Common use of Other States Clause in Contracts

Other States. Outside of New Jersey, subsidiary NUI Corporation owns, or previously owned, ten properties located in the states of North Carolina, South Carolina, Pennsylvania, New York and Maryland on which MGPs were operated by NUI or by other parties in the past. Two sites (Athens, Pennsylvania; Reidsville, North Carolina) have been sold to third parties, who have agreed to indemnify NUI against environmental liabilities. Of these ten sites, only one site (Elizabeth City, North Carolina) has had any regulatory activity over the past ten years. The Xxxxxxxxx City site is subject to an Administrative Consent Order with the North Carolina Department of Environment and Natural Resources (“NCDENR”), dated October 31, 2001, and under such order, the Company has entered the formal site investigation stage. Currently, there is only limited information available to assess the potential environmental liability associated with these non-New Jersey sites, and the liability for these sites will remain an uncertainty until a more vigorous environmental assessment is performed. As reported in Holdings AnnualGuarantor’s Quarterly Report on Form 10-KQ for 2009,the quarter ending March 31, 2012, the projected costs of the remediation at the Xxxxxxxxx City site is estimated to be $1110-16 million.

Other States. Outside of New Jersey, subsidiary NUI Corporation owns, or previously owned, ten properties located in the states of North Carolina, South Carolina, Pennsylvania, New York and Maryland on which MGPs were operated by NUI or by other parties in the past. Two sites (Athens, Pennsylvania; Reidsville, North Carolina) have been sold to third parties, who have agreed to indemnify NUI against environmental liabilities. Of these ten sites, only one site (Elizabeth City, North Carolina) has had any regulatory activity over the past ten years. The Xxxxxxxxx City site is subject to an Administrative Consent Order with the North Carolina Department of Environment and Natural Resources (“NCDENR”), dated October 31, 2001, and under such order, the Company has entered the formal site investigation stage. Currently, there is only limited information available to assess the potential environmental liability associated with these non-New Jersey sites, and the liability for these sites will remain an uncertainty until a more vigorous environmental assessment is performed. As reported in Holdings AnnualGuarantor’s Quarterly Annual Report on Form 10-KQ K for 2009,the quarter ending March 31, 20122009, the projected costs of the remediation at the Xxxxxxxxx City site is estimated to be $111011-16 million.

Other States. Outside of New Jersey, subsidiary NUI Corporation owns, or previously owned, ten properties located in the states of North Carolina, South Carolina, Pennsylvania, New York and Maryland on which MGPs were operated by NUI or by other parties in the past. Two sites (Athens, Pennsylvania; Reidsville, North Carolina) have been sold to third parties, who have agreed to indemnify NUI against environmental liabilities. Of these ten sites, only one site (Elizabeth City, North Carolina) has had any regulatory activity over the past ten years. The Xxxxxxxxx Exxxxxxxx City site is subject to an Administrative Consent Order with the North Carolina Department of Environment and Natural Resources (“NCDENR”), dated October 31, 2001, and under such order, the Company has entered the formal site investigation stage. Currently, there is only limited information available to assess the potential environmental liability associated with these non-New Jersey sites, and the liability for these sites will remain an uncertainty until a more vigorous environmental assessment is performed. As reported in Holdings AnnualGuarantor’s Quarterly Annual Report on Form 10-KQ K for 2009,the quarter ending March 31, 20122009, the projected costs of the remediation at the Xxxxxxxxx Exxxxxxxx City site is estimated to be $111011-16 million.

Other States. Outside of New Jersey, subsidiary NUI Corporation owns, or previously owned, ten properties located in the states of North Carolina, South Carolina, Pennsylvania, New York and Maryland on which MGPs were operated by NUI or by other parties in the past. Two sites (Athens, Pennsylvania; Reidsville, North Carolina) have been sold to third parties, who have agreed to indemnify NUI against environmental liabilities. Of these ten sites, only one site (Elizabeth City, North Carolina) has had any regulatory activity over the past ten years. The Xxxxxxxxx City site is subject to an Administrative Consent Order with the North Carolina Department of Environment and Natural Resources (“NCDENR”), dated October 31, 2001, and under such order, the Company has entered the formal site investigation stage. Currently, there is only limited information available to assess the potential environmental liability associated with these non-New Jersey sites, and the liability for these sites will remain an uncertainty until a more vigorous environmental assessment is performed. As reported in Holdings AnnualGuarantor’s Holdings’ Quarterly Report on Form 10-KQ Q for 2009,the the quarter ending March 31, 2012September 30 2011, the projected costs of the remediation at the Xxxxxxxxx City site is estimated to be $111011-16 million. For additional discussion and detailed description of MGP matters, including regulatory recovery mechanism, see Holdings’ 2010 10-K filing and Holdings’ 10-Q filing for the quarter ending September 30, 2011.