Common use of Gas Quality Clause in Contracts

Gas Quality. 8.1 The quality of Natural Gas delivered by Shipper to Carrier for Transit Services through the Pipeline System at: (i) IP OL, as determined on the basis of the data deriving from the measuring station owned and operated by GRTgaz in the area of Oltingue; (ii) IP WB, as determined on the basis of the data deriving from the measuring station owned and operated by Transitgas in the area of Wallbach; and (iii) IP GP, as determined on the basis of the data deriving from the measuring station owned and operated by Snam Rete Gas S.p.A. in the area of Masera, shall comply with the specifications (the “Quality Specifications”) agreed between Transitgas and the operators of the adjacent gas transit systems in the respective Interconnection Agreements. Carrier shall keep Shipper duly informed of any changes to the Quality Specifications contained in these Interconnection Agreements. Shipper and Carrier shall inform each other as soon as one of them becomes aware that Natural Gas physically delivered does not comply with said Quality Specifications (“Off-Spec Gas”). 8.2 Carrier shall be entitled to refuse to take delivery of and transit Off-Spec Gas and such Off-Spec Gas shall be deemed as not delivered at the Delivery Point by Shipper for all purposes of this Agreement. In this case, if Off-Spec Gas is nevertheless physically delivered at the Delivery Point, Shipper shall promptly indemnify Carrier from and against: (i) all reasonable costs and expenses incurred by Carrier in cleaning and clearing the Pipeline System and/or in taking reasonable measures to secure that the Pipeline System can be operated; and (ii) all damages claimed by third parties toward Carrier and deriving directly from said Off-Spec Gas. The above mentioned costs and damages shall be properly and duly documented by Carrier. 8.3 Shipper acknowledges that its Natural Gas delivered at the Delivery Point to be transited under this Agreement shall be transited through the Pipeline System together with and not separate from quantities of Natural Gas of other shippers that deliver Natural Gas at the same Delivery Point. It is therefore acknowledged that, if the natural gas delivered at the same Delivery Point hereunder fails to comply with the Quality Specification, also Shipper’s Natural Gas delivered at the same Delivery Point shall be deemed not to comply with the Quality Specification. 8.4 The quality of Natural Gas redelivered by Carrier at the Redelivery Point, as determined on the basis of the data deriving from the measuring station related to the Redelivery Point, shall comply with the Quality Specifications, provided that the corresponding Natural Gas delivered by Shipper at the Delivery Point complies with the Quality Specifications. 8.5 If: (i) the quality of Natural Gas redelivered by Carrier at the Redelivery Point does not comply with the Quality Specifications; and (ii) provided that Natural gas delivered by Shipper at the Delivery Point complied with the Quality Specifications as per GC 8.1; Shipper shall be entitled to refuse such Off-Spec Gas only in the event that said Off-Spec Gas is refused, or in the reasonable opinion of Carrier is likely to be refused, by the operator of the downstream gas transit system and such Off-Spec Gas shall be deemed as not redelivered at the Redelivery Point by Carrier for all purposes of this Agreement. In such case Carrier shall indemnify Shipper from and against any losses, damages and costs caused to Shipper, and deriving directly from the redelivery of such Off- Spec Gas by Carrier at the Redelivery Point, but only to the extent requested, properly and duly documented by Shipper on the basis of the requests and the documentation submitted by the operator of the downstream gas transit system.

Gas Quality. 8.1 The quality of Natural Gas delivered by Shipper to Carrier for Transit Services through the Pipeline System at: (i) IP OL, as determined on the basis of the data deriving from the measuring station owned and operated by GRTgaz in the area of Oltingue; (ii) IP WB, as determined on the basis of the data deriving from the measuring station owned and operated by Transitgas in the area of Wallbach; and (iii) IP GP, as determined on the basis of the data deriving from the measuring station owned and operated by Snam Rete Gas S.p.A. in the area of Masera, shall comply with the specifications (the “Quality Specifications”) agreed between Transitgas and the operators of the adjacent gas transit systems in the respective Interconnection Agreements. Carrier shall keep Shipper duly informed of any changes to the Quality Specifications contained in these Interconnection Agreements. Shipper Xxxxxxx and Carrier Xxxxxxx shall inform each other as soon as one of them becomes aware that Natural Gas physically delivered does not comply with said Quality Specifications (“Off-Spec Gas”). 8.2 Carrier shall be entitled to refuse to take delivery of and transit Off-Spec Gas and such Off-Spec Gas shall be deemed as not delivered at the Delivery Point by Shipper for all purposes of this Agreement. In this case, if Off-Spec Gas is nevertheless physically delivered at the Delivery Point, Shipper Xxxxxxx shall promptly indemnify Carrier from and against: (i) all reasonable costs and expenses incurred by Carrier in cleaning and clearing the Pipeline System and/or in taking reasonable measures to secure that the Pipeline System can be operated; and (ii) all damages claimed by third parties toward Carrier and deriving directly from said Off-Spec Gas. The above mentioned costs and damages shall be properly and duly documented by Carrier. 8.3 Shipper acknowledges that its Natural Gas delivered at the Delivery Point to be transited under this Agreement shall be transited through the Pipeline System together with and not separate from quantities of Natural Gas of other shippers that deliver Natural Gas at the same Delivery Point. It is therefore acknowledged that, if the natural gas delivered at the same Delivery Point hereunder fails to comply with the Quality Specification, also ShipperXxxxxxx’s Natural Gas delivered at the same Delivery Point shall be deemed not to comply with the Quality Specification. 8.4 The quality of Natural Gas redelivered by Carrier at the Redelivery Point, as determined on the basis of the data deriving from the measuring station related to the Redelivery Point, shall comply with the Quality Specifications, provided that the corresponding Natural Gas delivered by Shipper at the Delivery Point complies with the Quality Specifications. 8.5 If: (i) the quality of Natural Gas redelivered by Carrier at the Redelivery Point does not comply with the Quality Specifications; and (ii) provided that Natural gas delivered by Shipper Xxxxxxx at the Delivery Point complied with the Quality Specifications as per GC 8.1; Shipper Xxxxxxx shall be entitled to refuse such Off-Spec Gas only in the event that said Off-Spec Gas is refused, or in the reasonable opinion of Carrier is likely to be refused, by the operator of the downstream gas transit system and such Off-Spec Gas shall be deemed as not redelivered at the Redelivery Point by Carrier for all purposes of this Agreement. In such case Carrier shall indemnify Shipper from and against any losses, damages and costs caused to Shipper, and deriving directly from the redelivery of such Off- Spec Gas by Carrier at the Redelivery Point, but only to the extent requested, properly and duly documented by Shipper on the basis of the requests and the documentation submitted by the operator of the downstream gas transit system.

Gas Quality. 8.1 The quality of Natural 7.1 As measured at each Receipt Point, Gas delivered by Shipper Producer shall be of a quality that, after processing in the Processing Plant as it then currently exists (and, after the Ethane Service Commencement Date, taking into account any nominations for the recovery of ethane made or deemed to Carrier have been made pursuant to the NGL Exchange Agreement), meets the quality specifications of pipelines receiving Gas at the Redelivery Point(s), as in effect from time to time, other than for Transit Services through water vapor content and hydrocarbon dew point; provided that the Pipeline System atwater content of Gas delivered by Producer to the Receipt Point(s) shall not include free water. The receiving pipeline’s existing specifications are set forth on Exhibit C, attached hereto. 7.2 The Parties acknowledge that if the quality standards of the pipelines receiving Gas at the Redelivery Point(s) change, the Parties will consider whether such change is material to this Agreement and, if material, will cooperate with each other to address such change in a manner that preserves the business and economic objectives of this Agreement. 7.3 If Gas tendered by Producer should fail to meet any one or more of the above specifications from time to time, then: (i) IP OL, as determined on the basis a. MarkWest may take receipt of the data deriving non-conforming Gas, and that receipt shall not be construed as a waiver or change of standards for future Gas volumes; or b. MarkWest may, at its sole discretion, cease receiving the non-conforming Gas from Producer, and shall notify Producer that it will cease receiving the measuring station owned and operated by GRTgaz in non-conforming Gas. Upon such notice to Producer, the area of Oltingue; (ii) IP WB, as determined on the basis of the data deriving from the measuring station owned and operated by Transitgas in the area of Wallbach; and (iii) IP GP, as determined on the basis of the data deriving from the measuring station owned and operated by Snam Rete Gas S.p.A. in the area of Masera, shall comply with the specifications (the “Quality Specifications”) agreed between Transitgas and the operators of the adjacent gas transit systems in the respective Interconnection Agreements. Carrier shall keep Shipper duly informed of any changes to the Quality Specifications contained in these Interconnection Agreements. Shipper and Carrier shall inform each other as soon as one of them becomes aware that Natural Gas physically delivered does not comply with said Quality Specifications (“Offnon-Spec Gas”). 8.2 Carrier shall be entitled to refuse to take delivery of and transit Off-Spec Gas and such Off-Spec conforming Gas shall not be deemed as not Gas delivered at to MarkWest by Producer for the Delivery Point by Shipper for all purposes purpose of calculating the Demand Fee in Section 10.1.b of this Agreement. In this caseIf MarkWest refuses to accept such non-conforming Gas from Producer, the Parties shall negotiate in good faith with respect to the services and facilities necessary to remedy the non-conforming gas and the fees for MarkWest to provide such services and facilities. If the Parties are unable to agree on such facilities, services and fees within thirty (30) days and if OffMarkWest refuses to accept non-Spec conforming Gas is nevertheless physically delivered at the Delivery Pointfrom Producer, Shipper shall promptly indemnify Carrier from and against: then all (ibut only that) all reasonable costs and expenses incurred by Carrier in cleaning and clearing the Pipeline System and/or in taking reasonable measures Gas that MarkWest refuses to secure that the Pipeline System can be operated; and (ii) all damages claimed by third parties toward Carrier and deriving directly from said Off-Spec Gas. The above mentioned costs and damages accept for processing shall be properly released from this Agreement, and duly documented by Carrierthe Parties shall have no further obligations to each other with respect to such non-conforming Gas. 8.3 Shipper acknowledges that its Natural c. If the Gas as delivered at contains contaminants not in conformance with the Delivery Point to be transited under this Agreement specifications as described in Section 7.1, then Producer shall be transited through the Pipeline System together with responsible for, and not separate from quantities of Natural Gas of other shippers that deliver Natural Gas at the same Delivery Point. It is therefore acknowledged thatshall reimburse MarkWest for, if the natural gas delivered at the same Delivery Point hereunder fails to comply with the Quality Specification, also Shipper’s Natural Gas delivered at the same Delivery Point shall be deemed not to comply with the Quality Specification. 8.4 The quality of Natural Gas redelivered by Carrier at the Redelivery Point, as determined on the basis of the data deriving from the measuring station related to the Redelivery Point, shall comply with the Quality Specifications, provided that the corresponding Natural Gas delivered by Shipper at the Delivery Point complies with the Quality Specifications. 8.5 If: (i) the quality of Natural Gas redelivered by Carrier at the Redelivery Point does not comply with the Quality Specifications; and (ii) provided that Natural gas delivered by Shipper at the Delivery Point complied with the Quality Specifications as per GC 8.1; Shipper shall be entitled to refuse such Off-Spec Gas only in the event that said Off-Spec Gas is refused, or in the reasonable opinion of Carrier is likely to be refused, by the operator of the downstream gas transit system and such Off-Spec Gas shall be deemed as not redelivered at the Redelivery Point by Carrier for all purposes of this Agreement. In such case Carrier shall indemnify Shipper from and against any lossesactual expenses, damages and costs caused resulting from MarkWest’s receipt of such non-conforming Gas prior to Shipperthe time MarkWest becomes aware of such non-conforming Gas. MarkWest shall be responsible for all actual expenses, damages and costs resulting from all non-conforming Gas accepted by MarkWest after MarkWest becomes aware of such non-conforming Gas. In addition, the Parties acknowledge and agree that, notwithstanding anything herein to the contrary, (i) “contaminants” as used in this Article 7 shall include, without limitation, toxic substances and polychlorinated biphenyls (collectively, “PCBs”) and (ii) the expenses, damages, and deriving directly from costs set forth in Section 7.3.c. for which Producer shall be liable in connection with delivering Gas or Raw Make contaminated with PCBs shall include the redelivery costs of such Off- Spec Gas by Carrier at the Redelivery Point, but only to the extent requested, properly and duly documented by Shipper on the basis of the requests PCB treating facilities and the documentation submitted by the operator costs associated with treating third party Gas contaminated as a result of the downstream gas transit systemProducer’s breach of this Article 7.

Gas Quality. 8.1 The quality of Natural C.1 Gas delivered by Shipper to Carrier for Transit Services through the Pipeline System at: (i) IP OL, as determined on the basis of the data deriving from the measuring station owned and operated by GRTgaz in the area of Oltingue; (ii) IP WB, as determined on the basis of the data deriving from the measuring station owned and operated by Transitgas in the area of Wallbach; and (iii) IP GP, as determined on the basis of the data deriving from the measuring station owned and operated by Snam Rete Gas S.p.A. in the area of Masera, shall comply with the specifications (the “Quality Specifications”) agreed between Transitgas and the operators of the adjacent gas transit systems in the respective Interconnection Agreementsat Receipt Point(s). Carrier shall keep Shipper duly informed of any changes to the Quality Specifications contained in these Interconnection Agreements. Shipper and Carrier shall inform each other as soon as one of them becomes aware that Natural Gas physically delivered does not comply with said Quality Specifications (“Off-Spec Gas”). 8.2 Carrier shall be entitled to refuse to take delivery of and transit Off-Spec Gas and such Off-Spec Gas shall be deemed as not delivered at the Delivery Point by Shipper for all purposes of this Agreement. In this case, if Off-Spec Gas is nevertheless physically delivered at the Delivery Point, Shipper shall promptly indemnify Carrier from and against: (i) all reasonable costs and expenses incurred by Carrier in cleaning and clearing the Pipeline System and/or in taking reasonable measures to secure that the Pipeline System can be operated; and (ii) all damages claimed by third parties toward Carrier and deriving directly from said Off-Spec Gas. The above mentioned costs and damages shall be properly and duly documented by Carrier. 8.3 Shipper acknowledges that its Natural Gas delivered at the Delivery Point to be transited under this Agreement shall be transited through the Pipeline System together with and not separate from quantities of Natural Gas of other shippers that deliver Natural Shipper’s Gas at the same Delivery PointReceipt Point(s) shall be free of oxygen, hydrocarbons in their liquid state, and water in its liquid state and, unless otherwise expressly provided in Section 1, shall conform to the most restrictive quality specifications required from time to time by the Interconnecting Pipeline(s). It is therefore acknowledged that, if the natural gas delivered If at any time Xxxxxxx’s Gas at the same Delivery Point hereunder Receipt Point(s) fails to comply conform to such quality specifications, the Party discovering such deficiency shall give the other Party written or verbal notice of the deficiency and Shipper shall install, at its expense, facilities upstream of the Receipt Point(s) designed to remove such non-conforming substances. If Xxxxxxx fails to timely remedy the deficiency, Xxxxxxxx may refuse to accept further deliveries of non-conforming Xxxxxxx’s Gas. Should Shipper introduce non-conforming substances into Xxxxxxxx’ pipelines, compressor stations, plants, or other facilities, except in conformity with the Quality Specificationfollowing sentence, also Shipper’s Natural Gas delivered at the same Delivery Point shall be deemed not to comply with the Quality Specification. 8.4 The quality of Natural Gas redelivered by Carrier at the Redelivery Point, as determined on the basis of the data deriving from the measuring station related to the Redelivery Point, shall comply with the Quality Specifications, provided that the corresponding Natural Gas delivered by Shipper at the Delivery Point complies with the Quality Specifications. 8.5 If: (i) the quality of Natural Gas redelivered by Carrier at the Redelivery Point does not comply with the Quality Specifications; and (ii) provided that Natural gas delivered by Shipper at the Delivery Point complied with the Quality Specifications as per GC 8.1; then Shipper shall be entitled liable for all costs incurred by Xxxxxxxx as a result of the introduction of non-conforming substances, including costs incurred by Xxxxxxxx to refuse remediate downstream facilities (but excluding the cost of normal maintenance, such Offas normal pigging activities). Should Xxxxxxxx choose to continue to receive Xxxxxxx’s non-Spec Gas only conforming substances into Xxxxxxxx’ pipelines, compressor stations, plants, or other facilities, after receiving notice or otherwise becoming aware of the non-conformity, then Shipper shall not be liable for any costs incurred by Xxxxxxxx as a result of the introduction of the non-conforming substance, including costs incurred by Xxxxxxxx to remediate downstream facilities. C.2 Removal of Liquifiable Hydrocarbons in the event that said Off-Spec Field. Xxxxxxx’s Gas is refused, or in shall not be processed for removal of liquifiable hydrocarbons prior to its receipt by Xxxxxxxx at the reasonable opinion of Carrier is likely to be refused, Receipt Point(s) other than by the operator use of the downstream gas transit system conventional mechanical liquid-Gas separators operated at or above ambient temperatures. Shipper shall own and such Off-Spec Gas shall be deemed as not redelivered at the Redelivery Point responsible for any liquid hydrocarbons removed by Carrier for all purposes of this Agreement. In such case Carrier shall indemnify Shipper method from and against any losses, damages and costs caused to Shipper, and deriving directly from the redelivery of such Off- Spec Gas by Carrier at the Redelivery Point, but only to the extent requested, properly and duly documented by Shipper on the basis of the requests and the documentation submitted by the operator of the downstream gas transit systemXxxxxxx’s Gas.

Gas Quality. 8.1 (a) [National Grid][The DFO] shall install, commission, operate and maintain equipment to determine the characteristics defined in the Gas Entry Conditions of any gas that is passed from the Delivery Facility to the System. (b) The Parties agree that, not withstanding paragraph 2.10, the equipment referred to in this paragraph 2.3 shall constitute the sole equipment for the measurement of gas quality at the System Entry Point. This equipment shall, subject to continuing and satisfactory maintenance and calibration by [National Grid][the DFO] acting as a Reasonable and Prudent Operator, be accepted by both Parties as providing accurate and reliable measurements. (c) Either Party may request a Validation of Natural Gas delivered by Shipper the gas quality measurement equipment in which event paragraph 2.10 shall apply except that such Validation shall be undertaken within 24 hours of such request and both Parties shall be entitled to Carrier for Transit Services through witness the Pipeline System atValidation. Both Parties accept that it may not be possible to give adequate advance notification of the timing of such Validation, but the Party arranging the Validation will use reasonable endeavours to ensure that the other Party is able to witness the Validation. Until such time as Validation is complete the gas quality measurement equipment shall be considered to be operating in a true and accurate manner. (d) Such equipment shall meet the following criteria: (i) IP OL, All measurement biases shall as determined on the basis of the data deriving from the measuring station owned and operated by GRTgaz in the area of Oltinguefar as is practicable be eliminated or compensated for; (ii) IP WB, as determined on The uncertainty of measurement shall be such that the basis risk of the data deriving from DFO and National Grid flowing gas that they are both unaware is outwith Schedule 3 of the measuring station owned and operated by Transitgas Gas Safety (Management) Regulations 1996 is minimised. The uncertainties shall be better than those in the area specified ranges; (iii) The sampling system used to obtain the sample of Wallbachgas for quality measurements shall ensure that the sample is representative of the gas passed between the System and the Delivery Facility and that no change to the gas composition occurs between the sample point and the analytical instrument; and (iiiiv) IP GPMeasurements and Validation of equipment to make such measurement shall, as determined on the basis of the data deriving from the measuring station owned and operated by Snam Rete Gas S.pwhere feasible, be traceable to national or international standards.A. in the area of Masera, shall comply with the specifications (the “Quality Specifications”) agreed between Transitgas and the operators of the adjacent gas transit systems in the respective Interconnection Agreements. Carrier shall keep Shipper duly informed of any changes to the Quality Specifications contained in these Interconnection Agreements. Shipper and Carrier shall inform each other as soon as one of them becomes aware that Natural Gas physically delivered does not comply with said Quality Specifications (“Off-Spec Gas”). 8.2 Carrier shall be entitled to refuse to take delivery of and transit Off-Spec Gas and such Off-Spec Gas shall be deemed as not delivered at the Delivery Point by Shipper for all purposes of this Agreement. In this case, if Off-Spec Gas is nevertheless physically delivered at the Delivery Point, Shipper shall promptly indemnify Carrier from and against: (i) all reasonable costs and expenses incurred by Carrier in cleaning and clearing the Pipeline System and/or in taking reasonable measures to secure that the Pipeline System can be operated; and (ii) all damages claimed by third parties toward Carrier and deriving directly from said Off-Spec Gas. The above mentioned costs and damages shall be properly and duly documented by Carrier. 8.3 Shipper acknowledges that its Natural Gas delivered at the Delivery Point to be transited under this Agreement shall be transited through the Pipeline System together with and not separate from quantities of Natural Gas of other shippers that deliver Natural Gas at the same Delivery Point. It is therefore acknowledged that, if the natural gas delivered at the same Delivery Point hereunder fails to comply with the Quality Specification, also Shipper’s Natural Gas delivered at the same Delivery Point shall be deemed not to comply with the Quality Specification. 8.4 The quality of Natural Gas redelivered by Carrier at the Redelivery Point, as determined on the basis of the data deriving from the measuring station related to the Redelivery Point, shall comply with the Quality Specifications, provided that the corresponding Natural Gas delivered by Shipper at the Delivery Point complies with the Quality Specifications. 8.5 If: (i) the quality of Natural Gas redelivered by Carrier at the Redelivery Point does not comply with the Quality Specifications; and (ii) provided that Natural gas delivered by Shipper at the Delivery Point complied with the Quality Specifications as per GC 8.1; Shipper shall be entitled to refuse such Off-Spec Gas only in the event that said Off-Spec Gas is refused, or in the reasonable opinion of Carrier is likely to be refused, by the operator of the downstream gas transit system and such Off-Spec Gas shall be deemed as not redelivered at the Redelivery Point by Carrier for all purposes of this Agreement. In such case Carrier shall indemnify Shipper from and against any losses, damages and costs caused to Shipper, and deriving directly from the redelivery of such Off- Spec Gas by Carrier at the Redelivery Point, but only to the extent requested, properly and duly documented by Shipper on the basis of the requests and the documentation submitted by the operator of the downstream gas transit system.