyer or Seller, respectively (the "Aggregate Transporter ImbalanceAGGREGATE TRANSPORTER IMBALANCE"), and the nature of the Imbalance (overdelivery over delivery or underdeliveryunder delivery) attributable to the Responsible Party is the same as the Aggregate Transporter Imbalance (overdelivery over or underdeliveryunder delivery), the Responsible Party shall will participate in the other Party's cashout settlement of the Aggregate Transporter Imbalance on the basis of only the Responsible Party's pro-rata share thereof. B. Notwithstanding anything to the contrary in Paragraph A, if either Transporter is an Intrastate Transporter this Paragraph B shall apply. If Buyer or Buyer's Transporter is responsible for receipt of Gas on Seller's account in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Seller for delivery to Buyer (the "Overtake") and (ii) the Overtake is more than two percent of the DCQ or such other quantity, if applicable, then Buyer shall pay the following amount for the Overtake: the Contract Price plus liquidated damages equal to $0.15 multiplied by the MMBtus equal to the Overtake. If Seller or Seller's Transporter is responsible for delivery of Gas in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Buyer for receipt from Seller (the "Overdelivery"), and (ii) the Overdelivery is more than two percent of the DCQ, or such other quantity, if applicable, Buyer shall pay only the following amount for the quantity of the Overdelivery: the Contract Price minus $0.25 multiplied by the MMBtus equal to the Overdelivery. Subject to offset, payment to Buyer of amounts set forth in this Article 7 shall be made no later than 10 Days after receipt by Seller of Buyer's statement for same and payment to Seller of amounts set forth in this Article 7 shall be made in accordance with the Billing and Payment provisions set forth in Appendix "1."

Correction of Imbalances, Cashouts and Penalties. A. Differences between Scheduled quantities and actual quantities delivered and aid received hereunder ("ImbalancesIMBALANCES") will be corrected or settled in cash or Gas or by offset as the Parties agree. In Additionally in the event of (i) an Imbalance on Buyer's Transporter's system caused by Seller or Seller's Transporter's delivery of less or more than the Scheduled quantity for any Gas Day (in which case Seller shall be the "Responsible PartyRESPONSIBLE PARTY") or (ii) an Imbalance on Seller's Transporter's system caused by Buyer or Buyer's Transporter's receipt of more or less than the Scheduled quantity for any Gas Day (in which case Buyer shall be the "Responsible PartyRESPONSIBLE PARTY"), the Responsible Party shall be liable for and reimburse to the other Party any associated Transporter penalties or cashout costs and losses or penalties incurred by such other Party. In the event the tariff of either Buyer's or Seller's Transporter provides for cashouts on the basis best of the aggregation of all overdeliveries and underdeliveries between such Transporter and Buyer or Seller, respectively (the "Aggregate Transporter ImbalanceAGGREGATE TRANSPORTER IMBALANCE"), and the nature of the Imbalance (overdelivery or underdelivery) attributable to the Responsible Party is the same as the Aggregate Transporter Imbalance (overdelivery or underdelivery), the Responsible Party shall participate in the other Party's cashout settlement of the Aggregate Transporter Imbalance on the basis of only the Responsible Party's pro-rata share thereof. B. Notwithstanding anything to the contrary in Paragraph A, if either Transporter is an Intrastate Transporter this Paragraph B shall apply. If Buyer or Buyer's Transporter is responsible for receipt of Gas on Seller's account in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Seller for delivery to Buyer (the "Overtake") and (ii) the Overtake is more than two percent of the DCQ or such other quantity, if applicable, then Buyer shall pay the following amount for the Overtake: the Contract Price plus liquidated damages equal to $0.15 multiplied by the MMBtus equal to the Overtake. If Seller or Seller's Transporter is responsible for delivery of Gas in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Buyer for receipt from Seller (the "Overdelivery"), and (ii) the Overdelivery is more than two percent of the DCQ, or such other quantity, if applicable, Buyer shall pay only the following amount for the quantity of the Overdelivery: the Contract Price minus $0.25 multiplied by the MMBtus equal to the Overdelivery. Subject to offset, payment to Buyer of amounts set forth in this Article 7 shall be made no later than 10 Days after receipt by Seller of Buyer's statement for same and payment to Seller of amounts set forth in this Article 7 shall be made in accordance with the Billing and Payment provisions set forth in Appendix "1."

Correction of Imbalances, Cashouts and Penalties. A. Differences between Scheduled quantities and actual quantities delivered and received hereunder ("ImbalancesIMBALANCES") will be corrected or settled in cash or Gas Energy or by offset as the Parties agreeagree within forty-five (45) Days from the date of notice of the Imbalance. In the event of Additionally, if (i) an Imbalance on Buyer's TransporterTransmission Provider's system caused by Seller or Seller's TransporterTransmission Provider's delivery of less or more than the Scheduled quantity for any Gas Day Hour (in which case Seller shall will be the "Responsible PartyRESPONSIBLE PARTY") or (ii) an Imbalance on Seller's TransporterTransmission Provider's system caused by Buyer or Buyer's TransporterTransmission Provider's receipt of more or less than the Scheduled quantity for any Gas Day Hour (in which case Buyer shall will be the "Responsible PartyRESPONSIBLE PARTY"), the Responsible Party shall will be liable for and reimburse to the other Party any associated Transporter Transmission Provider cashout costs and losses or penalties incurred by such other PartyParty to the relevant Transmission Provider. In the event If the tariff of either Buyer's or Seller's Transporter Transmission Provider provides for cashouts on the basis of the aggregation of all overdeliveries over deliveries and underdeliveries under deliveries between such Transporter Transmission Provider and Buyer or Seller, respectively (the "Aggregate Transporter ImbalanceAGGREGATE TRANSMISSION PROVIDER IMBALANCE"), and the nature of the Imbalance (overdelivery over delivery or underdeliveryunder delivery) attributable to the Responsible Party is the same as the Aggregate Transporter Transmission Provider Imbalance (overdelivery over or underdeliveryunder delivery), the Responsible Party shall will participate in the other Party's cashout settlement of the Aggregate Transporter Transmission Provider Imbalance on the basis of only the Responsible Party's pro-rata share thereof. B. Notwithstanding anything to the contrary in Paragraph A, if either Transporter is an Intrastate Transporter this Paragraph B shall apply. If Buyer or Buyer's Transporter is responsible for receipt of Gas on Seller's account in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Seller for delivery to Buyer (the "Overtake") and (ii) the Overtake is more than two percent of the DCQ or such other quantity, if applicable, then Buyer shall pay the following amount for the Overtake: the Contract Price plus liquidated damages equal to $0.15 multiplied by the MMBtus equal to the Overtake. If Seller or Seller's Transporter is responsible for delivery of Gas in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Buyer for receipt from Seller (the "Overdelivery"), and (ii) the Overdelivery is more than two percent of the DCQ, or such other quantity, if applicable, Buyer shall pay only the following amount for the quantity of the Overdelivery: the Contract Price minus $0.25 multiplied by the MMBtus equal to the Overdelivery. Subject to offset, payment to Buyer of amounts set forth in this Article 7 shall be made no later than 10 Days after receipt by Seller of Buyer's statement for same and payment to Seller of amounts set forth in this Article 7 shall be made in accordance with the Billing and Payment provisions set forth in Appendix "1."

Correction of Imbalances, Cashouts and Penalties. A. Differences between ------------------------------------------------ Scheduled quantities and actual quantities delivered and received hereunder ("Imbalances") will be corrected or settled in cash or Gas or by offset as the ---------- Parties agree. In Additionally, in the event of (i) an Imbalance on Buyer's Transporter's system caused by Seller or of Seller's Transporter's delivery of less or more than the Scheduled quantity for any Gas Day (in which case Seller shall be the "Responsible Party") or (ii) an Imbalance on Seller's Transporter's system ----------------- caused by Buyer or Buyer's Transporter's receipt of more or less than the Scheduled quantity for any Gas Day (in which case Buyer shall be the "Responsible Party"), the Responsible Party shall be liable for and reimburse to ----------------- the other Party any associated Transporter penalties or cashout costs and losses or penalties incurred by such other Party. In the event the tariff of either Buyer's or Seller's Transporter provides for cashouts on the basis of the aggregation of all overdeliveries and underdeliveries between such Transporter and Buyer or Seller, respectively (the "Aggregate Transporter Imbalance"), and the nature of ------------------------------- the Imbalance (overdelivery or underdelivery) attributable to the Responsible Party party is the same as the Aggregate Transporter Imbalance (overdelivery or underdelivery), the Responsible Party shall participate in the other Party's cashout settlement of the Aggregate Transporter Imbalance on the basis of only the Responsible Party's pro-rata share thereof. B. Notwithstanding anything to the contrary in Paragraph A, if either Transporter is an Intrastate Transporter this Paragraph B shall apply. If Buyer or Buyer's Transporter is responsible for receipt of Gas on Seller's account in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Seller for delivery to Buyer (the "Overtake") and (ii) the Overtake is more than two percent of the DCQ or such other quantity, if applicable, then Buyer shall pay the following amount for the Overtake: the Contract Price plus liquidated damages equal to $0.15 multiplied by the MMBtus equal to the Overtake. If Seller or Seller's Transporter is responsible for delivery of Gas in an amount greater than the DCQ or other quantity set forth in a notice of interruption properly issued in accordance with this Agreement and (i) such excess Gas was not Scheduled by Buyer for receipt from Seller (the "Overdelivery"), and (ii) the Overdelivery is more than two percent of the DCQ, or such other quantity, if applicable, Buyer shall pay only the following amount for the quantity of the Overdelivery: the Contract Price minus $0.25 multiplied by the MMBtus equal to the Overdelivery. Subject to offset, payment to Buyer of amounts set forth in this Article 7 shall be made no later than 10 Days after receipt by Seller of Buyer's statement for same and payment to Seller of amounts set forth in this Article 7 shall be made in accordance with the Billing and Payment provisions set forth in Appendix "1."