Measurement and Quality. Natural Gas delivered to a specific Delivery Point hereunder shall be measured by the operator of such Delivery Point in accordance with its then current Federal Energy Regulatory Commission ("FERC") approved tariff procedures. All such Natural Gas shall meet or exceed the then current FERC approved tariff requirements of the Purchaser's transporter receiving Natural Gas at such Delivery Point, including, without limitation, requirements of quality, composition, temperature and pressure.
Measurement and Quality. (a) Manager and Counterparty shall rely upon measurement by the Transporter at the Delivery Points at pressures in Transporter’s pipeline in existence from time-to-time and such measurements shall be corrected to the Unit of Measurement. Manager’s deliveries of Gas shall be calculated from the measurements taken at the meter(s) installed, operated and maintained by Transporter at the Delivery Points, and from the heating value determined by the instruments operated by Transporter. Measurement and determination of Gas delivered under the Agreement shall be made in accordance with standard industry practice.
(b) The Gas to be delivered hereunder shall meet the applicable quality specifications required by each applicable Transporter. Either Party may refuse to accept delivery of any Gas not meeting the quality specifications.
Measurement and Quality. 7.1 The natural gas quantities received at the Receipt Point and redelivered at the Delivery Point shall be measured by Transporter through measurement facilities constructed, operated and maintained in accordance with sound engineering practice, applicable industry standards and specifications, and all applicable federal and state regulations. In the absence of measurement facilities owned by Transporter at the Receipt Point, the measurement facilities of WBI shall be used for all purposes.
7.2 Both Parties shall have the right to be present during the installation, cleaning, changing, repairing, inspecting, testing, calibrating and/or adjusting of any natural gas measurement facilities of Transporter at the Receipt and Delivery Points. Calibration of gas measurement facilities shall be conducted in accordance with standard industry practices. Transporter shall provide Shipper five (5) days’ notice in advance of performing any installation, cleaning, changing, repairing, inspecting, testing, calibrating and/or adjusting of the natural gas measurement facilities, and Shipper shall have the right to witness such events.
7.3 Transporter shall preserve all records relating to the measurement of gas quantities for a period of at least two (2) years, or such longer periods as shall be required by law, regulation, rule or order. During such period, upon reasonable notice Shipper, or its designated representative, shall have access to such records during regular business hours.
7.4 If Shipper causes an imbalance in the in the quantity received by Transporter at the Receipt Point, and such imbalance causes Transporter to be subject to any penalties under the Gas Tariff of WBI, Xxxxxxx shall reimburse Transporter for any such penalties.
7.5 If, upon any test, Transporter’s measuring equipment is found to be in error, such errors shall be taken into account in a practical manner in computing the deliveries. If the resultant aggregate error in the computed receipts or deliveries is not more than 0.5% for chromatograph or calorimeter and two percent (2%) for other measuring equipment, then previous receipts or deliveries shall be considered accurate. All equipment shall, in any case, be adjusted at the time of test to record correctly. If, however, the resultant aggregate error in computing receipts or deliveries exceeds 0.5% for chromatograph or calorimeter and two percent (2%) for other measuring equipment, at a recording corresponding to the average hourly rate of ...
Measurement and Quality. All Gold delivered pursuant to this Agreement to a specific Delivery Point shall be measured by the operator of such Delivery Point in accordance with its standard practices.
Measurement and Quality. 9.01 The gas delivered and redelivered hereunder shall meet any and all gas quality requirements as provided by Transporter's gas tariff. In the event that the gas tendered for delivery or redelivery hereunder fails to meet any of the requirements necessary under Transporter's tariff, the receiving Party shall have the right to refuse to accept any gas so tendered for the duration of time the gas fails to meet those gas quality requirements. Any gas refused pursuant to this Section shall be considered gas not delivered or redelivered and shall be treated as such pursuant to Article V herein.
Measurement and Quality. 1. All gas delivered hereunder shall be measured by Transporter at the Point of Receipt into Transporter's facilities in accordance with Transporter's FERC Gas Tariff. ****** This portion of the agreement has been omitted pursuant to a confidential treatment request that has been filed with the Securities and Exchange Commission.
2. The natural gas delivered hereunder shall be of pipeline quality and shall conform to the quality and pressure specifications of Transporter's FERC Gas Tariff. Seller shall make deliveries of gas hereunder at the Point cf Receipt at the pressure prevailing in Transporter's facilities from time to time.
Measurement and Quality. 3.1 The volumes of natural gas delivered hereunder shall be measured at an equivalent pressure base of 14.73 pounds per square inch absolute (psia) and an assumed atmospheric pressure of 14.7 psia, and at a temperature base of 60 degrees Fahrenheit. The volume of natural gas determined hereunder may be adjusted to give effect to the deviation of such gas from Boylx'x Xxx in accordance with standard procedure.
3.2 The Gas delivered by Customer to Mobile Gas and the Gas redelivered by Mobile Gas to Customer pursuant to this Agreement shall be of merchantable quality, and:
(a) Shall not have a water content in excess of seven (7) pounds of water per million (1,000,000) cubic feet of gas measured at a pressure base of 14.73 psia and at a temperature base of 60 degrees Fahrenheit, as determined by dew point or other moisture measuring equipment in general use in the industry and mutually acceptable to the contracting parties.
(b) Shall not contain more than one (1) grain of hydrogen sulfide per one hundred (100) cubic feet as determined by quantitative methods in general use in the industry and mutually acceptable to both parties.
(c) Shall not contain in excess of:
(i) Three percent (3.0%) by volume carbon dioxide.
(ii) Two percent (2.0%) by volume oxygen.
(d) The Gas shall be commercially free from dust, gum, gum-forming constituents or other liquid or solid matter which might become separate from the Gas in the course of transportation through pipelines or cause damage to Customer's Facility.
Measurement and Quality. 7.1 All gas delivered hereunder shall be measured at the Point of Delivery by the Transporter operating the measurement equipment at the Point of Delivery, and shall conform to the measurement and quality specifications contained in that Transporter's Tariff.
7.2 All gas redelivered hereunder shall be measured at the Point of Redelivery by the Transporter operating the measurement equipment at the Point of Redelivery, and shall conform to the measurement and quality specifications contained in that Transporter's Tariff.
Measurement and Quality. 5.1 Measurements, volume corrections, and calibrations shall be performed in accordance with the procedures and processes used at the Facilities as of the Effective Date consistent with general accepted industry practices, unless otherwise mutually agreed. Receipts of Feedstock into the Facilities shall be measured at the meter currently owned by Customer and located on the line between Customer’s sour crude unit and Owner’s vacuum distillation unit. Customer shall operate and maintain the meter in accordance with generally accepted industry practices. Owner shall be permitted to access the meter and may request Customer provide meter provings at Customer’s cost on a commercially reasonable basis. The parties acknowledge that Customer’s existing meter measuring Feedstock into the Facilities is not of custody quality.
5.2 The quality of the Feedstock, Slop, and Slurry received at the Facilities for Customer’s account and the quality of Products delivered to Customer or its Carriers will meet generally accepted industry standards, as applicable. Owner may, from time to time, establish additional specifications that the Feedstock, Slop and/or Slurry must satisfy due to any safety, environmental or operational considerations at or relating to the Facilities. For any service or function requested by Customer not specifically provided for in this Agreement, Customer will pay a prompt charge if the service is able to be provided by Owner or a third-party as agreed in advance by the parties hereto in writing. Notwithstanding the foregoing, Customer waives any right to claim TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELYWITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). damages for contamination of Customer’s products due to line displacement and/or use of common lines.
Measurement and Quality. 8.01 The quality of the gas and the measurement of the gas to be delivered hereunder is to be in accordance with the quality standards and measurement standards of the upstream transporter.
8.02 ENGAGE shall cause PGLC to secure measurement of the total volume and gross heating value of the gas to be delivered hereunder from the upstream transporter(s).
8.03 In the event of an error in metering or a meter failure, (such error or failure being determined through check measurement by ENGAGE or any other available method), then ENGAGE shall ask PGLC or PGLC's agent to invoke its rights as customer under its contracts with the upstream transporter(s). PGLC shall exercise due diligence in the enforcement of any inspection and/or verification rights and procedures which PGLC or PGLC's agent may have in relation to the meters owned and operated by the upstream transporter(s) at the Point of Delivery.
