EXCESS VOLUMES. The Parties may, at their option, elect to deliver or lift excess Export Oil over and above the volumes in the Forward Quantity Statement. The actual value of any such excess Export Oil lifted by any Companywill reduce the outstanding balance of due Petroleum Costs and Remuneration under the DPC as reflected in the then most current Invoice. If either of Parties wishes to exercise this option to deliver excess Export Oil in any Lifting Quarter, it shall notify the other of such election no later than the first day of the second Month of the preceding Quarter, and the other Party must confirm its agreement no later than ten (10) days after such notice.
EXCESS VOLUMES. If the volume of (i) Producer’s Gas, (ii) Third-Party Gas, and (iii) Gas from any Dedicated Reserves caused to be drilled by Producer either through acreage farm-out or non-consent Xxxxx, delivered to the Gathering System in a calendar quarter of the Minimum Volume Period is greater than the Quarterly Minimum Volume, then such excess volume will be credited to the last volumes due during the Minimum Volume Period. Such crediting shall thereby shorten the Minimum Volume Period by one Day for each 22,800 Mcf of excess volumes so credited.
EXCESS VOLUMES. (a) If on any Day Buyer determines that it requires more Carbon Dioxide for the Project than the DCQ that Buyer has nominated for any Day, Buyer shall make a written request to Seller for delivery of such volume ("Excess Volumes"), up to 30 MMCF per Day. Seller shall have the right, but not the obligation to supply all or any portion of such Excess Volumes requested by Buyer subject to (i) that within two (2) Business Days after such request is made, Seller confirms in writing the amount (if any) of Excess Volumes it agrees to deliver and (ii) Seller can make such deliveries within Buyer’s requested delivery schedule.
(b) Excess Volumes supplied pursuant to this Article 3.3 shall be counted first toward current Contract Year ACQ and then toward Make-Up Volumes attributable to previous Contract Years' Deficiency Volumes if one hundred percent (100%) of the current Contract Year ACQ has been delivered. If the current Contract Year ACQ has already been achieved and all previous Contract Years’ Deficiency Volumes have been made up, Buyer may still request other Excess Volumes. Other Excess Volumes shall not affect, impact, offset, accrue or count towards ACQ, prospective Take-or-Pay Quantity, Deficiency Volumes or Make-up Volumes.
(c) Either Party may interrupt the purchase or sale of Excess Volumes at any time, provided that the interrupting Party shall make commercially reasonable efforts to provide at least two (2) days prior notice to the other Party of the interruption.
EXCESS VOLUMES. The parties acknowledge that, from time to time, all or some of the Managed Gas may not be sold to existing purchasers of Customer’s Managed Gas (“Existing Purchasers”). Therefore Customer and Enron CanadaENA Upstream hereby agree that Customer shall sell to Enron Canada and Enron CanadaENA Upstream and ENA Upstream shall purchase from Customer atCustomer, NOVA Inventory Transfer/AECO "C" (the "Delivery Point") for the AECO "C" Daily Index Price, under mutually agreeable terms and conditions, all of the following quantities of gas (each such transaction herein called a “Short Term Transaction"): Managed Gas which is not committed to transactions with Existing Purchasers; or although committed to transactions with Existing Purchasers, Managed Gas which was not taken (for any reason) by any such Existing Purchaser. For greater certainty, Customer hereby acknowledges that it shall solely be responsible for all tolls and other transportation costs and penalties relating to the delivery of such gas to the Delivery Point.mutually agreed delivery point. Deficient Volumes. In the event that Customer experiences a deficiency in its firm obligations to deliver Managed Gas to one or more of the Existing Purchasers for any reason not excused by the terms of the relevant contract, Customer and Enron CanadaENA Upstream hereby agree that Enron CanadaENA Upstream shall first curtail all interruptible purchases and sales of the Managed Gas and, provided that a deficiency as described above continues to exist after such curtailment, Enron CanadaENA Upstream shall sell to Customer and Customer shall purchase from Enron Canada at the Delivery Point for the AECO "C" Daily Index Price,ENA Upstream, under mutually agreeable terms and conditions, all necessary replacement gas in respect such deficiency. For greater certainty, Customer hereby acknowledges that Enron Canada'sENA Upstream's obligations hereunder are to deliver such gas to the Delivery Pointmutually agreed delivery point and Customer shall be solely responsible for all tolls and other transportation costs and penalties relating to the delivery of such gas from the Delivery Point to the agreed upon delivery points with the Existing Purchasers, as applicable.
EXCESS VOLUMES
