Common use of Nominations Clause in Contracts

Nominations. Shipper shall furnish to Company a nomination on a form acceptable to Company. All quantities shall be expressed in MMBtu per Day and shall separately state Points of Receipt, Points of Delivery or Points of Redelivery. 1. Shipper must deliver the nominations to Company by 11:30 A.M. Central Clock Time the working day prior to gas flow. Shipper may submit nominations after such deadline up to 1:00 P.M. Central Clock Time for the upcoming gas day. However, if acceptance of Shipper’s nomination submitted between 11:30 and 1:00 P.M. Central Clock Time would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s scheduled service, then such nomination will be accepted or rejected by Company at Company’s sole discretion. 2. Shipper may submit, and Company will accept, nominations after 1:00 P.M. for the upcoming gas day or during the current gas day on a best efforts basis. If acceptance of Shipper’s nomination for service would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s scheduled service, then such nomination will be accepted or rejected at Company’s sole discretion. 3. Nominations made in accordance with this Section II A shall not become effective until Company has confirmed the nominated storage receipts (injections) and deliveries (withdrawals), or transportation deliveries and redeliveries, with upstream and downstream parties. Shipper shall designate the appropriate person(s) with authority to confirm nominations and to resolve allocation issues on a 24-hour-basis. 4. The parties intend that the volumes of gas received or delivered or redelivered will be equal to the confirmed nominations. To the extent that gas quantities actually received or delivered or redelivered may be greater than or less than the confirmed nominations, the parties intend that such variance will be treated in accordance with an Accounting Allocation Agreement entered into between the parties. 5. Company shall not be obligated, during any hour, to receive or to deliver or to redeliver a total volume of gas in excess of one twenty-fourth (1/24th) of the lesser of (a) Shipper’s aggregate Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity, or Maximum Daily Transportation Quantity or (b) Shipper’s accepted nomination volumes. The parties intend that from time to time Shipper and Company may mutually agree to a flow rate above or below a uniform hourly rate.

Nominations. Shipper shall furnish to Company Bay Gas a nomination on a form acceptable to CompanyBay Gas. All quantities shall be expressed in MMBtu per Day and shall separately state Points of Receipt, Points of Delivery or Points of Redelivery. 1. Shipper must deliver the nominations to Company Bay Gas by 11:30 A.M. Central Clock Time ClockTime the working day prior to gas flow. Shipper may submit nominations after such deadline up to 1:00 P.M. Central Clock Time for the upcoming gas day. However, if acceptance of Shipper’s 's nomination submitted between 11:30 and 1:00 P.M. Central Clock Time would exceed Shipper’s 's Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s 's scheduled service, then such nomination will be accepted or rejected by Company Bay Gas at Company’s Bay Gas' sole discretion. 2. Shipper may submit, and Company Bay Gas will accept, nominations after 1:00 P.M. for the upcoming gas day or during the current gas day on a best efforts basis. If acceptance of Shipper’s 's nomination for service would exceed Shipper’s 's Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s 's scheduled service, then such nomination will be accepted or rejected at Company’s Bay Gas' sole discretion. 3. Nominations made in accordance with this Section II A shall not become effective until Company Bay Gas has confirmed the nominated storage receipts (injections) and deliveries (withdrawals), or transportation deliveries and redeliveries, with upstream and downstream parties. Shipper shall designate the appropriate person(s) with authority to confirm nominations and to resolve allocation issues on a 24-hour-basis. 4. The parties intend that the volumes of gas received or delivered or redelivered will be equal to the confirmed nominations. To the extent that gas quantities actually received or delivered or redelivered may be greater than or less than the confirmed nominations, the parties intend that such variance will be treated in accordance with an Accounting Allocation Agreement entered into between the parties. 5. Company Bay Gas shall not be obligated, during any hour, to receive or to deliver or to redeliver a total volume of gas in excess of one twenty-fourth (1/24th) of the lesser of (a) Shipper’s 's aggregate Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity, or Maximum Daily Transportation Quantity or (b) Shipper’s 's accepted nomination volumes. The parties intend that from time to time Shipper and Company Bay Gas may mutually agree to a flow rate above or below a uniform hourly rate.

Nominations. Shipper shall furnish to Company a nomination on a form acceptable to Company. All quantities shall be expressed 1.1 If Processor desires transportation service in MMBtu per Day and shall separately state Points of Receiptany Month, Points of Delivery or Points of Redelivery. 1. Shipper Processor must deliver the submit nominations to Company by 11:30 A.M. Central Clock Time Gatherer indicating the working day prior quantity of Gas to gas flow. Shipper may submit nominations after such deadline up be delivered to 1:00 P.M. Central Clock Time for Gatherer at each Receipt Point in MMBtus per day, hereinafter referred to as the upcoming gas day. However, if acceptance of Shipper’s nomination submitted between 11:30 “Receipt Nomination,” and 1:00 P.M. Central Clock Time would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s scheduled service, then such nomination will be accepted or rejected by Company at Company’s sole discretion. 2. Shipper may submit, and Company will accept, nominations after 1:00 P.M. for the upcoming gas day or during the current gas day on a best efforts basis. If acceptance of Shipper’s nomination for service would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s scheduled service, then such nomination will be accepted or rejected at Company’s sole discretion. 3. Nominations made in accordance with this Section II A shall not become effective until Company has confirmed the nominated storage receipts (injections) and deliveries (withdrawals), or transportation deliveries and redeliveries, with upstream and downstream parties. Shipper shall designate the appropriate person(s) with authority to confirm nominations and to resolve allocation issues on a 24-hour-basis. 4. The parties intend that the volumes total quantity of gas received or to be delivered or redelivered will to each of the Delivery Point(s) (“hereinafter referred to as “Processor’s Receiver”) in MMBtus per day, hereinafter referred to as the “Delivery Nomination.” The Delivery Nomination must be equal to the confirmed nominationstotal of the Receipt Nomination(s) less any MMBtu losses in the Gathering System, including but not limited to, Gathering System Fuel, Process Fuel, Process Flare and any shrink attributable to the recovery of Plant Products, hereinafter referred to, for purposes of this Exhibit “C,” as “System Shrink.” 1.2 All nominations for “first of the Month” transportation service must be received by Gatherer on or before five (5) Business Days prior to the first day of each Month. To All nominations for “mid-month” transportation service must be submitted to Gatherer no later than twenty-four (24) hours prior to requested service. All nominations for “intraday” transportation service must be submitted to Gatherer no later than allowed for under the extent that gas quantities actually received Gas Industry Standards Board (GISB) “intraday deadlines and procedures.” All nominations are subject to nomination and confirmation deadlines of Processor’s Receiver. 1.3 Processor has the right to change nominations daily or delivered or redelivered may be greater than or less than the confirmed intraday nominations, provided, however, Processor submits revised nominations to Gatherer no later than twenty-four (24) hours prior to the parties intend effective date of the requested service or as provided for in Paragraph 1.2 above for intraday service. 1.4 During each day, quantities of gas nominated by Processor and delivered by Processor shall be increased or decreased as much as practical so that such variance any imbalance between the total MMBtus nominated and delivered by Processor hereunder as of the end of each day will be treated in accordance with an Accounting Allocation Agreement entered into between the partiesminimized. 5. Company shall not be obligated, during any hour, to receive or to deliver or to redeliver a total volume of gas in excess of one twenty-fourth (1/24th) of the lesser of (a) Shipper’s aggregate Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity, or Maximum Daily Transportation Quantity or (b) Shipper’s accepted nomination volumes. The parties intend that from time to time Shipper and Company may mutually agree to a flow rate above or below a uniform hourly rate.

Nominations. Shipper shall furnish to Company Bay Gas a nomination on a form acceptable to CompanyBay Gas. All quantities shall be expressed in MMBtu per Day and shall separately state Points of Receipt, Points of Delivery or Points of Redelivery. 1. Shipper must deliver the nominations to Company Bay Gas by 11:30 A.M. Central Clock Time the working day prior to gas flow. Shipper may submit nominations after such deadline up to 1:00 P.M. Central Clock Time for the upcoming gas day. However, if acceptance of Shipper’s nomination submitted between 11:30 and 1:00 P.M. Central Clock Time would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s scheduled service, then such nomination will be accepted or rejected by Company Bay Gas at Company’s Bay Gas’ sole discretion. 2. Shipper may submit, and Company Bay Gas will accept, nominations after 1:00 P.M. for the upcoming gas day or during the current gas day on a best efforts basis. If acceptance of Shipper’s nomination for service would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s scheduled service, then such nomination will be accepted or rejected at Company’s Bay Gas’ sole discretion. 3. Nominations made in accordance with this Section II A shall not become effective until Company Bay Gas has confirmed the nominated storage receipts (injections) and deliveries (withdrawals), or transportation deliveries and redeliveries, with upstream and downstream parties. Shipper shall designate the appropriate person(s) with authority to confirm nominations and to resolve allocation issues on a 24-hour-basis. 4. The parties intend that the volumes of gas received or delivered or redelivered will be equal to the confirmed nominations. To the extent that gas quantities actually received or delivered or redelivered may be greater than or less than the confirmed nominations, the parties intend that such variance will be treated in accordance with an Accounting Allocation Agreement entered into between the parties. 5. Company Bay Gas shall not be obligated, during any hour, to receive or to deliver or to redeliver a total volume of gas in excess of one twenty-fourth (1/24th) of the lesser of (a) Shipper’s aggregate Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity, or Maximum Daily Transportation Quantity or (b) Shipper’s accepted nomination volumes. The parties intend that from time to time Shipper and Company Bay Gas may mutually agree to a flow rate above or below a uniform hourly rate.

Nominations. Shipper 1.1 The Buyer may request a price quotation from the Seller or its designated representative specifying grades, estimated quantities and estimated date of arrival of the relevant vessel at a Delivery Port. The Seller shall furnish to Company provide a nomination quote valid for a delivery which is within 5% more or less of the agreed volume and for a 3 day loading range being 36 hours on either side of 12:00 p.m. on the estimated date of arrival. The provision of the quote by the Seller under this sub-section, and its acceptance by the Buyer, shall constitute a form acceptable to Company. All quantities Bunkering Commitment and, upon such acceptance, the Buyer shall be expressed obligated to lift and the Seller shall be obligated to sell and deliver or arrange for the sale and delivery of the agreed volume, at the quoted price on these terms and conditions within such 3 day loading range. The order for Marine Fuels shall be considered firm and binding upon Xxxxx’s acceptance of price quoted by Xxxxxx. Confirmation in MMBtu per Day and writing by Seller of price may be provided to the Buyer but the absence of such confirmation shall separately state Points not avoid the agreement of Receipt, Points of Delivery or Points of Redeliverysale. 1. Shipper must deliver 1.2 The Buyer shall ensure that either the nominations Master of the vessel which requires delivery of Marine Fuels or the accredited representative of the Buyer at the Delivery Port, gives not less than two local working days notice to the Delivering Company by 11:30 A.M. Central Clock Time of the working day prior estimated time of such vessel's readiness to gas flow. Shipper may submit nominations after receive such deadline up to 1:00 P.M. Central Clock Time for Marine Fuels, identifying the upcoming gas day. However, if acceptance Buyer and specifying the grades and actual quantities of Shipper’s nomination submitted between 11:30 Marine Fuels and 1:00 P.M. Central Clock Time would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption the method of another shipper’s scheduled service, then such nomination will be accepted or rejected by Company at Company’s sole discretiondelivery required. 2. Shipper may submit1.3 If the vessel shall not have arrived at the Delivery Port within the agreed loading range as notified in section 1.1 above, the Buyer shall be deemed to be in breach of the Commitment and the Buyer shall, in addition to any liability under these terms and conditions, be liable to the Delivering Company will accept, nominations after 1:00 P.M. for any expense that the upcoming gas day or during Delivering Company has incurred as a result of receiving the current gas day on a best efforts basisnotice. If acceptance of Shipper’s nomination for service would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s scheduled service, then such nomination will be accepted or rejected at Company’s sole discretion. 3. Nominations made in accordance with this Section II A shall not become effective until Company has confirmed the nominated storage receipts (injections) and deliveries (withdrawals), or transportation deliveries and redeliveries, with upstream and downstream parties. Shipper shall designate the appropriate person(s) with authority to confirm nominations and to resolve allocation issues on a 24-hour-basis. 4. The parties intend that the volumes of gas received or delivered or redelivered will be equal to the confirmed nominations. To the extent that gas quantities actually received or delivered or redelivered may be greater than or less vessel arrives earlier than the confirmed nominationsagreed loading range, the parties intend that such variance will be treated in accordance with an Accounting Allocation Agreement entered into between Seller shall exercise reasonable efforts to supply the parties. 5. Company vessel upon request but shall not be obligated, during any hour, bound to receive or to deliver or to redeliver a total volume of gas in excess of one twenty-fourth (1/24th) do so until the commencement of the lesser 3 day loading range. 1.4 The quantity of (a) Shipper’s aggregate Maximum Daily Injection Quantity any grade of Marine Fuels to be delivered shall not exceed the quantity of that grade nominated pursuant to section 1.1 above by more than 5% unless the prior written consent of the Seller has been obtained by the Buyer or Maximum Daily Withdrawal Quantity, or Maximum Daily Transportation Quantity or (b) Shipper’s accepted nomination volumes. The parties intend that from time to time Shipper and Company may mutually agree to a flow rate above or below a uniform hourly rateits accredited representative.

Nominations. Shipper 1.1 For any delivery of Marine Fuel under a Floating Price Term Deal, the Buyer shall furnish ensure that either the Master of the vessel which requires delivery of Marine Fuels or the accredited representative of the Buyer at the Delivery Port, gives to the Delivering Company: (a) not less than 7 (seven) local working days’ notice of the estimated date of such vessel's readiness to receive such Marine Fuels; and (b) not less than 4 (four) local working days’ notice of the actual final confirmation lifting date (the “AFCL Date”), identifying which Floating Price Term Deal applies to the delivery and specifying the grades, the actual quantities and the method of delivery required. Upon receipt by the Delivering Company a nomination on a form acceptable to Company. All quantities of the AFCL Date, the Buyer shall be expressed in MMBtu per Day obligated to lift and the Seller shall separately state Points be obligated to sell and deliver or arrange for the sale and delivery of Receiptthe agreed volume, Points upon these terms and conditions within 36 hours on either side of Delivery 12:00 noon on the AFCL Date (the “Range”). In the event that the Range or Points part thereof extends into a preceding or subsequent month than the month of Redeliverythe AFCL Date, the Range shall be shortened so as to fall solely within the same month as the month of the AFCL Date. 1. Shipper must deliver 1.2 If the nominations vessel shall not have arrived at the Delivery Port within the Range the Buyer shall be deemed to be in breach of the Commitment and the Buyer shall, in addition to any liability under these terms and conditions, be liable to the Delivering Company by 11:30 A.M. Central Clock Time for any expense that the working day prior to gas flow. Shipper may submit nominations after such deadline up to 1:00 P.M. Central Clock Time for Delivering Company has incurred as a result of receiving the upcoming gas day. However, if acceptance of Shipper’s nomination submitted between 11:30 and 1:00 P.M. Central Clock Time would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s scheduled service, then such nomination will be accepted or rejected by Company at Company’s sole discretion. 2. Shipper may submit, and Company will accept, nominations after 1:00 P.M. for the upcoming gas day or during the current gas day on a best efforts basisnotice. If acceptance of Shipper’s nomination for service would exceed Shipper’s Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity or Maximum Storage Quantity or Maximum Daily Transportation Quantity, or would cause interruption of another shipper’s scheduled service, then such nomination will be accepted or rejected at Company’s sole discretion. 3. Nominations made in accordance with this Section II A shall not become effective until Company has confirmed the nominated storage receipts (injections) and deliveries (withdrawals), or transportation deliveries and redeliveries, with upstream and downstream parties. Shipper shall designate the appropriate person(s) with authority to confirm nominations and to resolve allocation issues on a 24-hour-basis. 4. The parties intend that the volumes of gas received or delivered or redelivered will be equal to the confirmed nominations. To the extent that gas quantities actually received or delivered or redelivered may be greater than or less vessel arrives earlier than the confirmed nominationsRange, the parties intend that such variance will be treated in accordance with an Accounting Allocation Agreement entered into between Seller shall exercise reasonable efforts to supply the parties. 5. Company vessel upon request but shall not be obligated, during any hour, bound to receive or to deliver or to redeliver a total volume of gas in excess of one twenty-fourth (1/24th) do so until the commencement of the lesser Range. 1.3 The quantity of (a) Shipper’s aggregate Maximum Daily Injection Quantity any grade of Marine Fuels to be delivered shall not exceed the quantity of that grade nominated pursuant to section 1.1 above by more than 5% unless the prior written consent of the Seller has been obtained by the Buyer or Maximum Daily Withdrawal Quantityits accredited representative. 1.4 The Buyer shall be liable for all costs, or Maximum Daily Transportation Quantity or (b) Shipper’s accepted expenses and/or charges incurred by the Seller on account of the Buyer's failure, breach and/or non-compliance with its obligations under any agreed nomination volumes. The parties intend that from time to time Shipper and Company may mutually agree to a flow rate above or below a uniform hourly rateas set out in section 1.1 above.