Measurement and Quality of SNG. (a) The unit of quantity measurement for all Scheduled Gas or any other Gas provided under this Agreement shall be one MMBtu dry. Measurement of Gas quantities sold, delivered and purchased hereunder shall be by and in accordance with the established procedures of the Transporter receiving Gas at the Delivery Point and all measurements of Gas quantities sold and delivered hereunder recorded on the meter(s) of the Transporter receiving Gas at the Delivery Point shall be controlling. (b) All Gas delivered by Seller shall meet the pressure, quality, heat content and other specifications of the Transporter receiving Gas at the Delivery Point. In the event that Gas delivered by Seller hereunder fails to conform to any of such specifications (“Non-Conforming Gas”) and upon notice of such non-conformity from such Transporter, Seller shall immediately and fully curtail deliveries of Non-Conforming Gas, exercise Commercially Reasonable Efforts to correct such non-conformity and provide Purchaser an estimate of the duration and extent of such failure to conform. Without limiting the generality of Section 15.1, Seller shall indemnify and hold Purchaser harmless from and against any and all Claims, costs, penalties or liabilities of any kind incurred by Purchaser as a result of Seller’s delivery of any Non-Conforming Gas, which indemnity shall not be subject to the limitations set forth in Section 15.3(a).
Appears in 4 contracts
Samples: Synthetic Natural Gas Purchase and Sale Agreement (USA Synthetic Fuel Corp), Synthetic Natural Gas Purchase and Sale Agreement (USA Synthetic Fuel Corp), Synthetic Natural Gas Purchase and Sale Agreement (Global Energy, Inc.)