Common use of MEASUREMENT AND METER TESTING Clause in Contracts

MEASUREMENT AND METER TESTING. 9.1. The unit of volume for measurement of Gas delivered hereunder shall be one thousand (1,000) cubic feet of Gas (or MCF) at a base temperature of 60 degrees Fahrenheit and at an absolute pressure of 14.65 psia and saturated with water vapor. All fundamental constants, observations, records, and procedures involved in determining the quantity of Gas delivered hereunder shall be in accordance with the standards prescribed in Report Nos. 3 and 8, of the American Gas Association, as amended or supplemented from time to time, respectively. It is agreed that for the purpose of measurement and computations hereunder, the atmospheric pressure shall be assumed to be 14.7 psia regardless of the atmospheric pressure at which the Gas is measured and that the Gas obeys the Ideal Gas Laws as to variations of volume with pressure and specific gravity, including the deviation from Xxxxx’x law, shall all be made by Gatherer in accordance with applicable rules, regulations, and orders. It is also agreed that the Gatherer may apply a uniform correction factor for water vapor if they deem necessary in their sole and absolute discretion. 9.2. Gatherer shall install, maintain, and operate, or cause to be maintained and operated, a measuring station located at each Receipt Point and Delivery Point. Said measuring station(s) shall be so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and design commonly acceptable in the industry, and of suitable size and design, as to accomplish the accurate measurement of Gas delivered hereunder. The changing and integration of the charts (if utilized for measurement purposes hereunder) and calibrating and adjusting of meters shall be done by Gatherer. Gatherer shall have the right to utilize electronic gas measuring equipment should it so desire. 9.3. Producer may, at its option and expense, install check meters for checking Gatherer’s metering equipment at each Receipt Point; and the same shall be so installed as not to interfere with the operation of the Gathering System. 9.4. The temperature of the Gas flowing through the meter shall be determined by the continuous use of a recording thermometer or device installed by Gatherer, so that it will properly record the temperature of the Gas flowing through the meter. 9.5. The specific gravity of the Gas flowing through the meter shall be determined by methods commonly accepted in the industry. Specific gravities so determined will be used in calculating Gas deliveries until the next specific gravity test is made. 9.6. Each Party shall have the right to be present at the time of any installation, reading, sampling, cleaning, changing, repair, inspection, testing, calibration, or adjustment done in connection with the other Party’s measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within thirty (30) days after receipt thereof. If meters utilizing charts are used to measure Gas hereunder, then the charts shall be kept on file for a period of two (2) years, or such longer period as may be required by law. In addition, any other measurement data shall also be kept for the same time period. Each Party, during each of the first three production months, and after that at least semi-annually, or more often if necessary, shall calibrate the meters and instruments installed by it or cause the same to be calibrated. Gatherer shall give Producer ten (10) days notice in advance of such tests so that the latter may, at its election, be present in person or by its representative to observe adjustments, if any are made. 9.7. If the metering equipment is found to be inaccurate by two percent (2%) or more, registration thereof and any payment based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period extending back one-half of the time elapsed since the last day of the calibration. Unless conclusively determined that Gatherer’s measurement equipment is inaccurate by two percent (2%) or more, Gatherer’s measurement shall be deemed to be correct for all purposes hereunder, and no adjustment shall be made to the previous volumes. Following any test, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to measure accurately. If for any reason any meter is out of service or out of repair so that the quantity of Gas delivered through such meter cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during such period shall be estimated and agreed upon by the Parties hereto upon the basis of the best available data using the first of the following methods which is feasible: a. By using the registration of any check measuring equipment of Producer, if installed and registering accurately; b. By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; or c. By estimating the quantity of deliveries during preceding periods under similar conditions when the meter was registering accurately. 9.8. If Producer shall notify Gatherer, or if Gatherer shall notify Producer, at any time that a special test of any Receipt Point meter is desired, the Parties shall cooperate to secure an immediate verification of the accuracy of such meter and joint observation of any adjustments. All tests of Gatherer’s measuring equipment at any Receipt Point shall be made at Gatherer’s expense, except that the Producer shall bear the expense of tests made at its request if the inaccuracy found is less than two percent (2%). Expense as used in this Paragraph 9.8 shall be limited to actual costs of Gatherer as the result of testing and shall not include any costs incurred by Producer as the result of witnessing said testing. 9.9. If during any month less than 1,000 MCF of Gas is delivered to a Receipt Point, (except for reasons of Force Majeure), then Gatherer shall charge a meter fee applicable to any such Receipt Point equal to four hundred dollars ($400.00). Such fee shall be invoiced to Producer and payable thirty (30) days after receipt of such invoice. 9.10. The Parties hereto recognize and acknowledge that technological advances may occur over the term of this Agreement which may render certain measurement devices obsolete, or less accurate, or less efficient than that which may be available. In such event, Gatherer may, with Producer’s approval, substitute or utilize such available measurement equipment in lieu of any measurement equipment described above in this Section 9. 9.11. If for any reason the Gas is delivered to Gatherer at a Receipt Point with pulsations that affect the accuracy of the measurement, Producer shall be responsible for installing necessary pulsation dampeners, or other devices, to eliminate or reduce the pulsations to an acceptable level determined by Gatherer

MEASUREMENT AND METER TESTING. 9.1. 9.1 The unit of volume for measurement of Gas delivered hereunder shall be one thousand (1,000) cubic feet of Gas (or MCF) at a base temperature of 60 sixty (60) degrees Fahrenheit and at an absolute pressure of 14.65 psia and saturated with water vapor. All fundamental constants, observations, records, and procedures involved in determining the quantity of Gas delivered hereunder shall be in accordance with the standards prescribed in Report Nos. 3 and 8, of the American Gas Association, as amended or supplemented from time to time, respectively. It is agreed that for the purpose of measurement and computations hereunder, the atmospheric pressure shall be assumed to be 14.7 psia regardless of the atmospheric pressure at which the Gas is measured and that the Gas obeys the Ideal Gas Laws as to variations of volume with pressure and specific gravity, including the deviation from Xxxxx’x Bxxxx’x law, shall all be made by Gatherer and Processor in accordance with applicable rules, regulations, and orders. It is also agreed that the Gatherer and Processor may apply a uniform correction factor for water vapor if they deem necessary in their sole and absolute discretion. 9.2. 9.2 Gatherer shall install, maintain, and operate, or cause to be maintained and operated, a measuring station located at each Receipt Point Gathering System Delivery Point, the Residue Gas Delivery Point(s) and the Plant Products Delivery Point. Processor shall install, maintain, and operate a measuring station located downstream of the separation facilities at each Plant Delivery Point. Said measuring station(s) shall be so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and design commonly acceptable in the industry, and of suitable size and design, as to accomplish the accurate measurement of Gas delivered hereunder. The changing and integration of the charts (if utilized for measurement purposes hereunder) and calibrating and adjusting of meters shall be done by GathererGatherer or Processor, as appropriate. Gatherer and Processor shall have the right to utilize electronic gas measuring equipment should it they so desire. 9.3. 9.3 Processor shall measure or cause to be measured the volume of Plant Products in gallons. 9.4 Producer may, at its option and expense, install check meters for checking Gatherer’s metering equipment at each Receipt Gathering System Delivery Point; and the same shall be so installed as not to interfere with the operation of the Gathering SystemFacilities. 9.4. 9.5 The temperature of the Gas flowing through the meter shall be determined by the continuous use of a recording thermometer or device installed by GathererGatherer or Processor, as the case may be, so that it will properly record the temperature of the Gas flowing through the meter. 9.5. 9.6 The specific gravity of the Gas flowing through the meter shall be determined by methods commonly accepted in the industry. Specific gravities so determined will be used in calculating Gas deliveries until the next specific gravity test is made. 9.6. 9.7 Each Party shall have the right to be present at the time of any installationinstalling, reading, sampling, cleaning, changing, repairrepairing, inspectioninspecting, testing, calibrationcalibrating, or adjustment adjusting done in connection with the other Partyother’s measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within thirty (30) days after receipt thereof. If meters utilizing charts are used to measure Gas hereunder, then the charts shall be kept on file for a period of two (2) years, or such longer period as may be required by law. In addition, any other measurement data shall also be kept for the same time period. Each Party, during each of the first three production months, and after that at least semi-annually, or more often if necessary, shall calibrate the meters and instruments installed by it or cause the same to be calibrated. Gatherer shall give Producer ten (10) days notice in advance of such tests so that the latter may, at its election, be present in person or by its representative to observe adjustments, if any are made. 9.7. 9.8 If the metering equipment is found to be inaccurate by two percent (2%) or more, registration thereof and any payment based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period extending back one-half of the time elapsed since the last day of the calibration. Unless conclusively determined that either Gatherer’s or Processor’s measurement equipment is inaccurate by two percent (2%) or more, Gatherer’s or Processor’s, as the case may be, measurement shall be deemed to be correct for all purposes hereunder, and no adjustment shall be made to the previous volumes. Following any test, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to measure accurately. If for any reason any meter is out of service or out of repair so that the quantity of Gas delivered through such meter cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during such period shall be estimated and agreed upon by the Parties hereto upon the basis of the best available data using the first of the following methods which is feasible: a. By using the registration of any check measuring equipment of Producer, if installed and registering accurately; b. By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; or c. By estimating the quantity of deliveries during preceding periods under similar conditions when the meter was registering accurately. 9.8. 9.9 If Producer shall notify Gatherer, or if Gatherer shall notify Producer, at any time that a special test of any Receipt Gathering System Delivery Point meter is desired, the Parties shall cooperate to secure an immediate verification of the accuracy of such meter and joint observation of any adjustments. All tests of Gatherer’s measuring equipment at any Receipt Gathering System Delivery Point shall be made at Gatherer’s expense, except that the Producer shall bear the expense of tests made at its request if the inaccuracy found is less than two percent (2%). Expense as used in this Paragraph 9.8 Section 9.9 shall be limited to actual costs of Gatherer as the result of testing and shall not include any costs incurred by Producer as the result of witnessing said testing. 9.9. 9.10 If during any month less than 1,000 MCF of Gas is delivered to a Receipt Gathering System Delivery Point, (except for reasons of Force Majeure), then Gatherer shall charge a meter fee applicable to any such Receipt Gathering System Delivery Point equal to four hundred dollars ($400.00). Such fee shall be deducted from the compensation otherwise due Producer under this Agreement; or, at Gatherer’s election, Producer may be invoiced to Producer and for such amount payable thirty (30) days after receipt of such invoicereceipt. 9.10. 9.11 The Parties hereto recognize and acknowledge that technological advances may occur over the term of this Agreement which may render certain measurement devices obsolete, or less accurate, or less efficient than that which may be available. In such event, Gatherer or Processor may, with Producer’s approval, substitute or utilize such available measurement equipment in lieu of any measurement equipment described above in this Section 9Article IX. 9.11. 9.12 If for any reason the Gas is delivered to Gatherer at a Receipt Point Gathering System Delivery Point, with pulsations that affect the accuracy of the measurement, Producer shall be responsible for installing necessary pulsation dampeners, or other devices, to eliminate or reduce the pulsations to an acceptable level determined by Gatherer.

MEASUREMENT AND METER TESTING. 9.1. 9.1 The unit of volume for measurement of Gas delivered hereunder shall be one thousand (1,000) cubic feet of Gas (or MCF) at a base temperature of 60 sixty (60) degrees Fahrenheit and at an absolute pressure of 14.65 psia and saturated with water vapor. All fundamental constants, observations, records, and procedures involved in determining the quantity of Gas delivered hereunder shall be in accordance with the standards prescribed in Report Nos. 3 and 8, of the American Gas Association, as amended or supplemented from time to time, respectively. It is agreed that for the purpose of measurement and computations hereunder, the atmospheric pressure shall be assumed to be 14.7 psia regardless of the atmospheric pressure at which the Gas is measured and that the Gas obeys the Ideal Gas Laws as to variations of volume with pressure and specific gravity, including the deviation from Xxxxx’x Xxxxx'x law, shall all be made by Gatherer and Processor in accordance with applicable rules, regulations, and orders. It is also agreed that the Gatherer and Processor may apply a uniform correction factor for water vapor if they deem necessary in their sole and absolute discretion. 9.2. 9.2 Gatherer shall install, maintain, and operate, or cause to be maintained and operated, a measuring station located at each Receipt Point Gathering System Delivery Point, the Residue Gas Delivery Point(s) and the Plant Products Delivery Point. Processor shall install, maintain, and operate a measuring station located downstream of the separation facilities at each Plant Delivery Point. Said measuring station(s) shall be so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and design commonly acceptable in the industry, and of suitable size and design, as to accomplish the accurate measurement of Gas delivered hereunder. The changing and integration of the charts (if utilized for measurement purposes hereunder) and calibrating and adjusting of meters shall be done by GathererGatherer or Processor, as appropriate. Gatherer and Processor shall have the right to utilize electronic gas measuring equipment should it they so desire. 9.3. 9.3 Processor shall measure or cause to be measured the volume of Plant Products in gallons. 9.4 Producer may, at its option and expense, install check meters for checking Gatherer’s metering equipment at each Receipt Gathering System Delivery Point; and the same shall be so installed as not to interfere with the operation of the Gathering SystemFacilities. 9.4. 9.5 The temperature of the Gas flowing through the meter shall be determined by the continuous use of a recording thermometer or device installed by GathererGatherer or Processor, as the case may be, so that it will properly record the temperature of the Gas flowing through the meter. 9.5. 9.6 The specific gravity of the Gas flowing through the meter shall be determined by methods commonly accepted in the industry. Specific gravities so determined will be used in calculating Gas deliveries until the next specific gravity test is made. 9.6. 9.7 Each Party shall have the right to be present at the time of any installationinstalling, reading, sampling, cleaning, changing, repairrepairing, inspectioninspecting, testing, calibrationcalibrating, or adjustment adjusting done in connection with the other Party’s other's measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within thirty (30) days after receipt thereof. If meters utilizing charts are used to measure Gas hereunder, then the charts shall be kept on file for a period of two (2) years, or such longer period as may be required by law. In addition, any other measurement data shall also be kept for the same time period. Each Party, during each of the first three production months, and after that at least semi-annually, or more often if necessary, shall calibrate the meters and instruments installed by it or cause the same to be calibrated. Gatherer shall give Producer ten (10) days notice in advance of such tests so that the latter may, at its election, be present in person or by its representative to observe adjustments, if any are made. 9.7. 9.8 If the metering equipment is found to be inaccurate by two percent (2%) or more, registration thereof and any payment based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period extending back one-half of the time elapsed since the last day of the calibration. Unless conclusively determined that either Gatherer’s or Processor's measurement equipment is inaccurate by two percent (2%) or more, Gatherer’s or Processor's, as the case may be, measurement shall be deemed to be correct for all purposes hereunder, and no adjustment shall be made to the previous volumes. Following any test, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to measure accurately. If for any reason any meter is out of service or out of repair so that the quantity of Gas delivered through such meter cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during such period shall be estimated and agreed upon by the Parties hereto upon the basis of the best available data using the first of the following methods which is feasible: a. By using the registration of any check measuring equipment of Producer, if installed and registering accurately; b. By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; or c. By estimating the quantity of deliveries during preceding periods under similar conditions when the meter was registering accurately. 9.8. 9.9 If Producer shall notify Gatherer, or if Gatherer shall notify Producer, at any time that a special test of any Receipt Gathering System Delivery Point meter is desired, the Parties shall cooperate to secure an immediate verification of the accuracy of such meter and joint observation of any adjustments. All tests of Gatherer’s measuring equipment at any Receipt Gathering System Delivery Point shall be made at Gatherer’s expense, except that the Producer shall bear the expense of tests made at its request if the inaccuracy found is less than two percent (2%). Expense as used in this Paragraph 9.8 Section 9.9 shall be limited to actual costs of Gatherer as the result of testing and shall not include any costs incurred by Producer as the result of witnessing said testing. 9.9. 9.10 If during any month less than 1,000 MCF of Gas is delivered to a Receipt Gathering System Delivery Point, (except for reasons of Force Majeure), then Gatherer shall charge a meter fee applicable to any such Receipt Gathering System Delivery Point equal to four hundred dollars ($400.00). Such fee shall be deducted from the compensation otherwise due Producer under this Agreement; or, at Gatherer’s election, Producer may be invoiced to Producer and for such amount payable thirty (30) days after receipt of such invoicereceipt. 9.10. 9.11 The Parties hereto recognize and acknowledge that technological advances may occur over the term of this Agreement which may render certain measurement devices obsolete, or less accurate, or less efficient than that which may be available. In such event, Gatherer or Processor may, with Producer’s 's approval, substitute or utilize such available measurement equipment in lieu of any measurement equipment described above in this Section 9ARTICLE IX. 9.11. 9.12 If for any reason the Gas is delivered to Gatherer at a Receipt Gathering System Delivery Point with pulsations that affect the accuracy of the measurement, Producer shall be responsible for installing necessary pulsation dampeners, or other devices, to eliminate or reduce the pulsations to an acceptable level determined by Gatherer.

MEASUREMENT AND METER TESTING. 9.1. The unit of volume for measurement of Gas delivered hereunder shall be one thousand (1,000) cubic feet of Gas (or MCF) at a base temperature of 60 degrees Fahrenheit and at an absolute pressure of 14.65 psia and saturated with water vapor. All fundamental constants, observations, records, and procedures involved in determining the quantity of Gas delivered hereunder shall be in accordance with the standards prescribed in Report Nos. 3 and 8, of the American Gas Association, as amended or supplemented from time to time, respectively. It is agreed that for the purpose of measurement and computations hereunder, the atmospheric pressure shall be assumed to be 14.7 14.65 psia regardless of the atmospheric pressure at which the Gas is measured and that the Gas obeys the Ideal Gas Laws as to variations of volume with pressure and specific gravity, including the deviation from Xxxxx’x Xxxxx'x law, and shall all be made by Gatherer in accordance with applicable rules, regulations, and orders. It is also agreed that the Gatherer may apply a uniform correction factor for water vapor if they deem Gatherer deems necessary in their its sole and absolute discretion. 9.2. Gatherer shall install, maintain, and operate, or cause to be maintained and operated, a measuring station located at each Receipt Point and Delivery Point. Said measuring station(s) shall be so equipped with orifice meters, recording gauges, PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT or other types of meter or meters of standard make and design commonly acceptable in the industry, and of suitable size and design, as to accomplish the accurate measurement of the Subject Gas delivered hereunder. The changing and integration of the charts (if utilized for measurement purposes hereunder) and calibrating and adjusting of meters shall be done by Gatherer. Gatherer shall have the right to utilize electronic gas measuring equipment should it so desire. 9.3. Producer may, at its option and expense, install check meters for checking Gatherer’s 's metering equipment at each Receipt Point; and the same shall be so installed as not to interfere with the operation of the Gathering System. 9.4. The temperature of the Subject Gas flowing through the meter shall be determined by the continuous use of a recording thermometer or device installed by Gatherer, so that it will properly record the temperature of the Subject Gas flowing through the meter. 9.5. The specific gravity of the Subject Gas flowing through the meter shall be determined by methods commonly accepted in the industry. Specific gravities so determined will be used in calculating the Subject Gas deliveries until the next specific gravity test is made. 9.6. Each Party shall have the right to be present at the time of any installation, reading, sampling, cleaning, changing, repair, inspection, testing, calibration, or adjustment done in connection with the other Party’s 's measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within thirty (30) days after receipt thereof. If meters utilizing charts are used to measure the Subject Gas hereunder, then the charts shall be kept on file for a period of two (2) years, or such longer period as may be required by law. In addition, any other measurement data shall also be kept for the same time period. Each Party, during each of the first three production monthsmonth, and after that at least semi-annually, or more often if necessary, shall calibrate the meters and instruments installed by it or cause the same to be calibrated. Gatherer shall give Producer ten (10) days notice in advance of such tests so that the latter may, at its election, be present in person or by its representative to observe adjustments, if any are made. 9.7. If the metering equipment is found to be inaccurate by two percent (2%) or more, registration thereof and any payment based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT extending back one-half of the time elapsed since the last day of the calibration. Unless conclusively determined that Gatherer’s 's measurement equipment is inaccurate by two percent (2%) or more, Gatherer’s 's measurement shall be deemed to be correct for all purposes hereunder, and no adjustment shall be made to the previous volumes. Following any test, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to measure accurately. If for any reason any meter is out of service or out of repair so that the quantity of the Subject Gas delivered through such meter cannot be ascertained or computed from the readings thereof, the quantity of the Subject Gas so delivered during such period shall be estimated and agreed upon by the Parties hereto upon the basis of the best available data using the first of the following methods which is feasible: a. By using the registration of any check measuring equipment of Producer, if installed and registering accurately; b. By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; or c. By estimating the quantity of deliveries during preceding periods under similar conditions when the meter was registering accurately. 9.8. If Producer shall notify Gatherer, or if Gatherer shall notify Producer, at any time that a special test of any Receipt Point meter is desired, the Parties shall cooperate to secure an immediate verification of the accuracy of such meter and joint observation of any adjustments. All tests of Gatherer’s 's measuring equipment at any Receipt Point shall be made at Gatherer’s 's expense, except that the Producer shall bear the expense of tests made at its request if the inaccuracy found is less than two percent (2%). Expense as used in this Paragraph Section 9.8 shall be limited to actual out-of-pocket costs of Gatherer as the result of testing and shall not include any costs incurred by Producer as the result of witnessing said testing. 9.9. If during any month less than 1,000 MCF of Gas is delivered to a Receipt Point, (except for reasons of Force Majeure), then Gatherer shall charge a meter PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT fee applicable to any such Receipt Point equal to four hundred dollars ($400.00***). Such fee shall be invoiced to Producer and payable thirty (30) days after receipt of such invoice. 9.10. The Parties hereto recognize and acknowledge that technological advances may occur over the term of this Agreement which may render certain measurement devices obsolete, or less accurate, or less efficient than that which may be available. In such event, Gatherer may, with Producer’s 's approval, substitute or utilize such available measurement equipment in lieu of any measurement equipment described above in this Section 9. 9.11. If for any reason the Subject Gas is delivered to Gatherer at a Receipt Point with pulsations that affect the accuracy of the measurement, Producer shall be responsible for installing necessary pulsation dampeners, or other devices, to eliminate or reduce the pulsations to an a reasonably acceptable level determined by Gatherer

MEASUREMENT AND METER TESTING. 9.1. The unit of volume for measurement of Gas delivered hereunder shall be one thousand (1,000) cubic feet of Gas (or MCF) at a base temperature of 60 sixty (60) degrees Fahrenheit and at an absolute pressure of 14.65 psia and saturated with water vapor. All fundamental constants, observations, records, and procedures involved in determining the quantity of the Subject Gas delivered hereunder shall be in accordance with the standards prescribed in Report Nos. 3 and 8, of the American Gas Association, as amended or supplemented from time to time, respectively. It is agreed that for the purpose of measurement and computations hereunder, the atmospheric pressure shall be assumed to be 14.7 14.65 psia regardless of the atmospheric pressure at which the Gas is measured and that the Gas obeys the Ideal Gas Laws as to variations of volume with pressure and specific gravity, including the deviation from Xxxxx’x Xxxxx'x law, shall all be made by Gatherer and Processor in accordance with applicable rules, regulations, and orders. It is also agreed that the Gatherer and Processor may apply a uniform correction factor for water vapor if they deem necessary in their sole and absolute discretion. 9.2. Gatherer shall install, maintain, and operate, or cause to be maintained and operated, a measuring station located at each Receipt Gathering System Delivery Point, the Residue Gas Delivery Point(s), the Mash Unit Redelivery Point and the Plant Products Delivery Point. Processor shall install, maintain, and operate a measuring station located downstream of the separation facilities at each Plant Delivery Point. Said measuring station(s) shall be so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and design commonly acceptable in the industry, and of suitable size and design, as to accomplish the accurate measurement of the Subject Gas delivered hereunder. The changing and integration of the charts (if utilized for measurement purposes hereunder) and calibrating and adjusting of meters shall be done by GathererGatherer or Processor, as appropriate. Gatherer and Processor shall have the right to utilize electronic gas measuring equipment should it they so desire. 9.3. Processor shall measure or cause to be measured the volume of Plant Products in gallons. 9.4. Producer may, at its option and expense, install check meters for checking Gatherer’s 's metering equipment at each Receipt Gathering System Delivery Point and the Mash Unit Redelivery Point; and the same shall be so installed as not to interfere with the operation of the Gathering SystemFacilities. 9.49.5. The temperature of the Subject Gas flowing through the meter shall be determined by the continuous use of a recording thermometer or device installed by GathererGatherer or Processor, as the case may be, so that it will properly record the temperature of the Subject Gas flowing through the meter. 9.59.6. The specific gravity of the Subject Gas flowing through the meter shall be determined by methods commonly accepted in the industry. Specific gravities so determined will be used in calculating the Subject Gas deliveries until the next specific gravity test is made. 9.69.7. Each Party shall have the right to be present at the time of any installationinstalling, reading, sampling, cleaning, changing, repairrepairing, inspectioninspecting, testing, calibrationcalibrating, or adjustment adjusting done in connection with the other Party’s other's measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within thirty (30) days after receipt thereof. If meters utilizing charts are used to measure the Subject Gas hereunder, then the charts shall be kept on file for a period of two (2) years, or such longer period as may be required by law. In addition, any other measurement data shall also be kept for the same time period. Each Party, during each of the first three production months, and after that at least semi-annually, or more often if necessary, shall calibrate the meters and instruments installed by it or cause the same to be calibrated. Gatherer shall give Producer ten (10) days notice in advance of such tests so that the latter may, at its election, be present in person or by its representative to observe adjustments, if any are made. 9.79.8. If the metering equipment is found to be inaccurate by two percent (2%) or more, registration thereof and any payment based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period extending back one-half of the time elapsed since the last day of the calibration. Unless conclusively determined that either Gatherer’s 's or Processor's measurement equipment is inaccurate by two percent (2%) or more, Gatherer’s 's or Processor's, as the case may be, measurement shall be deemed to be correct for all purposes hereunder, and no adjustment shall be made to the previous volumes. Following any test, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to measure accurately. If for any reason any meter is out of service or out of repair so that the quantity of the Subject Gas delivered through such meter cannot be ascertained or computed from the readings thereof, the quantity of the Subject Gas so delivered during such period shall be estimated and agreed upon by the Parties hereto upon the basis of the best available data using the first of the following methods which is feasible: a. By using the registration of any check measuring equipment of Producer, if installed and registering accurately; b. By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; or c. By estimating the quantity of deliveries during preceding periods under similar conditions when the meter was registering accurately. 9.89.9. If Producer shall notify Gatherer, or if Gatherer shall notify Producer, at any time that a special test of any Receipt Gathering System Delivery Point or the Mash Unit Redelivery Point meter is desired, the Parties shall cooperate to secure an immediate verification of the accuracy of such meter and joint observation of any adjustments. All tests of Gatherer’s 's measuring equipment at any Receipt Gathering System Delivery Point or the Mash Unit Redelivery Point shall be made at Gatherer’s 's expense, except that the Producer shall bear the expense of tests made at its request if the inaccuracy found is less than two percent (2%). Expense as used in this Paragraph 9.8 Section 9.9 shall be limited to actual out-of-pocket costs of Gatherer as the result of testing and shall not include any costs incurred by Producer as the result of witnessing said testing. 9.99.10. If during any month less than 1,000 MCF of Subject Gas is delivered to a Receipt Point, Gathering System Delivery Point or the Mash Unit Redelivery Point (except for reasons of Force Majeureforce majeure), then Gatherer shall charge a meter fee applicable to any such Receipt Gathering System Delivery Point or the Mash Unit Redelivery Point, as applicable, equal to four hundred dollars ($400.00***). Such fee shall be deducted from the compensation otherwise due Producer under this Agreement; or, at Gatherer's election, Producer may be invoiced to Producer and for such amount payable thirty (30) days after receipt of such invoicereceipt. 9.109.11. The Parties hereto recognize and acknowledge that technological advances may occur over the term of this Agreement which may render certain measurement devices obsolete, or less accurate, or less efficient than that which may be available. In such event, Gatherer or Processor may, with Producer’s 's approval, substitute or utilize such available measurement equipment in lieu of any measurement equipment described above in this Section 9ARTICLE IX. 9.119.12. If for any reason the Subject Gas is delivered to Gatherer at a Receipt Gathering System Delivery Point with pulsations that affect the accuracy of the measurement, Producer shall be responsible for installing necessary pulsation dampeners, or other devices, to eliminate or reduce the pulsations to an a reasonably acceptable level determined by Gatherer.

MEASUREMENT AND METER TESTING. 9.1. 9.1 The unit of volume for measurement of Gas delivered hereunder shall be one thousand (1,000) 1,000 cubic feet of Gas (or MCF) at a base temperature of 60 degrees Fahrenheit and at an absolute pressure of 14.65 psia and saturated with water vapor. All fundamental constants, observations, records, and procedures involved in determining the quantity of Gas delivered hereunder shall be in accordance with the standards prescribed in Report NosNo. 3 and 8, of the American Gas Association, as amended or supplemented now and from time to time, respectivelytime amended or supplemented. It is agreed that for the purpose of measurement and computations hereunder, the atmospheric pressure shall be assumed to be 14.7 psia regardless of the atmospheric pressure at which the Gas is measured and that the Gas obeys the Ideal Gas Laws as to variations of volume with pressure and specific gravity, including the deviation from Xxxxx’x Bxxxx’x law, shall all be made by Gatherer Processor in accordance with applicable rules, regulations, and ordersorders promulgated by the Railroad Commission of Texas pursuant to the Standard Gas Measurement Law of Texas. It is also agreed that the Gatherer Processor may apply a uniform correction factor for water vapor if they deem necessary in their sole and absolute discretionthe Processor deems necessary. 9.2. Gatherer 9.2 Processor shall install, maintain, and operate, or cause to be maintained and operated, operate a measuring station located at each Receipt Point and Delivery Point. Said measuring station(s) shall be so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and design commonly acceptable in the industry, and of suitable size and design, as to accomplish the accurate measurement of Gas delivered hereunder. The changing and integration of the charts (if utilized for measurement purposes hereunder) and calibrating and adjusting of meters shall be done by GathererProcessor. Gatherer shall have the right to utilize At Processor’s election, electronic gas measuring equipment should it so desiremay be used. 9.3. 9.3 Processor shall measure or cause to be measured the volume of Plant Products in gallons. 9.4 Producer may, at its option and expense, install check meters for checking GathererProcessor’s metering equipment at each Receipt Pointequipment; and the same shall be so installed as not to interfere with the operation of the Gathering SystemProcessor’s Facilities. 9.4. 9.5 The temperature of the Gas flowing through the meter shall be determined by the continuous use of a recording thermometer or device installed by Gatherer, Processor so that it will properly record the temperature of the Gas flowing through the meter. 9.5. 9.6 The specific gravity of the Gas flowing through the meter shall be determined by methods commonly accepted in the industry. Specific gravities so determined will be used in calculating Gas deliveries until the next specific gravity test is made. 9.6. 9.7 Each Party party shall have the right to be present at the time of any installationinstalling, reading, sampling, cleaning, changing, repairrepairing, inspectioninspecting, testing, calibrationcalibrating, or adjustment adjusting done in connection with the other Partyother’s measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within thirty (30) 30 days after receipt thereof. If meters utilizing charts are used to measure Gas hereunder, then the charts shall be kept on file for a period of two (2) years, or such longer period as may be required by law. In addition, any other measurement data shall also be kept for the same time period. Each Partyparty, during each of the first three production months, and after that at least semi-annuallyquarterly, or more often if necessary, shall calibrate the meters and instruments installed by it or cause the same to be calibrated. Gatherer Processor shall give the Producer ten (10) days notice in advance of such tests so that the latter may, at its election, be present in person or by its representative to observe adjustments, if any which are made. 9.7. 9.8 If the metering equipment is found to be inaccurate by two percent (2%) or more, registration thereof and any payment based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period extending back one-half of the time elapsed since the last day of the calibration, not exceeding, however, 90 days. If, however, the metering equipment is on a well that averaged more than five MMCFD for the production month, the factor shall be one percent or more in lieu of two percent or more. Unless conclusively determined that GathererProcessor’s measurement equipment is inaccurate by two percent (2%) or more, Gathereror one percent or more, as applicable, Processor’s measurement shall be deemed to be correct for all purposes hereunder, and no adjustment shall be made to the previous volumes. Following any test, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to measure accurately. If for any reason any meter is out of service or out of repair so that the quantity of Gas delivered through such meter cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during such period shall be estimated and agreed upon by the Parties parties hereto upon the basis of the best available data using the first of the following methods which is feasible:. a. By using the registration of any check measuring equipment of Producer, if installed and registering accurately; b. By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; or c. By estimating the quantity of deliveries during preceding periods under similar conditions when the meter was registering accurately. 9.8. 9.9 If Producer shall notify GathererProcessor, or if Gatherer Processor shall notify Producer, at any time that a special test of any Receipt Point meter is desired, the Parties parties shall cooperate to secure an immediate verification of the accuracy of such meter and joint observation of any adjustments. All tests of GathererProcessor’s measuring equipment at any Receipt Point shall be made at GathererProcessor’s expense, except that the Producer shall bear the expense of tests made at its request if the inaccuracy found is less than two percent (2%)percent. Expense as used in this Paragraph 9.8 herein shall be limited to actual costs of Gatherer Processor as the result of testing and shall not include any costs incurred by Producer as the result of witnessing said testing. 9.9. 9.10 If during any month less than 1,000 MCF three MMCF of Gas is delivered to a Receipt Delivery Point, (except for reasons of Force Majeure), then Gatherer Processor shall charge a meter fee applicable to any such Receipt Delivery Point equal to four hundred dollars ($400.00)200.00. Such fee shall be deducted from the compensation otherwise due Producer under this Agreement; or, at Processor’s election, Producer may be invoiced to Producer and for such amount payable thirty (30) 30 days after receipt of such invoicereceipt. 9.10. 9.11 The Parties parties hereto recognize and acknowledge that technological advances may occur over the term of this Agreement which may render certain measurement devices obsolete, or less accurate, or less efficient than that which may be available. In such event, Gatherer Processor may, with Producer’s approval, substitute or utilize such available measurement equipment in lieu of any measurement equipment described above in this Section 9Article IX. 9.11. 9.12 If for any reason the Producer’s Gas is delivered to Gatherer the Processor at a Receipt the Delivery Point with pulsations that affect the accuracy of the measurement, the Producer shall be responsible for installing necessary pulsation dampeners, or other devices, to eliminate or reduce the pulsations to an acceptable level determined by Gathererthe Processor.

MEASUREMENT AND METER TESTING. 9.1. 9.1 The unit of volume for measurement of Gas delivered hereunder shall be one thousand (1,000**) cubic feet of Gas (or MCF) at a base temperature of 60 (**) degrees Fahrenheit and at an absolute pressure of 14.65 (**) psia and saturated with water vapor. All fundamental constants, observations, records, and procedures involved in determining the quantity of Gas delivered hereunder shall be in accordance with the standards prescribed in Report NosNo. 3 and 8, of the American Gas Association, as amended or supplemented now and from time to time, respectivelytime amended or supplemented. It is agreed that for the purpose of measurement and computations hereunder, the atmospheric pressure shall be assumed to be 14.7 (**) psia regardless of the atmospheric pressure at which the Gas is measured and that the Gas obeys the Ideal Gas Laws as to variations of volume with pressure and specific gravity, including the deviation from Xxxxx’x Bxxxx’x law, shall all be made by Gatherer Processor in accordance with applicable rules, regulations, and ordersorders promulgated by the Railroad Commission of Texas pursuant to the Standard Gas Measurement Law of Texas. It is also agreed that the Gatherer Processor may apply a uniform correction factor for water vapor if they deem necessary in their sole and absolute discretionthe Processor deems necessary. 9.2. Gatherer 9.2 Processor shall install, maintain, and operate, or cause to be maintained and operated, operate a measuring station located at each Receipt Point and Delivery Point. Said measuring station(s) shall be so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and design commonly acceptable in the industry, and of suitable size and design, as to accomplish the accurate measurement of Gas delivered hereunder. The changing and integration of the charts (if utilized for measurement purposes hereunder) and calibrating and adjusting of meters shall be done by GathererProcessor. Gatherer shall have the right to utilize At Processor’s election, electronic gas measuring equipment should it so desiremay be used. 9.3. 9.3 Processor shall measure or cause to be measured the volume of Plant Products in gallons. 9.4 Producer may, at its option and expense, install check meters for checking GathererProcessor’s metering equipment at each Receipt Pointequipment; and the same shall be so installed as not to interfere with the operation of the Gathering SystemProcessor’s Facilities. 9.4. 9.5 The temperature of the Gas flowing through the meter shall be determined by the continuous use of a recording thermometer or device installed by Gatherer, Processor so that it will properly record the temperature of the Gas flowing through the meter. 9.5. 9.6 The specific gravity of the Gas flowing through the meter shall be determined by methods commonly accepted in the industry. Specific gravities so determined will be used in calculating Gas deliveries until the next specific gravity test is made. 9.6. 9.7 Each Party party shall have the right to be present at the time of any installationinstalling, reading, sampling, cleaning, changing, repairrepairing, inspectioninspecting, testing, calibrationcalibrating, or adjustment adjusting done in connection with the other Partyother’s measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within thirty (30) 30 days after receipt thereof. If meters utilizing charts are used to measure Gas hereunder, then the charts shall be kept on file for a period of two (2) years, or such longer period as may be required by law. In addition, any other measurement data shall also be kept for the same time period. Each Partyparty, during each of the first three production months, and after that at least semi-annuallyquarterly, or more often if necessary, shall calibrate the meters and instruments installed by it or cause the same to be calibrated. Gatherer Processor shall give the Producer ten (10) days notice in advance of such tests so that the latter may, at its election, be present in person or by its representative to observe adjustments, if any which are made. 9.7. 9.8 If the metering equipment is found to be inaccurate by two percent (2%) or more, registration thereof and any payment based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period extending back one-half of the time elapsed since the last day of the calibration, not exceeding, however, 90 days. If, however, the metering equipment is on a well that averaged more than five MMCFD for the production month, the factor shall be one percent or more in lieu of two percent or more. Unless conclusively determined that GathererProcessor’s measurement equipment is inaccurate by two percent (2%) or more, Gathereror one percent or more, as applicable, Processor’s measurement shall be deemed to be correct for all purposes hereunder, and no adjustment shall be made to the previous volumes. Following any test, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to measure accurately. If for any reason any meter is out of service or out of repair so that the quantity of Gas delivered through such meter cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during such period shall be estimated and agreed upon by the Parties parties hereto upon the basis of the best available data using the first of the following methods which is feasible:. a. By using the registration of any check measuring equipment of Producer, if installed and registering accurately; b. By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; or c. By estimating the quantity of deliveries during preceding periods under similar conditions when the meter was registering accurately. 9.8. 9.9 If Producer shall notify GathererProcessor, or if Gatherer Processor shall notify Producer, at any time that a special test of any Receipt Point meter is desired, the Parties parties shall cooperate to secure an immediate verification of the accuracy of such meter and joint observation of any adjustments. All tests of GathererProcessor’s measuring equipment at any Receipt Point shall be made at GathererProcessor’s expense, except that the Producer shall bear the expense of tests made at its request if the inaccuracy found is less than two percent (2%)percent. Expense as used in this Paragraph 9.8 herein shall be limited to actual costs of Gatherer Processor as the result of testing and shall not include any costs incurred by Producer as the result of witnessing said testing. 9.9. 9.10 If during any month less than 1,000 MCF three MMCF of Gas is delivered to a Receipt Delivery Point, (except for reasons of Force Majeure), then Gatherer Processor shall charge a meter fee applicable to any such Receipt Delivery Point equal to four hundred dollars ($400.00**). Such fee shall be deducted from the compensation otherwise due Producer under this Agreement; or, at Processor’s election, Producer may be invoiced to Producer and for such amount payable thirty (30) 30 days after receipt of such invoicereceipt. 9.10. 9.11 The Parties parties hereto recognize and acknowledge that technological advances may occur over the term of this Agreement which may render certain measurement devices obsolete, or less accurate, or less efficient than that which may be available. In such event, Gatherer Processor may, with Producer’s approval, substitute or utilize such available measurement equipment in lieu of any measurement equipment described above in this Section 9Article IX. 9.11. 9.12 If for any reason the Producer’s Gas is delivered to Gatherer the Processor at a Receipt the Delivery Point with pulsations that affect the accuracy of the measurement, the Producer shall be responsible for installing necessary pulsation dampeners, or other devices, to eliminate or reduce the pulsations to an acceptable level determined by Gathererthe Processor.

MEASUREMENT AND METER TESTING. 9.1. 9.1 The unit of volume for measurement of Gas delivered hereunder shall be one thousand (1,000) cubic feet of Gas (or MCF) at a base temperature of 60 degrees Fahrenheit and at an absolute pressure of 14.65 psia and saturated with water vapor. All fundamental constants, observations, records, and procedures involved in determining the quantity of Gas delivered hereunder shall be in accordance with the standards prescribed in Report Nos. 3 and 8, of the American Gas Association, as amended or supplemented from time to time, respectively. It is agreed that for the purpose of measurement and computations hereunder, the atmospheric pressure shall be assumed to be 14.7 14.65 psia regardless of the atmospheric pressure at which the Gas is measured and that the Gas obeys the Ideal Gas Laws as to variations of volume with pressure and specific gravity, including the deviation from Xxxxx’x law, and shall all be made by Gatherer in accordance with applicable rules, regulations, and orders. It is also agreed that the PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Gatherer may apply a uniform correction factor for water vapor if they deem Gatherer deems it necessary in their its sole and absolute discretion. 9.2. 9.2 Gatherer shall install, maintain, and operate, or cause to be maintained and operated, a measuring station located at each Receipt Point and Delivery Point. Said measuring station(s) shall be so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and design commonly acceptable in the industry, and of suitable size and design, as to accomplish the accurate measurement of the Subject Gas delivered hereunder. The changing and integration of the charts (if utilized for measurement purposes hereunder) and calibrating and adjusting of meters shall be done by Gatherer. Gatherer shall have the right to utilize electronic gas measuring equipment should it so desire. 9.3. 9.3 Producer may, at its option and expense, install check meters for checking Gatherer’s metering equipment at each Receipt Point; and the same shall be so installed as not to interfere with the operation of the Gathering System. 9.4. 9.4 The temperature of the Subject Gas flowing through the meter shall be determined by the continuous use of a recording thermometer or device installed by Gatherer, so that it will properly record the temperature of the Subject Gas flowing through the meter. 9.5. 9.5 The specific gravity of the Subject Gas flowing through the meter shall be determined by methods commonly accepted in the industry. Specific gravities so determined will be used in calculating Subject Gas deliveries until the next specific gravity test is made. 9.6. 9.6 Each Party shall have the right to be present at the time of any installation, reading, sampling, cleaning, changing, repair, inspection, testing, calibration, or adjustment done in connection with the other Party’s measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within thirty (30) days after receipt thereof. If meters utilizing charts are used to measure the Subject Gas hereunder, then the charts shall be kept on file for a period of two (2) years, or such longer period as may be required by law. In addition, any other measurement data shall also be kept for the same time period. Each Party, during each of the first three production monthsmonth, and after that at least semi-annually, or more often if necessary, shall calibrate the meters and instruments installed by it or cause the same to be calibrated. Gatherer shall give Producer ten (10) days notice in advance of such tests so that the latter may, at its election, be present in person or by its representative to observe adjustments, if any are made.. PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT 9.7. 9.7 If the metering equipment is found to be inaccurate by two percent (2%) or more, registration thereof and any payment based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period extending back one-half of the time elapsed since the last day of the calibration. Unless conclusively determined that Gatherer’s measurement equipment is inaccurate by two percent (2%) or more, Gatherer’s measurement shall be deemed to be correct for all purposes hereunder, and no adjustment shall be made to the previous volumes. Following any test, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to measure accurately. If for any reason any meter is out of service or out of repair so that the quantity of the Subject Gas delivered through such meter cannot be ascertained or computed from the readings thereof, the quantity of the Subject Gas so delivered during such period shall be estimated and agreed upon by the Parties hereto upon the basis of the best available data using the first of the following methods which is feasible: a. By using the registration of any check measuring equipment of Producer, if installed and registering accurately; b. By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; or c. By estimating the quantity of deliveries during preceding periods under similar conditions when the meter was registering accurately. 9.8. 9.8 If Producer shall notify Gatherer, or if Gatherer shall notify Producer, at any time that a special test of any Receipt Point meter is desired, the Parties shall cooperate to secure an immediate verification of the accuracy of such meter and joint observation of any adjustments. All tests of Gatherer’s measuring equipment at any Receipt Point shall be made at Gatherer’s expense, except that the Producer shall bear the expense of tests made at its request if the inaccuracy found is less than two percent (2%). Expense as used in this Paragraph Section 9.8 shall be limited to actual out-of-pocket costs of Gatherer as the result of testing and shall not include any costs incurred by Producer as the result of witnessing said testing. 9.9. 9.9 If during any month less than 1,000 MCF of Gas is delivered to a Receipt Point, Point (except for reasons of Force Majeure), then Gatherer shall charge a meter fee applicable to any such Receipt Point equal to four hundred dollars ($400.00***). Such fee shall be invoiced to Producer and payable thirty (30) days after receipt by Producer of such invoice. 9.10. 9.10 The Parties hereto recognize and acknowledge that technological advances may occur over the term of this Agreement which may render certain measurement devices obsolete, or less accurate, or less efficient than that which may be available. In such event, Gatherer may, with Producer’s approval, substitute or utilize such PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT available measurement equipment in lieu of any measurement equipment described above in this Section 9. 9.11. 9.11 If for any reason the Subject Gas is delivered to Gatherer at a Receipt Point with pulsations that affect the accuracy of the measurement, Producer shall be responsible for installing necessary pulsation dampeners, or other devices, to eliminate or reduce the pulsations to an a reasonably acceptable level determined by Gatherer.

MEASUREMENT AND METER TESTING. 9.1. 9.1 The unit of volume for measurement of Gas delivered hereunder shall be one thousand (1,000) cubic feet of Gas (or MCF) at a base temperature of 60 degrees Fahrenheit and at an absolute pressure of 14.65 psia and saturated with water vapor. All fundamental constants, observations, records, and procedures involved in determining the quantity of Gas delivered hereunder shall be in accordance with the standards prescribed in Report Nos. 3 and 8, of the American Gas Association, as amended or supplemented from time to time, respectively. It is agreed that for the purpose of measurement and computations hereunder, the atmospheric pressure shall be assumed to be 14.7 psia regardless of the atmospheric pressure at which the Gas is measured and that the Gas obeys the Ideal Gas Laws as to variations of volume with pressure and specific gravity, including the deviation from Xxxxx’x law, and shall all be made by Gatherer in accordance with applicable rules, regulations, and orders. It is also agreed that the Gatherer may apply a uniform correction factor for water vapor if they deem Gatherer deems it necessary in their its sole and absolute discretion. 9.2. 9.2 Gatherer shall install, maintain, and operate, or cause to be maintained and operated, a measuring station located at each Receipt Point and Delivery Point. Said measuring station(s) shall be so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and design commonly acceptable in the industry, and of suitable size and design, as to accomplish the accurate measurement of Gas delivered hereunder. The changing and integration of the charts (if utilized for measurement purposes hereunder) and calibrating and adjusting of meters shall be done by Gatherer. Gatherer shall have the right to utilize electronic gas measuring equipment should it so desire. 9.3. 9.3 Producer may, at its option and expense, install check meters for checking Gatherer’s metering equipment at each Receipt Point; and the same shall be so installed as not to interfere with the operation of the Gathering System. 9.4. 9.4 The temperature of the Gas flowing through the meter shall be determined by the continuous use of a recording thermometer or device installed by Gatherer, so that it will properly record the temperature of the Gas flowing through the meter. 9.5. 9.5 The specific gravity of the Gas flowing through the meter shall be determined by methods commonly accepted in the industry. Specific gravities so determined will be used in calculating Gas deliveries until the next specific gravity test is made. 9.6. 9.6 Each Party shall have the right to be present at the time of any installation, reading, sampling, cleaning, changing, repair, inspection, testing, calibration, or adjustment done in connection with the other Party’s measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within thirty (30) days after receipt thereof. If meters utilizing charts are used to measure Gas hereunder, then the charts shall be kept on file for a period of two (2) years, or such longer period as may be required by law. In addition, any other measurement data shall also be kept for the same time period. Each Party, during each of the first three production monthsmonth, and after that at least semi-annually, or more often if necessary, shall calibrate the meters and instruments installed by it or cause the same to be calibrated. Gatherer shall give Producer ten (10) days notice in advance of such tests so that the latter may, at its election, be present in person or by its representative to observe adjustments, if any are made. 9.7. 9.7 If the metering equipment is found to be inaccurate by two percent (2%) or more, registration thereof and any payment based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period extending back one-half of the time elapsed since the last day of the calibration. Unless conclusively determined that Gatherer’s measurement equipment is inaccurate by two percent (2%) or more, Gatherer’s measurement shall be deemed to be correct for all purposes hereunder, and no adjustment shall be made to the previous volumes. Following any test, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to measure accurately. If for any reason any meter is out of service or out of repair so that the quantity of Gas delivered through such meter cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during such period shall be estimated and agreed upon by the Parties hereto upon the basis of the best available data using the first of the following methods which is feasible: a. By using the registration of any check measuring equipment of Producer, if installed and registering accurately; b. By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; or c. By estimating the quantity of deliveries during preceding periods under similar conditions when the meter was registering accurately. 9.8. 9.8 If Producer shall notify Gatherer, or if Gatherer shall notify Producer, at any time that a special test of any Receipt Point meter is desired, the Parties shall cooperate to secure an immediate verification of the accuracy of such meter and joint observation of any adjustments. All tests of Gatherer’s measuring equipment at any Receipt Point shall be made at Gatherer’s expense, except that the Producer shall bear the expense of tests made at its request if the inaccuracy found is less than two percent (2%). Expense as used in this Paragraph Section 9.8 shall be limited to actual costs of Gatherer as the result of testing and shall not include any costs incurred by Producer as the result of witnessing said testing. 9.9. 9.9 If during any month less than 1,000 MCF of Gas is delivered to a Receipt Point, Point (except for reasons of Force Majeure), then Gatherer shall charge a meter fee applicable to any such Receipt Point equal to four hundred dollars ($400.00). Such fee shall be invoiced to Producer and payable thirty (30) days after receipt by Producer of such invoice. 9.10. 9.10 The Parties hereto recognize and acknowledge that technological advances may occur over the term of this Agreement which may render certain measurement devices obsolete, or less accurate, or less efficient than that which may be available. In such event, Gatherer may, with Producer’s approval, substitute or utilize such available measurement equipment in lieu of any measurement equipment described above in this Section 9. 9.11. 9.11 If for any reason the Gas is delivered to Gatherer at a Receipt Point with pulsations that affect the accuracy of the measurement, Producer shall be responsible for installing necessary pulsation dampeners, or other devices, to eliminate or reduce the pulsations to an acceptable level determined by Gatherer.