Common use of Meter Test Clause in Contracts

Meter Test. At intervals determined to be appropriate by the measuring Party, but no less than quarterly, orifice and other types of meters and appurtenant instruments shall be calibrated in the presence of representatives of the other Party. If the aggregate error in any measurement devices is found on test to register not more than one percent (1%) fast or slow in volume, then they shall be deemed to be correct. All measuring devices shall be adjusted upon test to register accurately within the tolerance allowed by their respective manufacturers. If the aggregate error in any measurement devices is more than one percent (1%) fast or slow in volume, adjustments shall be made by applying the percentage of error to the volume involved during the time the metering equipment was out of calibration, if this period can be ascertained. If the length of time the metering equipment was out of calibration cannot be ascertained, then the percentage of error will be applied to the volume delivered for one-half of the time elapsed since the date of the last calibration. During the time any meter is out of repair or is being tested, or in the event of a sudden failure of any meter to register for any period accurately within the one percent (1%) variation allowed herein, and if it is not feasible to install another meter, then the volume of Gas flowed shall be estimated with the mutual concurrence of both parties until a new or repaired meter is installed. Adjustment and settlement shall be made at the regular Monthly periods on 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, if installed and registering; b. By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculations; and c. By estimating the quantity of deliveries by deliveries during preceding periods under similar conditions when the meter was registering accurately.

Meter Test. At mutually agreeable intervals determined to be appropriate by the measuring PartyParties, but no less than quarterly, orifice and other types of meters and appurtenant instruments shall be calibrated in the presence of representatives of the other Party. If the aggregate error in any measurement devices is found on test to register not more than one percent (1%) fast or slow in volume, then they shall be deemed to be correct. All measuring devices shall be adjusted upon test to register accurately within the tolerance allowed by their respective manufacturers. If the aggregate error in any measurement devices is more than one percent (1%) fast or slow in volume, adjustments shall be made by applying the percentage of error to the volume involved during the time the metering equipment was out of calibration, if this period can be ascertained. If the length of time the metering equipment was out of calibration cannot be ascertained, then the percentage of error will be applied to the volume delivered for one-half of the time elapsed since the date of the last calibration. During the time any meter is out of repair or is being tested, or in the event of a sudden failure of any meter to register for any period accurately within the one percent (1%) variation allowed herein, and if it is not feasible to install another meter, then the volume of Gas flowed shall be estimated with the mutual concurrence of both parties until a new or repaired meter is installed. Adjustment and settlement shall be made at the regular Monthly periods on 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, if installed and registering; b. By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculations; and c. By estimating the quantity of deliveries by deliveries during preceding periods under similar conditions when the meter was registering accurately.

Meter Test. At intervals determined to be appropriate by the measuring Party, but no less than quarterly, orifice and other types of meters and appurtenant instruments shall be calibrated in the presence of representatives of the other Party. If the aggregate error in any measurement devices is found on test to register not more than one percent (1%) fast or slow in volume, then they shall be deemed to be correct. All measuring devices shall be adjusted upon test to register accurately within the tolerance allowed by their respective manufacturers. If the aggregate error in any measurement devices is more than one percent (1%) fast or slow in volume, adjustments shall be made by applying the percentage of error to the volume involved during the time the metering equipment was out of calibration, if this period can be ascertained. If the length of time the metering equipment was out of calibration cannot be ascertained, then the percentage of error will be applied to the volume delivered for one-half of the time elapsed since the date of the last calibration. During the time any meter is out of repair or is being tested, or in the event of a sudden failure of any meter to register for any period accurately within the one percent (1%) variation allowed herein, and if it is not feasible to install another meter, then the volume of Gas flowed shall be estimated with the mutual concurrence of both parties until a new or repaired meter is installed. Adjustment and settlement shall be made at the regular Monthly periods on 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, if installed and registering; b. By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculations; and c. By estimating the quantity of deliveries by deliveries during preceding periods under similar conditions when the meter was registering accurately.. The measuring Party shall give the other Party notice of the time of all tests of meters and appurtenant instruments sufficiently in advance of the holding of such tests so that the other Party may conveniently have its representatives present; provided, however, if the measuring Party has given such notice to the other Party and the other Party is not present at the time specified, then the measuring Party may proceed with the tests as though the other Party were present, and the results therefrom shall be deemed correct and accurate. If Gatherer determines that any measurement error results from pulsation, Owner shall or shall itself cause the person who owns the facilities that are causing the pulsation to (at its or their expense), within sixty (60) Days of its receipt of notification, reduce the pulsation to a level such that the square root error in respect of pulsation is not greater than one percent (1%). Notice is hereby given of the following Gathering Services Agreement: GATHERER: PRB Gas Transportation, Inc. OWNER: Storm Cat Energy (USA) Operating Corporation COUNTY: Xxxxxxxx STATE: Wyoming DATE: effective date

Meter Test. At intervals determined to be appropriate by the measuring Party, but no less than quarterly, orifice and other types of meters and appurtenant instruments shall be calibrated in the presence of representatives of the other Party. If the aggregate error in any measurement devices is found on test to register not more than one percent (1%) fast or slow in volume, then they shall be deemed to be correct. All measuring devices shall be adjusted upon test to register accurately within the tolerance allowed by their respective manufacturers. If the aggregate error in any measurement devices is more than one percent (1%) fast or slow in volume, adjustments shall be made by applying the percentage of error to the volume involved during the time the metering equipment was out of calibration, if this period can be ascertained. If the length of time the metering equipment was out of calibration cannot be ascertained, then the percentage of error will be applied to the volume delivered for one-half of the time elapsed since the date of the last calibration. During the time any meter is out of repair or is being tested, or in the event of a sudden failure of any meter to register for any period accurately within the one percent (1%) variation allowed herein, and if it is not feasible to install another meter, then the volume of Gas flowed shall be estimated with the mutual concurrence of both parties until a new or repaired meter is installed. Adjustment and settlement shall be made at the regular Monthly periods on 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, if installed and registering; b. By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculations; and c. By estimating the quantity of deliveries by deliveries during preceding periods under similar conditions when the meter was registering accurately.. The measuring Party shall give the other Party notice of the time of all tests of meters and appurtenant instruments sufficiently in advance of the holding of such tests so that the other Party may conveniently have its representatives present; provided, however, if the measuring Party has given such notice to the other Party and the other Party is not present at the time specified, then the measuring Party may proceed with the tests as though the other Party were present, and the results therefrom shall be deemed correct and accurate. If Gatherer determines that any measurement error results from pulsation, Owner shall or shall itself cause the person who owns the facilities that are causing the pulsation to (at its or their expense), within sixty (60) Days of its receipt of notification, reduce the pulsation to a level such that the square root error in respect of pulsation is not greater than one percent (1%). Notice is hereby given of the following Gathering Services Agreement: GATHERER: Bear Paw Energy, LLC, a Delaware limited liability company OWNER: Pennaco Energy Inc., a Delaware corporation COUNTY: Xxxxxxxx STATE: Wyoming DATE: May 1, 2004 effective date COMMITMENT: All of Owner’s interest in the oil and gas leases described on Exhibit “A” attached hereto and incorporated by reference and all of Owner’s interest in natural gas production from all xxxxx located thereon have been committed to Gatherer under and subject to the terms of the referenced Agreement. RIGHT-OF-WAY: To the extent permitted under third party agreements, Owner has granted rights-of-way and rights-of-access to Gatherer to own and operate service lines and other equipment on the described lands. Said lines and equipment remain the property of Gatherer during and after termination of the Agreement. Further information concerning the contract is available from Bear Paw Energy, LLC, 0000 00xx Xxxxxx, Xxxxx 000, Xxxxxx, XX 00000. The parties are filing this Memorandum of Agreement as record of the referenced agreement for all purposes at law and in equity. 0000 00xx Xxxxxx, Xxxxx 000

Meter Test. At intervals determined to be appropriate by the measuring Party, but no less than quarterly, orifice and other types of meters and appurtenant instruments shall be calibrated in the presence of representatives of the other Party. If the aggregate error in any measurement devices is found on test to register not more than one percent (1%) fast or slow in volume, then they shall be deemed to be correct. All measuring devices shall be adjusted upon test to register accurately within the tolerance allowed by their respective manufacturers. If the aggregate error in any measurement devices is more than one percent (1%) fast or slow in volume, adjustments shall be made by applying the percentage of error to the volume involved during the time the metering equipment was out of calibration, if this period can be ascertained. If the length of time the metering equipment was out of calibration cannot be ascertained, then the percentage of error will be applied to the volume delivered for one---half of the time elapsed since the date of the last calibration. During the time any meter is out of repair or is being tested, or in the event of a sudden failure of any meter to register for any period accurately within the one percent (1%) variation allowed herein, and if it is not feasible to install another meter, then the volume of Gas flowed shall be estimated with the mutual concurrence of both parties Parties until a new or repaired meter is installed. Adjustment and settlement shall be made at the regular Monthly periods on 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, if installed and registering; b. By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculations; and c. By estimating the quantity of deliveries by deliveries during preceding periods under similar conditions when the meter was registering accurately.