Common use of Excess Deliveries Clause in Contracts

Excess Deliveries. When the actual quantity of Gas received at a Point(s) of Receipt, less Fuel and Loss, is less than the confirmed Delivery Nomination, the excess quantity of Gas, hereinafter referred to as “Excess Deliveries”, shall be sold by Gatherer and purchased by Shipper at one hundred and twenty percent (120%) of the highest daily price posted for Houston Ship Channel, as reported in Gas Daily, published by The MxXxxx-Xxxx Companies, during the Month in which the imbalance occurred, less the applicable location differential and transport fuel, plus Gatherer’s gathering and fuel rate(s). In the event Gas Daily ceases to be published or fails to report the necessary index price, Gatherer shall notify Shipper of the substitute index price to be used. EXHIBIT B TO TERMS AND CONDITIONS CURTAILMENT PROCEDURES Gatherer shall have the right to curtail all gathering service, in whole or in part on all or a portion of its System, at any time for reasons of Force Majeure incurred by Gatherer or Shipper’s Transporter, or when, in Gatherer’s reasonable judgment, capacity or operating conditions so require, or it is desirable or necessary to make modifications, repairs or operating changes to the System. Gatherer shall provide Shipper such notice of the curtailment as is reasonable under the circumstances. Gatherer will use reasonable efforts to identify and curtail only those Shippers whose Gas is nominated through the Point(s) of Receipt, or portion of the System, which are subject to curtailment. All curtailments will be made ratably for all affected Shippers, in accordance with each such Shipper’s confirmed nominations.

Excess Deliveries. When the actual quantity of Gas received at a Point(s) of Receipt, less Fuel and Loss, is less than the confirmed Delivery Nomination, the excess quantity of Gas, hereinafter referred to as “Excess Deliveries”, shall be sold by Gatherer and purchased by Shipper at one hundred and twenty percent (120%) of the highest daily price posted for Houston Ship Channelprice, as reported in Gas DailyDaily Waha, published by The MxXxxx-Xxxx Companies, during the Month in which the imbalance occurred, less the applicable location differential and transport fuel, plus Gatherer’s gathering and fuel rate(s). In the event Gas Daily Waha ceases to be published or fails to report the necessary index price, Gatherer shall notify Shipper of the substitute index price to be used. EXHIBIT B TO TERMS AND CONDITIONS CURTAILMENT PROCEDURES Gatherer shall have the right to curtail all gathering service, in whole or in part on all or a portion of its System, at any time for reasons of Force Majeure incurred by Gatherer or Shipper’s Transporter, or when, in Gatherer’s reasonable judgment, capacity or operating conditions so require, or it is desirable or necessary to make modifications, repairs or operating changes to the System. Gatherer shall provide Shipper such notice of the curtailment as is reasonable under the circumstances. Gatherer will use reasonable efforts to identify and curtail only those Shippers whose Gas is nominated through the Point(s) of Receipt, or portion of the System, which are subject to curtailment. All curtailments will be made ratably for all affected Shippers, in accordance with each such Shipper’s confirmed nominations.

Excess Deliveries. When the actual quantity of Gas received at a Point(s) of ReceiptReceipt Point, less Fuel and Loss, is less than the confirmed Delivery Nomination, the excess quantity of Gas, Gas is hereinafter referred to as “Excess Deliveries”. If Excess Deliveries are equal to or less than five percent (5%) of confirmed Delivery Nominations, the Excess Deliveries shall be sold by Gatherer and purchased by Shipper at one hundred percent of the Cash Out Price. The amount of Excess Deliveries greater than five percent (5%) shall be sold by Gatherer and purchased by Shipper at one hundred and twenty percent (120%) of the highest daily price posted for Houston Ship Channel, as reported in Gas Daily, published by The MxXxxx-Xxxx Companies, during the Month in which the imbalance occurred, less the applicable location differential and transport fuel, plus Gatherer’s gathering and fuel rate(s)Cash Out Price. In the event Platts Inside FERC First of the Month Price for Colorado Interstate Gas Daily ceases to be published or fails to report the necessary index price, Gatherer shall notify Shipper of the substitute index price to be used. In the event of assignment or termination of this Agreement, the Parties agree to cash out any existing imbalance according to the terms and methodology above within five (5) Days thereof. EXHIBIT B TO TERMS AND CONDITIONS F KMGG WATTENBERG SYSTEM CURTAILMENT PROCEDURES Gatherer shall have the right to curtail all gathering service, in whole or in part on all or a any portion or portions of its System, at any time (i) for reasons of Force Majeure incurred by Gatherer or Shipper’s Transporter, or (ii) when, in Gatherer’s reasonable judgment, capacity or operating conditions so require, or (iii) when it is desirable or necessary to make modifications, repairs or operating changes to the System. Gatherer shall provide Shipper such notice of the curtailment as is reasonable under the circumstances. Gatherer will use reasonable efforts to identify and curtail only those Shippers whose Gas is nominated through the Receipt Point(s) of Receipt), or any portion or portions of the System, which are subject to curtailment. All curtailments will be made ratably for all affected Shippers, in accordance with each such Shipper’s confirmed nominations.