Common use of FIRM MINIMUM ANNUAL VOLUME Clause in Contracts

FIRM MINIMUM ANNUAL VOLUME. In each Contract Year, the Customer shall consume or, in any event, pay for the Adjusted Firm Minimum Annual Volume (“AFMAV”) as determined in the formula below. This AFMAV will not be less than the minimum quantity required to qualify for firm service in the M4 Rate Schedule. The firm quantity not consumed in any Contract Year (the "Firm Deficiency Volume" or “FDV”) shall be as determined in the formula below. AFMAV = FMAV x [(U - DF) / U] FDV = AFMAV - (FV - F) Where: FMAV = Firm Minimum Annual Volume (as identified in Schedule 1) U = number of days in the Contract Year DF = number of days of Force Majeure in the Contract Year FV = total firm volume taken in the Contract Year F = volumes delivered to the Points of Consumption during Force Majeure The payment required for the FDV shall be calculated by multiplying FDV by the MAV Delivery charge specified in the M4 Rate Schedule as of the last day of the Contract Year. This payment would only apply if the FDV was greater than zero.

FIRM MINIMUM ANNUAL VOLUME. In each Contract Year, the Customer shall consume or, in any event, pay for the Adjusted Firm Minimum Annual Volume (“AFMAV”) as determined in the formula below. This AFMAV will not be less than the minimum quantity required to qualify for firm service in the M4 Rate Schedule. The firm quantity not consumed in any Contract Year (the "Firm Deficiency Volume" or “FDV”) shall be as determined in the formula below. AFMAV = FMAV x [(U - DF) / U] FDV = AFMAV - (FV - F) Where: FMAV = Firm Minimum Annual Volume (as identified in Schedule 1) U = number of days in the Contract Year DF = number of days of Force Majeure in the Contract Year FV = total firm volume taken in the Contract Year F = volumes delivered to the Points of Consumption during Force Majeure The payment required for the FDV shall be calculated by multiplying FDV by the MAV Delivery charge specified in the Rate M4 Rate Schedule as of the last day of the Contract Year. This payment would only apply if the FDV was greater than zero.