KEEP WHOLE Sample Clauses

KEEP WHOLE. If gas produced from the Leased Premises is processed for liquefiable Hydrocarbons prior to sale, royalty payments will be calculated using the higher of the value of (i) the Gross Value of the Gross Production as though the gas had not been processed, or (ii) the dollar amount equal to the total of the consideration received by Lessee or its Affiliate for the sale of such liquefiable Hydrocarbons to an unaffiliated third party plus the total consideration received by Lessee or its Affiliate for the sale of all residue gas to an unaffiliated third party, with any and all Costs and Expenses deducted from or otherwise applied, directly or indirectly, to the sales prices for both liquefiable Hydrocarbons and residue gas added back to such sale prices.
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KEEP WHOLE. If oil or gas production from the Premises is processed in a plant for the extraction of gasoline, liquid hydrocarbons or other products, the value of the gross production shall for purposes of determining royalty due never be less than if such gas had not been processed.
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KEEP WHOLE. If on any day the quantity of gas delivered by Seller hereunder is less than, at a minimum, a quantity of gas equal to the BaseLoad quantity, minus a tolerance of five percent (5%), the “BaseLoad Deficiency Quantity” shall be the numerical difference between the BaseLoad Quantity less five percent (5%) and the amount of gas scheduled, and the Parties shall pay the following: If the “Daily Midpoint:’ price set forth in Gas Daily® (Financial Times Energy), or successor publication, in the column “Daily Price Survey” under the listing applicable to the geographic location agreed pursuant to the Transaction for the relevant day is greater than the Contract Price for the BaseLoad Quantity, then Seller shall pay Buyer an amount equal to (i) the BaseLoad Deficiency Quantity, multiplied by (ii) the difference between (a) the “Daily Midpoint” price set forth in Gas Daily® (Financial Times Energy), or successor publication, in the column “Daily Price Survey” under the listing applicable to Houston Ship Channel for the relevant day and (b) the Contract Price for the BaseLoad Quantity. If the “Daily Midpoint” price set forth in Gas Daily® (Financial Times Energy), or successor publication, in the column “Daily Price Survey” under the listing applicable to the geographic location agreed pursuant to the Transaction for the relevant day is less than the Contract Price for the BaseLoad Quantity, Buyer shall pay Seller an amount equal to (i) the BaseLoad Deficiency Quantity, multiplied by (ii) the difference between (a0 the Contract Price for the BaseLoad Quantity and (b) the “Daily Midpoint” price set forth in Gas Daily® (Financial Times Energy), or successor publication, in the column “Daily Price Survey” under the listing applicable to Houston Ship Channel for the relevant day; provided that Buyer shall have no obligation to pay Seller any amounts under this Section (ii), if Seller fails to provide Buyer notice in accordance with notice of Variance requirements set forth below. If on any day the quantity of gas delivered hereunder for any reason is greater than the BaseLoad quantity, plus a tolerance of five percent (5%), the “BaseLoad Excess Quantity” shall be the numerical difference between the BaseLoad Quantity plus the five percent (5%) tolerance and the mount of gas scheduled, and Buyer shall pay to Seller an amount equal to the Seller’s BaseLoad Excess Quantity multiplied by the “Daily Midpoint” price set forth in Gas Daily® (Financial Times Energy), or successor...
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KEEP WHOLE. If an employee is caused to lose days off because of an involuntary shift change, the employee will be paid at the applicable overtime rate during the first rotation of the new shift, for all hours worked on what would have been the employee’s scheduled days off on his previous shift. This section may not be used by an employee for the purpose of claiming overtime pay for training, unless authorized by Employer in writing.
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KEEP WHOLE. Within 30 days after the end of the Contract Year in which Grantee first purchases Supplemental Capacity, and each Contract Year thereafter, Grantee shall submit to the Auditor all information reasonably requested by the Auditor to determine whether Grantee has met the requirements for service to Electric Displacement Load and On-site Generation Load applicable to the capacity acquired by Grantee. If the Auditor finds that Grantee’s Customers (in aggregate) failed to utilize the required amount of Electric Displacement Load or On-site Generation Load, then Grantee shall keep Grantor whole by paying Grantor the Keep-Whole Rate, defined below, that would have been paid by those of Grantee’s Customers whose non-EDL consumption caused Grantee to fall short of its EDL Target (“Keep-Whole Payment”). No Keep- Whole Payments shall be required by either party if Grantee exceeds its EDL Target. In order to calculate the Keep-Whole Payment the Auditor shall make the following findings: i) Keep-Whole Volumes (in Mcf) for Supplemental Capacity where Grantee has used 20 Bcf or less of capacity: Keep-Whole Volumes = ¾ (non-EDL consumption – 5.5 Bcf – EDL consumption) ii) Keep-Whole Volumes (in Mcf) for Supplemental Capacity and Growth Capacity where Grantee has used more than 20 Bcf of capacity shall be the sum of Keep-Whole VolumesEDL and Keep-Whole VolumesOGL: Keep-Whole VolumesOGL = (Total consumption – 20 Bcf) – OGL consumption Keep-Whole VolumesEDL = ¾ (non-EDL consumption – 5.5 Bcf – EDL consumption) For purposes of calculating Keep-Whole VolumesEDL in Section 3(g)(ii), non- EDL consumption shall never be greater than 20 Bcf. For the purpose of determining Keep-Whole Volumes, consumption is determined by actual metered volumes or if EDL and OGL are not separately metered, a reasonable allocation of metered volumes as approved by the Auditor. Negative Keep-Whole Volumes, Negative Keep-Whole VolumesOGL, and Negative Keep-Whole VolumesEDL shall be deemed to be equal to zero. iii) Grantee’s Customers to whom Keep-Whole Volumes were delivered. For purposes of this calculation, the Auditor shall assume that Keep-Whole Volumes were delivered under the last agreement(s) executed with Grantee for deliveries using capacity acquired under this Agreement; iv) The lowest cost-based MPSC approved rates (both distribution and customer service charge) that each of Grantee’s Customers with Keep-Whole Volumes would have paid Grantor under its then current Tariff (“Keep-Whole Rate”)....
Sample 1
KEEP WHOLE. Notwithstanding any other provision of this lease to the contrary, Lessee may not pay a royalty hereunder for Processed Gas that is less than the royalty that would have been due under section 4(b) for the total energy content of the Processing Plant inlet Gas if it had not been processed.
Sample 1
KEEP WHOLE. If Gas produced from the Leased Premises is processed for liquefiable hydrocarbons prior to sale, royalty payments will be calculated using the higher of the value of (i) Gross Production as though the Gas had not been processed, or (ii) the dollar amount equal to the total of the consideration received for the sale of such liquefiable hydrocarbons plus the total consideration received for the sale of all residue gas, with all Costs and Expenses other than depreciation added back to the sale prices for both liquefiable hydrocarbons and residue gas.
Sample 1
KEEP WHOLE. Disposition Amount shall mean the following: ----------------------------- KWDA=[(A-B) x (C-D)] + E where KWDA = the Keep Whole Disposition Amount;
Sample 1
KEEP WHOLE. If Produced Substances are processed for the extraction of gasoline, liquid hydrocarbons or other products, royalty payments due will be calculated using the value of the Gross Production as though the Produced Substances had not been processed and will be calculated pursuant to Section 3 above. •3 C, o~ ".. u_ "' >- x>--=
Sample 1

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