Common use of Meter Out of Service Clause in Contracts

Meter Out of Service. If, for any reason, any meter is out of service or out of repair so that the amount of Carbon Dioxide delivered cannot be ascertained or computed from the readings thereof or corrected under Article 10.8, the Carbon Dioxide delivered during the period such meter is out of service or out of repair shall be estimated and agreed upon by the parties upon the basis of the best data available, using the first listed of the following methods which is feasible: (a) by using the registration of any check meter, if installed and accurately registering; (b) by correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; (c) by using other meters on the McElmo Creek CO2 Pipeline to calculate such an estimate by use of material balance; (d) by estimating the quantity delivered on the basis of deliveries during preceding periods under similar conditions when the meter was registering accurately.

Appears in 3 contracts

Samples: Carbon Dioxide Sale and Purchase Agreement (Resolute Energy Partners, LP), Carbon Dioxide Sale and Purchase Agreement (Resolute Energy Corp), Carbon Dioxide Sale and Purchase Agreement (Resolute Energy Corp)

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Meter Out of Service. If, for any reason, any meter is out of service or out of repair so that the amount of Carbon Dioxide delivered cannot be ascertained or computed from the readings thereof or corrected under Article 10.810.7, the Carbon Dioxide delivered during the period such meter is out of service or out of repair shall be estimated and agreed upon by the parties upon the basis of the best data available, using the first listed of the following methods which is feasible: (a) by using the registration of any check meter, if installed and accurately registering; (b) by correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation; (c) by using other meters on the McElmo Creek ExxonMobil CO2 Pipeline to calculate such an estimate by use of material balance; (d) by estimating the quantity delivered on the basis of deliveries during preceding periods under similar conditions when the meter was registering accurately.

Appears in 1 contract

Samples: Carbon Dioxide Sale & Purchase Agreement (Rancher Energy Corp.)

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