Common use of Quantity Clause in Contracts

Quantity. 2.1 Subject to the other terms and provisions hereof, Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 6.1 Subject to the other terms Gathering System and provisions hereofPlant capacity, Seller Gatherer shall sell gather and deliver, or cause Processor shall process that volume of Gas legally allowed to be delivered produced which is attributable to Buyerthe interest owned or controlled by Producer or its successors and assigns in wxxxx drilled on lands within the Contract Area or lands pooled therewith; provided, after processing, Producer or Producer’s nominee will accept the Residue Gas. Processor shall regulate the flow of gas at the Point(s) Plant in the quantities and at the times desired by Processor to prudently operate the Plant and/or to meet the fluctuating condition of Delivery hereunderProcessor’s and Producer’s markets. Gatherer or Processor may, from time to time, find it necessary to shut off entirely or restrict the flow of gas to the Gathering System or Plant, respectively; notwithstanding anything herein to the contrary, in such event, neither Gatherer nor Processor shall be liable to Producer for the resulting effect thereof. Gatherer and Buyer Processor shall buy one hundred percent provide Producer prior notice of any shut down due to routine maintenance and shall prudently work to minimize the amount of such downtime. 6.2 Producer shall nominate to Gatherer in writing, not less than three (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th3) business day Days prior to the first day of each monthMonth during the term of the Agreement, Seller will the daily quantity of Gas (expressed in MCF’s and MMBTU’s) that Producer shall deliver to Gatherer at the Gathering System Delivery Point(s) for gathering during such Month. Producer shall also nominate to Buyer Processor in writing, not less than three (3) business Days prior to the first day of each Month during the term of the Agreement, the daily quantity of residue Residue Gas (expressed in MCF’s and MMBTU’s) that Producer or Producer’s nominee shall receive at the Residue Gas Delivery Point(s) following processing at the Plant. 6.3 Gatherer, Processor, and Producer shall designate a dispatcher(s) who shall be continuously on call for nomination purposes, and shall notify each other in writing of such dispatcher(s) and their telephone number(s). 6.4 Producer’s dispatcher shall notify Gatherer’s and Processor’s dispatchers in advance of any anticipated decrease in delivery rate below the daily nominated quantity. Producer’s dispatcher must obtain the prior written approval from Gatherer’s and Processor’s dispatchers for any delivery rate in excess of the daily quantity rate. Gatherer’s and Processor’s dispatcher shall notify Producer’s dispatcher of any anticipated inability to receive the Gas at a delivery rate less than (a) the daily nominated quantity rate; or (b) a previously orally authorized delivery rate in excess of the daily nominated quantity rate. 6.5 If insufficient Plant or pipeline capacity exists to process all the Gas, the Plant processing capacity will be prorated for all gas available dedicated to the Plant , without undue discrimination, and the Gas unable to be tendered for delivery processed will be bypassed ratably, if allowed. 6.6 Processor shall have the right, but not the obligation, to Buyer expand the Plant or build a new gas processing plant at the Point of Delivery each day during a different location, and in such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any dayevent, the difference between the quantity of residue gas actually received Gas, or a portion thereof, may be processed by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included Processor in the nominations for such month as set forth above, then for expanded Plant or the remainder new gas processing plant in accordance with the terms of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderthis Agreement. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 1.1 Subject to the other terms provisions of this Agreement and provisions hereofof WNG's Rate Schedule TSS, Seller WNG agrees to receive such quantities of natural gas as Shipper may cause to be tendered to WNG at the Primary Receipt Point(s) designated on Exhibit A which are selected from WNG's Master Receipt Point List, as revised from time to time, for transportation and storage on a firm basis; provided, however, that in no event shall sell WNG be obligated to receive on any day in excess of the Maximum Daily Quantity (MDQ) for each Primary Receipt Point or of the Maximum Daily Transportation Quantity (MDTQ) for all Primary Receipt Points within any area, all as set forth on Exhibit A. 1.2 WNG agrees to deliver and deliver, Shipper agrees to accept (or cause to be delivered to Buyer, accepted) at the Primary Delivery Point(s) taken from the Master Delivery Point List and designated on Exhibit B a quantity of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue natural gas available for delivery, each day. On or before the sixth (6th) business day prior thermally equivalent to the first quantity received by WNG for transportation and withdrawn from storage as provided in Article 1.3 hereunder less appropriate reductions for fuel and loss as provided in WNG's Rate Schedule TSS; provided, however, that WNG shall not be obligated to deliver on any day quantities in excess of the MDQ for each monthPrimary Delivery Point or in excess of the MDTQ within any area for all Primary Delivery Points, Seller will nominate all as set forth on Exhibit B. 1.3 Subject to Buyer the quantity provisions of residue this Agreement and of WNG's Rate Schedule TSS, WNG agrees to (a) inject and store such quantities of natural gas available up to the Maximum Storage Quantity (MSQ) and the Maximum Daily Injection Quantity (MDIQ) as Shipper may cause to be tendered to WNG for delivery injection into storage, less appropriate reductions for fuel and loss, and (b) withdraw such quantities of natural gas up to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue Shipper's gas actually received by Buyer on such day in storage and the Minimum Maximum Daily Withdrawal Quantity shall be deemed "Excess Gas(MDWQ) reflected on Exhibit C, all on a firm basis." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 4.1. Subject to the other terms and provisions hereof, beginning on November 1, 1996, Buyer agrees to nominate and purchase from Seller hereunder and Seller agrees to deliver to Buyer all gas required by Buyer for Buyer's Facilities plus Shrinkage Gas, provided that Seller shall sell and delivernot be obligated to deliver a daily quantity of gas in excess of the Maximum Daily Quantity. If Buyer desires to purchase gas for use at Buyer's Facilities from Seller prior to November 1, or cause 1996, such purchases shall be considered to be delivered Incremental Gas, as provided in Section 4.1.2. 4.1.1. Buyer shall nominate and take from Seller a monthly quantity which is at least equal to the Monthly Minimum Quantity. *CONFIDENTIAL TREATMENT REQUESTED* *CONFIDENTIAL TREATMENT REQUESTED* 4.1.2. From time to time hereunder, Buyer may elect to buy, and Seller may elect to sell, quantities of gas in excess of the Maximum Daily Quantity, which shall be referred to as Incremental Gas. In such event, Seller shall use best efforts to make Incremental Gas available for sale to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller. Buyer's and Seller's affiliates' residue gas available for delivery, each dayagreement with respect to such Incremental Gas shall be confirmed by use of an Exhibit "C". 4.1.3. On or before the sixth three (6th3) business day days prior to the first day of each month that transportation nominations are due on Seller's Transporter and Viking (whichever day is the earliest) for the next month of delivery ("Delivery Month"), Buyer shall notify Seller of the Daily Contract Quantity for the next Delivery Month and of the daily quantity of gas to be delivered for each of Buyer's Facilities. The Daily Contract Quantity, however, shall not be more than the Maximum Daily Quantity, and the Monthly Contract Quantity shall not be less than the Monthly Minimum Quantity. If Buyer fails to notify Seller of the Daily Contract Quantity by the time set forth in the first sentence of this Section 4.1.3 for the Delivery Month in question, the Daily Contract Quantity for such Delivery Month shall be a daily quantity equal to the Daily Contract Quantity in effect on the last day of the month preceding the Delivery Month in question. 4.1.4. Except with respect to quantities for which Buyer and Seller have established a price pursuant to Section 8.3, during a month, Seller will nominate Buyer, by notice to Buyer Seller, may reduce its nomination of the Daily Contract Quantity, so long as such reduction does not result in the purchase for that month of a quantity of residue gas available less than the Monthly Minimum Quantity. Any such requested reduction in the Daily Contract Quantity shall take effect as of the earlier of (i) two (2) business days after Seller's receipt of Buyer's notice of a reduction of the Daily Contract Quantity or (ii) when the reduction is made effective by Viking (it being understood, however, that the time periods specified in this sentence are not intended to be tendered for delivery to Buyer at limit the Point of Delivery each day during such month (the "Nominated Quantity"parties' obligations in Article 6 regarding nominations and imbalances). The Nominated Any Alternate Quantities as defined in Section 8.3.3 shall not be subject to reduction in nomination. 4.1.5. If, within any one month, Buyer desires to increase the Daily Contract Quantity being delivered (such increased Daily Contract Quantity not to exceed the Maximum Daily Quantity), the increase in the Daily Contract Quantity shall take effect as of the earlier of (i) two business days after Seller's receipt of Buyer's notice of an increase or (ii) when the change is made effective by Viking (it being understood, however, that the time periods specified in this sentence are not intended to limit the parties' obligations in Article 6 regarding nominations and imbalances). 4.2. If, for any month, plus or minus Seller fails to deliver the Monthly Contract Quantity (which is a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and equal to the extent that, Seller sells and delivers to Buyer at sum of the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included Daily Contract Quantity in the nominations effect for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andeach

Quantity. 2.1 Subject Section 3.1 is amended to add the following sentence: “Seller shall deliver, and Buyer shall receive, the Contract Quantity each Day on a Firm basis. Seller’s Gas and the Existing Contracts Volume shall be delivered to Buyer at the Receipt Points for gathering on the Gathering System, and Seller’s Gas shall be purchased by Buyer at the Delivery Points, all as set forth herein. The Existing Contracts Volume shall be gathered, but not purchased, by Buyer hereunder. For purposes of clarity, the Contract Quantity shall include only Gas volumes attributable to the Committed Reserves and the Existing Contracts and Seller shall not deliver, and Buyer shall have no obligation to receive hereunder, any Gas volumes produced or owned by third parties, other terms than Gas produced by Seller and provisions hereofits Affiliates in xxxxx located on the lands described in Exhibit A and the Existing Contracts Volume, which shall be gathered, but not purchased, by Buyer hereunder. Buyer shall never be obligated to receive on any Day volumes of Gas hereunder in excess of 30,000 Mcf’s per Day, as such maximum volume is allocated to each Receipt Point as shown in Exhibit B, except that Seller, prior to the second anniversary of the Effective Date, shall have the right to deliver volumes to the Fonde Receipt Point in excess of the maximum volume shown in Exhibit B for such Receipt Point up to the lower of (x) the maximum available receipt capacity at such Fonde Receipt Point, or (y) a volume that when added to all volumes delivered by Seller at all Receipt Points does not exceed 30,000 Mcf’s per Day, by written notice to Buyer. If Seller elects to deliver such additional volumes to the Fonde Receipt Point, then Seller shall reduce (but not increase) the volumes delivered at one or more of the other Receipt Points so that the total volumes delivered hereunder never exceed 30,000 Mcf’s per Day. Any such election by Seller shall remain in effect until the second anniversary of the Effective Date and, for the term of the Contract, unless, prior to the second anniversary of the Effective Date, Seller shall sell and deliver, or cause notifies Buyer of any additional increase (but not decrease) in the volumes to be delivered to Buyer, at the Point(s) of Delivery hereunderFonde Receipt Point (up to 30,000 Mcf’s per Day), and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included corresponding reductions in the nominations for such month as set forth above, then volumes delivered at one or more of the other Receipt Points necessary to cause the total volumes delivered hereunder to never exceed 30,000 Mcf’s per Day. Such final election by Seller shall remain in effect for the remainder remaining term of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderthis Agreement. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and” 3.

Quantity. 2.1 Subject to the other terms and provisions hereof, Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andand responsible for maintaining third-party, firm transportation agreements as necessary for Buyer to meet its obligations hereunder.

Quantity. 2.1 4.1 It is the intent of the Parties that Gas purchased and sold hereunder on and after the First Supply Date shall, subject to the terms and conditions hereof, be delivered by Sellers and utilized by Buyer during the course of a Day at as close to uniform volumes as reasonably practicable. The Parties acknowledge, however, that Gas purchase volume changes may occur during re-starts or shut downs of Buyer's Plant or other anticipated, planned, and/or unplanned events affecting operation of Buyer's Plant. 4.2 Subject to the other terms and provisions hereofconditions of this Agreement, Seller shall Sellers agree to sell and deliver, or cause to be delivered deliver to Buyer, at and Buyer agrees to purchase and take from Sellers, each Day from and after the Point(sFirst Supply Date for the duration of the Contract Period (as defined in Article VIII hereof), such quantity of Gas, not to exceed the amount of the Maximum Daily Contract Quantity (MDCQ), as may be nominated or deemed nominated by Buyer in Daily Nominations pursuant to Section 6.3 hereof. 4.3 Buyer agrees to purchase from Sellers during the course of each Contract Year a Minimum Annual Contract Quantity of Gas, expressed in MMBtu, equal to twenty-eight million (28,000,000) MMBtu on a Gross Heating Value basis, less all of the following: (a) the sum of any quantities of Gas that Sellers fail or are unable to deliver under this Agreement for any reason during that Contract Year, including but not limited to Force Majeure affecting Sellers and Scheduled Outages of Sellers' Alba Field Facilities; (b) the sum of any quantities of Gas during that Contract Year of which Buyer refuses delivery due to quality problems as provided in Article IX hereof; (c) the sum of any quantities of Gas during that Contract Year of which Buyer was unable to take delivery due to Force Majeure affecting Buyer; (d) the sum of any quantities of Gas during that Contract Year which Buyer does not take due to Scheduled Outage(s) of Delivery hereunder, and Buyer shall buy one hundred percent Buyer's Plant; said quantities covered by the aforesaid items (100%a) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth through (6thd) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be computed as follows: (i) in MMBtu's on a Gross Heating Value basis; (ii) the deduction attributable to any Day for which there is (or is deemed "Excess Gas." Ifto be) a Daily Nomination under Section 6.3 below shall be the shortfall in actual delivery below said Daily Nomination, and to the extent thatprovided, Seller sells and delivers to that if Buyer has intentionally set its Daily Nomination at the Point(s) a lower level than it otherwise would because of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month factor as set forth in items (a) through (d) above, then the amount by which Buyer calculates that it so reduced its Daily Nomination shall (or shall also) be the deduction for such Day; and (iii) the remainder of such month the residue gas delivered from such newly connected xxxxx deduction attributable to any Day for which no Daily Nomination was made or deemed made under Section 6.3 shall be the shortfall in actual delivery below the average of the last thirty (30) Daily Nominations that were made or deemed "Excess Gas" for pricing purposes made under Section 8.1 6.3 hereof. Seller shall endeavor to notify Buyer prior to In identifying said last thirty (30) Daily Nominations, Daily Nominations for any significant changes in SellerDay on which there was a Scheduled Outage of Buyer's deliveries Plant or Sellers' Alba Field Facilities, an event of residue gas hereunder. 2.2 Seller Force Majeure, or any other cause of non-delivery or restricted delivery, shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andexcluded.

Quantity. 2.1 Subject 10.1 The Seller undertakes that within the Range, the Seller will Deliver the Quantity to the other terms Buyer on a daily basis. 10.2 In respect of the Quantity of Product: a) where the Product is delivered by the Seller by road tanker, the Statement of Quantity of Product carried by the road tanker shall be prepared by the Inspector based upon the Weighbridge dockets for Product delivered by the Seller to the Omata Tank Farm; and, b) where the Product is delivered by the Seller to the Pipeline, the Statement of Quantity of Product carried by Pipeline shall be prepared by the Operator based upon the meter reading of Meter FT 016 and provisions hereof, Seller shall sell subject to any adjustments as deemed appropriate and deliver, or cause necessary for the purposes of accuracy by the Inspector. Either Party may elect to be delivered to Buyer, present at the Point(s) time of Delivery hereunder, and Buyer shall buy one hundred percent (100%) the said meter reading by the Operator for the purposes of all preparing the Statement of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." 10.3 For the purposes of verifying the accuracy of meter readings for Product delivered by Pipeline the Parties shall ensure that: a) on a monthly basis the metered volume of Product is checked against the tank volume of Product. In the event that the tank volume indicates that Meter FT 016 is out of calibration then the Parties shall take such steps as they deem necessary to ensure that it is recalibrated; and b) on a six (6) monthly basis ensure that a calibration test is conducted on Meter FT 016. 10.4 Where the total volume of Product (including the Seller's Percentage Share), produced from the Ngatoro Field falls outside of the Range then and in such instance the Buyer purchases more than reserves the Minimum Daily Quantity right to 122 give written notice requiring the Seller to renegotiate the Price or other material terms of this Agreement. Such notice shall contain the new price or terms desired by the Buyer. 10.5 If the Parties do not agree upon a new price or terms satisfactory to both Parties within thirty (30) days after the Buyer gives such notice, subject to subclause 10.6 the Buyer may terminate this Agreement at the end of the thirty day period. Any Product Delivered during this thirty day period shall be sold and purchased at the Price and on the terms applying hereunder without any dayadjustment, and neither party shall have further claim against the difference between other in this regard. 10.6 For the quantity avoidance of residue gas actually received by doubt, in the event that the Buyer on such day exercises its rights under subclause 10.5 then the Buyer's sole remedy will be under that subclause and the Minimum Daily Quantity shall be deemed "Excess GasBuyer will not have any further rights to claim from or against the Seller any amount by way of general or special damages or otherwise." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 5.1 Gatherer shall provide Gathering services to Shipper on a Firm Basis up to the physical and operational capacity of Gatherer’s Pipeline System as exists as of the Effective Date. During the time hereof and as to the physical and operational capacity of Gatherer’s Pipeline System as exists as of the Effective Date, Shipper shall have the highest priority of any shipper on Gatherer’s Pipeline System and Shipper’s capacity on Gatherer’s Pipeline System shall not be prorated with respect to any other shipper unless required by applicable Law. 5.2 Subject to the other terms and provisions hereofof this Contract, Seller Shipper shall sell and deliver, or cause deliver to be delivered to Buyer, Gatherer at the Point(s) of Delivery hereunderPoints, and Buyer Gatherer shall buy one hundred percent (100%) of receive from Shipper at the Delivery Points, all of Seller's the Committed Gas produced from the Dedicated Area attributable to the Contractually Dedicated Area Interests. Upon receipt of the Committed Gas at the Delivery Points, Gatherer shall Gather the Committed Gas and Seller's affiliates' residue redeliver to Shipper at the Redelivery Points all of the Committed Gas. 5.3 During any period when the capacity of Gatherer’s Pipeline System is constrained to Gather, transport, compress and/or treat all of the gas available for deliveryconnected thereto, each day. On or before the sixth (6th) business day volumes of Committed Gas subject to ARTICLE 3.3 shall not be reduced by Gatherer prior to the first day reduction of each month, Seller will nominate other shippers’ gas volumes unless required by applicable Law. Gatherer’s failure to Buyer the quantity take said constrained volumes of residue gas available to Committed Gas shall not be tendered for delivery to Buyer at the Point deemed a breach of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily QuantityGatherer’s obligations hereunder." 5.4 In the event Buyer purchases more than Gatherer, in its sole discretion, agrees to allow Shipper to deliver the Minimum Daily Quantity Committed Gas hereunder “full wellstream,” then in addition to the provisions set forth above in ITEM 5.1 and notwithstanding the provisions of ITEM 4.2, Shipper may also deliver to Gatherer at the Delivery Points all liquids and any produced saltwater (or any similar nuisance liquids) attributable to Shipper from such Xxxxx. Gatherer shall receive and handle all volumes of liquids and saltwater (or any similar nuisance liquids) attributable to Shipper pursuant to the terms herein and then redeliver to Shipper equivalent volumes of liquids and saltwater (and any similar nuisance liquids) at a mutually agreeable facility. Shipper shall then dispose of the liquids and saltwater at its sole cost and risk. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). 5.5 The Parties recognize that certain quantities of gas and/or electricity will be used to fuel or power compression equipment and for operational purposes, and that gas may be lost, gained, and/or unaccounted for on Gatherer’s Pipeline System. Shipper shall provide Gatherer with its pro rata volumetric share of such fuel and gas lost, gained, and/or unaccounted for in-kind relative to all sources of gas into Gatherer’s Pipeline System and Shipper shall reimburse Gatherer with its pro rata volumetric share of electrical power costs relative to all sources of gas into Gatherer’s Pipeline System. 5.6 If at any daytime Gatherer is unable or fails for any reason to receive any quantity of Committed Gas available by Shipper under this Contract (absent Shipper’s failure to deliver the Committed Gas to Gatherer), the difference between the affected quantity of residue gas actually received Committed Gas made available by Buyer on such day Shipper and the Minimum Daily Quantity not taken by Gatherer shall be deemed "Excess Gas." Iftemporarily released from this Contract. Shipper may, at its sole option and in addition to any other rights and remedies Shipper may have hereunder, at law or in equity, deliver all or any portion of the Committed Gas temporarily released from this Contract to an alternative pipeline or purchaser. This temporary release shall cease and Shipper shall resume delivery of the affected Committed Gas to Gatherer when Gatherer has notified Shipper that the cause of Gatherer’s inability or failure to receive has been completely alleviated and Gatherer is ready, willing, and able to begin receiving the extent thatCommitted Gas again. Upon the earlier of Shipper’s receipt of Gatherer’s notice or at such time when Shipper is legally or contractually able to do so (but in no event greater than 90 Days), Seller sells and delivers Shipper shall resume deliveries to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderGatherer. 2.2 Seller 5.7 Provided that Gatherer is able to meet its obligations to Shipper under the terms of this Contract, this Contract shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andnot preclude Gatherer from providing Gathering services to Third Parties.

Quantity. Section 2.1 Subject to Buyer shall provide Seller 12 month’s written notice of the other terms date on which Product will be required, and provisions hereofSeller shall, within that 12 month period, complete the installation of Seller’s Meter(s). Upon completion of Seller’s Meter(s), Seller shall sell and deliver, or cause to be delivered deliver to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent purchase and receive from Seller, and pay for, the BPR subject to the terms and conditions hereof; provided, however, that Seller shall have no obligation to supply Product quantities in excess of the PCQ. Section 2.2 If Buyer’s Product Requirements at any time temporarily exceed the PCQ, Seller may sell Buyer As Available Product. Section 2.3 [***]. Section 2.4 [***]. Section 3.1 Seller warrants that, at the time of delivery (100%a) Product delivered to Buyer hereunder shall conform to the Specifications set out in Appendix 2 (“Specifications”); (b) Seller shall have good title to and the right to transfer the Product and that it is free of all liens, taxes and encumbrances; (c) that the manufacture or sale of Seller's the Product sold and Seller's affiliates' residue gas available for deliverydelivered hereunder will not infringe any U.S. Patent, each day. On but Seller does not warrant against such infringement by reason of the use of the Product alone, or before the sixth (6th) business day prior to the first day of each monthin combination with other goods, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month operation of any process. THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OF THE PRODUCT OR ITS FITNESS FOR ANY PARTICULAR USE OR PURPOSE. Product which (a) conforms to Specifications is hereinafter sometimes referred to as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under “On-Spec Product”; and (b) does not conform to Specifications is sometimes hereinafter referred to as “Off-Spec Product.” Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder3.2 [***]. Buyer shall have the right, at its option and expense, to install pressure regulation equipment downstream from the Delivery Point; provided, however, that Buyer may not install pressure regulation equipment that interferes with the operation of Seller’s Pipeline System. If Buyer has requirements for Product at flow rates above the PCQ, Seller shall utilize reasonable efforts to maintain the minimum pressure levels, but shall only be responsible obligated to the minimum pressure specifications up to the PCQ. [***]. Section 3.3 Determination of the suitability of On-Spec Product or Off-Spec Product for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized any use by Buyer is the sole responsibility of Buyer. [***]. Section 3.4 Xxxxx agrees to notify Seller promptly after Xxxxx’s discovery of its receipt of Off-Spec Product and Buyer may, at no cost to Buyer, refuse to receive it prior to its passing the Delivery Point. Buyer has the responsibility to comply with all relevant reporting obligations under the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. Sections 11001-11049 (EPCRA, also commonly known as Title III of the Superfund Amendments and Reauthorization Act of 1986 [XXXX Title III]) resulting from the presence of Product supplied hereunder, and.

Quantity. 2.1 Subject to Article II, Quantity, Section 2.7 COAL SYNFUEL QUANTITY, is added and reads as follows: "During the other terms and provisions hereofTerm, Seller any quantity of coal synfuel purchased by Buyer from SSO under the Spot Coal Synfuel Supply Agreement shall sell and deliver, or cause reduce the Quantity of Pattiki Type Coal from Dotiki to be delivered to Buyersupplied under this Agreement, at by an equal amount of tonnage." INDEPENDENT RELATIONSHIP OF AGREEMENT TO SPOT COAL SYNFUEL SUPPLY AGREEMENT 2.2 Article XXIV, INDEPENDENT RELATIONSHIP OF AGREEMENT TO SPOT COAL SYNFUEL SUPPLY AGREEMENT, Section 24.1 is added and reads as follows: "Except for the Point(s) tonnage reduction provision set forth under Section 2.7 herein above, all obligations between Buyer and Seller set forth in the Agreement shall continue through its Term. If Buyer reduces and/or suspends its purchases of Delivery hereundercoal synfuel under the Spot Coal Synfuel Supply Agreement and/or either Buyer or SSO terminates the Spot Coal Synfuel Supply Agreement for any reason, the Agreement shall remain in full force and effect and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible obligated to continue their performance as required herein through the Term of the Agreement. In no event shall nonperformance or breach by Buyer or SSO under provisions of the Spot Coal Synfuel Supply Agreement be a basis for all regulatory filingsBuyer or Seller to claim nonperformance or breach or grant a right of offset, counter claim or cancellation of the Agreement, and all coordination the Agreement shall continue in full force and nomination requirements effect with the remaining obligations for the purchase of upstream pipelines and third party suppliers utilized quantities of coal to be the Quantity set forth in Article II during any contract year reduced by Seller hereunder. the amount of coal synfuel delivered by SSO to Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andduring such contract year."

Quantity. 2.1 Subject 4.1 Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase, receive and pay Seller for, or to pay Seller for if available but not taken, during each Contract Year, a daily average quantity of gas equal to seven thousand five hundred (7,500) MMBtu of gas per day. 4.2 It is provided, however, that Buyer shall have the right to purchase, and Seller will sell and deliver to Buyer, such quantity of gas as Buyer may from day to day elect to purchase, up to ten thousand (10,000) MMBtu of gas per day. 4.3 The gas purchased hereunder shall be delivered and received, as nearly as practicable, at uniform rates of flow. The daily quantity of gas actually delivered may vary ten percent (10%) above or below the quantity requested by Buyer to be delivered hereunder, But in no event shall the total quantity delivered in any month vary more than three percent (3%) above or below the total quantity requested by Buyer for that month. 4.4 Commencing May 1, 1990, if the quantity of gas taken by Buyer hereunder during any Contract Year is less than the quantity provided for in Section 4.1 of this Article, Buyer shall within sixty (60) days thereafter, pay Seller for the deficiency at the last price in effect during such Contract Year. It is provided, however, the quantity of gas to be paid for but not taken hereunder shall be reduced by the volume of gas Buyer elects not to take for failure of such gas to meet the quality specifications hereinafter set forth and 8 the volume of gas Buyer shall have been prevented from taking by reason of force majeure or Seller's failure or inability to deliver the volumes requested by Buyer, up to the other terms daily volume specified in Section 4.2 above. For purposes of computing the deficiency payment the deficiency shall be deemed to be Intrastate Gas and provisions hereofInterstate Gas in the same proportions as the takes of such gas by Buyer during the last Contract Year in which no deficiencies in the Buyer's takes occurred unless no such Contract Year exists, in which event such proportions shall be based on takes during the Contract Year in which the deficiency was incurred. Buyer shall have the right during the succeeding five (5) Contract Years but not beyond the term of this Agreement, as provided in Article III, to make up any gas paid for but not taken by deducting from future monthly statements all gas taken in excess of seven thousand five hundred (7,500) MMBtu per day until the full amount of such gas is recovered by Buyer. 4.5 It is recognized that Buyer will require quantities of gas for use at Buyer's Plant for as much as twelve (12) months prior to the Start-Up Date. Seller shall agrees that it will sell and deliverdeliver to Buyer on a best efforts basis such quantities of gas as may be requested by Buyer from time to time prior to the Start-Up Date for use in Buyer's Plant up to the Maximum Daily Quantity; provided that the price per MMBtu for all such gas delivered by Seller prior to the Start-Up Date shall be as specified in Article VI. 4.6 If Seller so elects in writing to Buyer, Buyer shall use diligent efforts to purchase hereunder or arrange for others to purchase gas from Seller under the terms hereof for the period pending the Start-Up Date. If Buyer has a comparable commitment under other contracts, this obligation shall be on a pro rata basis and need not be pursued by Buyer if it leaves Buyer economically disadvantaged. 4.7 Seller reserves the right to process or have processed, prior to or after delivery, all or a portion of the gas deliverable to Buyer hereunder for the removal of all constituents other than methane, except for such methane as is removed under normal operation of such processing facilities. In the event Seller's gas is to be processed after delivery hereunder, Buyer will, to the best of its ability, deliver or cause to be delivered to BuyerSeller or for Seller's account, at the Point(s) volumes of Delivery hereundergas for processing which contain, and Buyer shall buy one hundred percent (100%) as nearly as practicable, Seller's pro rata share of all liquefiable hydrocarbons contained in the commingled gas stream. Such processing shall not lower the total heating value of the gas below that required in Article X and shall be subject to such other conditions as may be acceptable to both parties. Title to all products removed 9 or recovered by said processing shall remain in Seller's ; however, Seller agrees to reimburse Buyer for the cost of the fuel, shrinkage and Seller's affiliates' residue gas available for deliveryplant loss volumes attributable to such processing, each day. On or before plus the sixth (6th) business day prior cost of transporting such volumes to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, processing plant if and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder total of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, transportation cost and all coordination and nomination requirements other transportation costs to deliver the gas to Buyer's Plant exceeds the cost of upstream pipelines and third party suppliers utilized by Seller hereunder. transportation Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andis otherwise obligated to bear under this Agreement.

Quantity. 2.1 Subject (a) During each Contract Year, Buyer is obligated to the other terms purchase and provisions hereofreceive from Seller, and Seller shall is obligated to sell and deliver, or cause to be delivered deliver to Buyer, the Offtake Amount at the Point(sprice established herein. (b) If at any xxxx Xxxxxx reasonably believes it will be unable to supply the Offtake Amount in a given Contract Year (a “Shortfall”), it shall promptly notify Buyer in writing (a “Shortfall Notice”) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) the amount of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month expected shortfall (the "Nominated Quantity"“Shortfall Amount”). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor use good faith commercially reasonable efforts to notify Buyer prior cure the cause of any Shortfall. If Seller is unable to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller cure such Shortfall during the Shortfall Cure Period, then (i) Buyer’s obligation to purchase the Offtake Amount during the Contract Year when the Shortfall occurred shall be responsible for all regulatory filingsreduced by the Shortfall Amount, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. (ii) provided that such Shortfall does not result from a Force Majeure event, Buyer shall be responsible entitled to compensation (“Shortfall Compensation”) from Seller, in an amount not to exceed the Price of the Shortfall Amount and subject to the exclusion of consequential damages provisions set forth in Section 8.3, for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized direct costs incurred by Buyer hereundercaused by Seller’s failure to deliver the Shortfall Amount; provided that Buyer will use commercially reasonable efforts to alleviate or mitigate any such costs relating to the Shortfall Amount and will provide Seller with an accounting and brief description of any of the costs it claims to have incurred in connection therewith. As used herein, and“Shortfall Cure Period” means a period equal to [***] days on the Start Date, with a target to reduce such period to [***] days in a linear manner by the end of the Ramp-Up Period, where “Ramp-Up Period” means the period from the Start Date through the earlier of (i) the date the Plant is producing at the demonstrated nameplate capacity run rate (one million dry tons of wood feed per year equivalent) for at least [***] consecutive days and (ii) three (3) months from the Start Date.

Quantity. 2.1 Subject to the other terms and provisions hereofherein including without limitation the volume limitations set forth below, Seller shall Ratably deliver and sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Delivery Point and Buyer shall accept and purchase from Seller at the Delivery Point, all of Delivery each day during such month the NGUs extracted at the Plant that Seller Owns or Controls. Such volume of NGL's is estimated to be up to ** Barrels per Day (the "Nominated QuantityMaximum Production"). The Nominated Quantity Buyer shall accept the NGL's tendered by Seller pursuant to this Agreement at volumes up to the Maximum Production; provided, however, Buyer shall have the right to not accept any NGL's in excess of the Maximum Production upon providing notice of such to Seller. Should Buyer decline acceptance of any such excess volumes above the Maximum Production, then Seller shall be released from the terms and conditions of this Agreement with regard to such excess volumes which have been declined by Buyer and Seller may sell, construct its own facilities or contract for any monththe handling or disposition of such declined excess volumes to third parties or otherwise, plus as Seller deems appropriate. ** beginning on the Effective Date or minus a ten an anniversary thereof, Seller fails to deliver an average of at least ** percent (10**%) toleranceof the then-effective Maximum Production from the Plant, is herein called then Buyer shall have the "Minimum Daily Quantity." In right, within sixty (60) Days **, by providing written notice to Seller, to reduce the event Buyer purchases more than then-effective Maximum Production for the Minimum Daily Quantity on any day, Plant to a number of Barrels per Day equal to the difference between average daily volume of NGL's actually delivered from the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity Plant **. Such reduction shall be deemed "Excess Gas." If, and to effective as of the extent that, Seller sells and delivers date of Buyer's notice. For purposes of calculating the ** during any such ** during such period on which either of the following conditions occur shall be ** calculation of the ** during such Period: (i) the ** to Buyer at hereunder are ** or (ii) the Point(s) Plant was **. If the volume of Delivery during any month residue gas produced from xxxxx that were newly connected the Owned and not Controlled NGL's available to be included delivered hereunder from the Plant increases to a level which is in excess of the then-effective Maximum Production for such Plant, then Seller may request an increase in the nominations then-effective Maximum Production to the volume of Owned NGL's and Controlled NGL's that Seller estimates to be available from such Plant, which such request must be in writing and detail the basis for the increase or anticipated increase in volume. Buyer shall respond, in writing, to Seller's request within thirty (30) Days of Buyer's receipt of Seller's request. If Buyer declines to increase the then-effective Maximum Production for the Plant, then the volume of Owned NGL's and/or Controlled NGL's which is in excess of the then-effective Maximum Production for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx Plant shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 permanently released from this Agreement, and Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements free to dispose of upstream pipelines and third party suppliers utilized such excess NGL's in any manner deemed appropriate by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andSeller.

Quantity. 2.1 Subject to the other terms and provisions hereof1. After deliveries of gas have commenced under this Agreement, Seller shall sell and deliver, or cause deliver to be delivered to Buyer, at the Point(s) of Delivery hereunder, Buyer and Buyer shall buy one hundred percent purchase and take from Seller hereunder, or pay Seller for, whether taken or not, the annual contract quantity of gas, as that term is defined in Article I Section 10 hereof, with adjustments where appropriate as follows: (100%a) of all In the event of Seller's inability to perform its delivery obligation in accordance with a specific request from Buyer because of a valid force majeure (on the part of either Seller or Buyer), then Buyer's take-or-pay obligation for the time of the force majeure shall be the volume, if any, which Seller was capable of delivering and Seller's affiliates' residue gas Buyer of taking during the period of such force majeure. (b) If for any reason other than force majeure Seller shall fail to make available for deliverydelivery a specific volume requested by Buyer for a given month, each dayBuyer's take-or-pay obligation for such month shall be the volume so made available. 2. On If the total volume of gas well gas actually purchased and taken by Buyer during any contract year is less than the annual contract quantity adjusted as provided for above, then (a) Seller shall have the option of terminating this Agreement following ninety (90) days written notice to Buyer (such option shall be waived, however, if not exercised within fifty (50) days following the end of the contract year in which Buyer's purchases are deficient); or if not terminated by Seller, then (b) Buyer, on or before the sixth (6th) business day prior to the first 25th day of the second month following the end of such contract year, shall pay Seller for any such deficiency volume assuming that the deficiency volume would contain 1,000 11 Btu per cubic foot. As to gas so paid for but not taken, Buyer shall have the right to take such gas in order of accrual during the remaining term of the contract, free of additional cost to Buyer. The right to take such gas shall not accrue in each monthensuing contract year until the annual contract quantity for said year has been taken. Upon the expiration of the term hereof, or upon termination as otherwise provided for herein, Seller will nominate shall refund to Buyer for the quantity of residue gas available payments if any made to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity")Seller hereunder that was never taken by Buyer. 3. The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries deliverability on a daily basis hereunder should exceed the annual contract quantity x 117.6% divided by the number of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filingsdays in said contract year, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereundereither elect to purchase the excess, andor give Seller the option to have such excess released from this Agreement.

Quantity. 2.1 Subject to 3.1 During the other terms and provisions hereofterm of this Agreement, Seller shall agrees to sell and deliver, or cause to be delivered deliver to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) have the continuing right to purchase, daily volumes of all of gas well gas as so requested by Buyer up to Seller's and Seller's affiliates' residue ’s Delivery Capacity. If adequate facilities are installed pursuant to the Treating Agreement to treat gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, sale by Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (to enable the "Nominated Quantity")gas to meet the pipeline quality specifications set forth in Article IV, then Buyer shall use its reasonable commercial efforts to purchase all available daily volumes of gas attributable to Seller’s Delivery Capacity. The Nominated Quantity It is mutually understood by the parties hereto that nothing contained in this Agreement shall obligate Buyer to purchase minimum quantities of gas or pay for same if available and not taken in cases of Force Majeure or a lack of market for MMBtus Delivered. 3.2 Buyer shall not be obligated to maintain a gathering pipeline connection to any monthwell when, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any dayin Buyer’s sole judgment, the difference between continuation of such connection under the quantity terms and conditions of residue gas actually received by this Agreement would no longer be economical for Buyer. If Buyer on elects to discontinue the connection of any such day well, Buyer shall so notify Seller thirty (30) days in advance, and shall release the well and the Minimum Daily Quantity acreage attributable thereto from this Agreement. For a period of twenty (20) days from the date of Seller’s receipt of the disconnect notice hereunder, Seller shall be deemed "Excess Gas." Ifhave the option, but not the obligation, to acquire the pipeline and the Well Meter (defined in Section 6.2) connected to the affected well for salvage value. Upon Buyer’s receipt of notice from Seller of its exercise of the option hereunder, the parties shall negotiate to determine the salvage value thereof. At the closing of the transaction contemplated herein, Buyer shall execute, acknowledge, and deliver to Seller a legally-sufficient conveyance and xxxx of sale, and Seller shall remit to Buyer by wire transfer in immediately available funds the agreed salvage value of the acquired pipeline and the applicable Well Meter. If the parties cannot reach agreement with respect to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available price to be included in paid upon exercise of the nominations for such month as option within fifteen (15) days from the commencement of negotiations, either party may invoke the Alternative Dispute Resolution procedures set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderArticle XVII below. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Buyer is not required to purchase in any Year more Gas than its Unmet Requirements. Subject to that limitation, Buyer will purchase and Sellers will sell Gas in the other terms quantities determined by this Article. As of the effective date of this Agreement, Anadarko and provisions hereofXxxxxxxx each hold fifty percent(50%) of the ownership interest in each of the leases they now hold in the Field. The Parties recognize that during the term of this Agreement the ownership interests may change. The Parties also recognize that if the ownership interests change, Seller the Production Schedule volumes attributable to Anadarko and Xxxxxxxx may not be equal. 3.1.1 Gas sales will begin January 1, 2002. The Annual Purchase Obligation for 2002 and 2003 will be Unmet Requirements. If the Field does not contain enough Gas to satisfy Unmet Requirements for 2002 and 2003, Xxxxxxxx will supply the shortfall (i.e., the difference between Unmet Requirements and what the Field can supply) from sources outside the Field up to a maximum Deliverability of 20 MMcf per Day and volume of 2.92 Bcf for each Year (at a Swing Rate of 2.5). Anadarko shall sell and deliverhave the option, but not the obligation, to supply its proportionate share of the shortfall. This obligation to supply any shortfall cannot be changed under Section 3.3. Beginning with the Year 2004, the Annual Purchase Obligation, unless changed under Section 3.3, will be the lesser of 2.92 Bcf or Unmet Requirements. 3.1.2 Until this Agreement is terminated under Article V, Sellers dedicate all Gas in the Field to Buyer. Except for sales of small volumes of Gas for purposes of Field testing, which sales must terminate by January 1, 2002, or cause sales made under paragraph 3.3.5, Sellers will not sell Gas from the Field to third parties. Sellers do not warrant that the Field contains Gas adequate to satisfy the Annual Purchase Obligations set under Article III. Sellers shall not be delivered liable to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior not be entitled to the first day remedy of each monthcover, Seller will nominate if the Field does not contain Gas adequate to satisfy the Annual Purchase Obligations. If Sellers are unable to satisfy the Annual Purchase Obligations because the Field does not contain adequate Gas, Buyer may, at its option, terminate this Agreement or take all volumes of Gas that are available from the quantity Field. 3.1.3 Unless Deliverability is changed under Section 3.3, Sellers must in combination have Deliverability of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each least 20 MMcf per day during such month the term of this Agreement, If Actual Deliverability is greater than 20 MMcf per day (or greater than any other Deliverability set under Section 3.3), Buyer may, but is not obligated to, purchase up to Actual Deliverability. Purchases of additional Deliverability do not change the "Nominated Quantity")Annual Purchase Obligation. The Nominated Quantity for any monthOver the life of the Field, plus or minus a ten percent (10%) tolerance, it is herein called possible the "Minimum Daily Quantity." In the event Buyer purchases more Actual Deliverability will be less than the Minimum Daily Quantity on any dayDeliverability. If that occurs, the difference between the quantity Annual Purchase Obligation will be reduced based on Actual Deliverability and a Swing Rate of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas2.5." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 6.1 Subject to the other terms Gathering System and provisions hereofPlant capacity, Seller Gatherer shall sell gather and deliver, or cause Processor shall process that volume of Gas legally allowed to be delivered produced which is attributable to Buyerthe interest owned or controlled by Producer or its successors and assigns in xxxxx drilled on lands within the Contract Area or lands pooled therewith; provided, after processing, Producer or Producer's nominee will accept the Residue Gas. Processor shall regulate the flow of gas at the Point(s) Plant in the quantities and at the times desired by Processor to prudently operate the Plant and/or to meet the fluctuating condition of Delivery hereunderProcessor’s and Producer’s markets. Gatherer or Processor may, from time to time, find it necessary to shut off entirely or restrict the flow of gas to the Gathering System or Plant, respectively; notwithstanding anything herein to the contrary, in such event, neither Gatherer nor Processor shall be liable to Producer for the resulting effect thereof. Gatherer and Buyer Processor shall buy one hundred percent provide Producer prior notice of any shut down due to routine maintenance and shall prudently work to minimize the amount of such downtime. 6.2 Producer shall nominate to Gatherer in writing, not less than three (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th3) business day Days prior to the first day of each monthMonth during the term of the Agreement, Seller will the daily quantity of Gas (expressed in MCF’s and MMBtu’s) that Producer shall deliver to Gatherer at the Gathering System Delivery Point(s) for gathering during such Month. Producer shall also nominate to Buyer Processor in writing, not less than three (3) business Days prior to the first day of each Month during the term of the Agreement, the daily quantity of residue Residue Gas (expressed in MCF’s and MMBtu’s) that Producer or Producer’s nominee shall receive at the Residue Gas Delivery Point(s) following processing at the Plant. 6.3 Gatherer, Processor, and Producer shall designate a dispatcher(s) who shall be continuously on call for nomination purposes, and shall notify each other in writing of such dispatcher(s) and their telephone number(s). 6.4 Producer’s dispatcher shall notify Gatherer’s and Processor’s dispatchers in advance of any anticipated decrease in delivery rate below the daily nominated quantity. Producer’s dispatcher must obtain the prior written approval from Gatherer’s and Processor’s dispatchers for any delivery rate in excess of the daily quantity rate. Gatherer’s and Processor’s dispatcher shall notify Producer’s dispatcher of any anticipated inability to receive the Gas at a delivery rate less than (a) the daily nominated quantity rate; or (b) a previously orally authorized delivery rate in excess of the daily nominated quantity rate. 6.5 If insufficient Plant or pipeline capacity exists to process all the Gas, the Plant processing capacity will be prorated for all gas available dedicated to the Plant, without undue discrimination, and the Gas unable to be tendered for delivery processed will be bypassed ratably, if allowed. 6.6 Processor shall have the right, but not the obligation, to Buyer expand the Plant or build a new gas processing plant at a different location, and in such event, the Point Gas, or a portion thereof, may be processed by Processor in the expanded Plant or the new gas processing plant in accordance with the terms of Delivery each day during such month (the "Nominated Quantity")this Agreement. The Nominated Quantity for any monthParties acknowledge and agree that the Corvette Plant located in Hood County, plus or minus a ten percent Texas (10%) toleranceundergoing construction in 2008), is herein called deemed part of the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day Plant and the Minimum Daily Quantity Facilities for purposes of this Agreement, and the terms of this Agreement shall be deemed "Excess Gasapplicable and effective with respect thereto." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject (a) All grapes purchased by the Buyer to be vinted by the Joint Venture shall be purchased from Grower (or Grower's successor pursuant to Article XI of the Joint Venture Agreement) except as provided in section 2(c)(iii) below or otherwise provided in writing by the parties. (b) All grape purchase contracts with a vineyard other terms than Grower shall be terminated as soon as practicable and provisions hereof, Seller shall not be renewed or extended without the prior written consent of Grower. (c) Grower shall sell and deliver, or cause Buyer shall purchase grapes as hereinafter set forth: (i) The annual tonnage by varietal to be delivered purchased is as set forth on EXHIBIT A. (ii) In any year in which there is an excess crop of Chardonnay grapes in order to Buyerrelieve Grower of undue pressure caused by over supply, at Grower shall have the Point(s) of Delivery hereunderright to deliver, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for deliverypurchase, each day. On or before the sixth (6th) business day prior up to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called of the "Minimum Daily Quantity." annual tonnage stated for each varietal of grapes on EXHIBIT A. (iii) In the event that it appears that Grower's grape crop for any varietal is short and Grower will therefore be unable to deliver the stated annual tonnage for any of the varietal grapes as provided for under this Agreement and Buyer purchases more notifies Grower of the need to cover the short fall, both Grower and Buyer shall have the right to propose sources of grapes to cover the anticipated short fall for that year's harvest. If Grower is proposing to provide the grapes to cover, Buyer has the right to a reasonable review and to reject the proposed purchase of grapes based upon quality, price or appellation. If Buyer is proposing to source the grapes to cover, Buyer shall not contract to purchase such grapes without the consultation and prior approval of Grower which may not be unreasonably withheld. All grapes purchased for the purpose of covering a short crop may be used in a blend and the wine produced therefrom may be sold under the Xxxx Valley Vineyard brand provided it is lawful to do so and such sale shall not constitute a breach or violation of this Agreement, the Joint Venture Agreement, the Revised License Agreement between the parties dated as of December 23, 1996, or any other Agreement between the parties. (iv) No grapes purchased to cover a short fall may be processed at the Buyer's Winery if the grapes come from a region known or reasonably suspected to be infested with phylloxera, the glassy winged sharpshooteror other serious disease or pest although the juice from such grapes, if crushed at a facility other than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Winery may be used in a blend. (v) The obligation to Grower to use its best reasonable efforts to supply Buyer on such day and the Minimum Daily Quantity with grapes shall be deemed "Excess Gas." Ifsubject to Grower's obligations to customers other than Buyer (as said customers may be replaced by new customers from time-to-time). By way of illustration and not limitation, and to should weather conditions or other circumstances limit the extent thatharvest in any one year, Seller sells and delivers then the grapes sold to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx by Grower shall be deemed "Excess Gas" reduced pro rata based upon Buyer's share of the year's projected harvest, as determined in good faith by Grower. It is agreed that because of the fact that different customers of Grower may purchase grapes for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer delivery at different times during the harvest, any good faith allocation made by Grower of its harvest among its customers on or prior to any significant changes in Seller's deliveries September 1st of residue gas hereunder. 2.2 Seller each year, shall be responsible for all regulatory filings, binding and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andconclusive upon Buyer.

Quantity. 2.1 3.1 Producer hereby dedicates and commits for the term of this Agreement all its interest in the gas produced and sold from Producer’s wxxxx located on the lands described in Exhibit A attached hereto (the “Contract Area”), subject, however, to the limitations set forth herein and in the preamble of Exhibit A. This Agreement shall not imply or require any leasehold preservation, drilling or development obligations on the part of Producer. Subject to the terms and conditions hereof, Gatherer hereby covenants and agrees that commencing on the date of first deliveries hereunder and continuing until termination of this Agreement, Gatherer will receive all gas tendered by Producer at the Delivery Point(s) under this Agreement. Producer agrees to notify Gatherer in writing when initial deliveries of gas are expected to commence and the expected deliverability rates from each well. 3.2 If Gatherer fails to connect any well within sixty (60) days from the date Gatherer receives written notification as provided for in Article 3.1, then Producer shall have the right, but not the obligation, to withdraw any such well from the terms of this Agreement and, upon Gatherer’s receipt of written notice from Producer withdrawing any such well, such well shall automatically, and without any further action on the part of Producer or Gatherer, be released from the terms of this Agreement without further obligation or liability of Producer of any kind with respect to such well. 3.3 Producer expressly reserves for itself, its successors and assigns, the following prior rights with respect to the gas subject hereto: (a) The right to deliver to lessors under any of the leases subject hereto gas required in kind to meet the requirements of lessee’s obligations under such leases to furnish gas to such lessors. (b) The right to use gas reasonably required to develop and operate Producer’s properties in the Contract Area, including, but not limited to, use of gas for drilling, reworking, operating, treating, gas lift and compression fuel. (c) Subject to the other terms provisions of this Agreement, the control, management and provisions hereofoperation of the properties subject to this Agreement shall be and remain the exclusive right of Producer. Producer may, Seller in its sole uncontrolled discretion and as it deems advisable, drill new wxxxx, repair or rework old wxxxx, renew or extend in whole or in part any lease or unit, and abandon any well or surrender, terminate or release all or any part of any lease not deemed by Producer capable under normal production methods of producing gas in commercial quantities. (d) The right from time to time to alter any gas unit by increasing or decreasing the surface acreage contained therein or to pool or combine any lease or unit or any part thereof with other properties or to include in any unit any interest in lands covered by such unit not theretofore included in such unit; and in the event of any pooling, unitization or change in any unit, this Agreement shall sell apply only to the interest of Producer in the unit or units and deliverthe gas attributable thereto but only insofar as such interest is attributable to the lands and leases committed hereunder. 3.4 Gatherer shall have the right to process, or cause to be delivered to Buyerprocessed by others, at all gas hereunder for the Point(s) recovery of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day liquefiable hydrocarbons prior to the first day delivery of each month, Seller will nominate such gas to Buyer the quantity of residue gas available to be tendered for delivery to Buyer Gatherer at the Point of Delivery each day during such month (Point(s) hereunder; provided, however, that the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity Gatherer shall be deemed "Excess Gas." If, and obligated to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month accept the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 resulting therefrom in accordance with the terms and provisions hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 A. Subject to the other terms provisions of subparagraphs B., C. and provisions hereofD. below, Seller shall sell agrees to tender for delivery and deliver, or cause sale to be delivered Buyer and Buyer agrees to Buyer, receive and purchase hereunder all gas Seller has available for sale at the Point(s) Delivery Points in excess of Delivery any gas required by Seller's Priority Customers (defined below), and in excess of the Reserved Gas (defined below), and reserved by Seller for its LNG supply requirements. Notwithstanding the preceding sentence to the contrary, Seller and Buyer recognize that in the event of sudden or extreme volume changes in either Seller's supply or Buyer's markets, Buyer may need reasonable lead time to adjust its gas supply or markets to accommodate such sudden or extreme volume changes to enable Buyer to purchase gas volumes made available hereunder, and by Seller. Buyer agrees to use its best efforts to minimize the lead time necessary to accommodate such volume changes. However, in no instance shall buy one hundred percent Buyer take more than five (100%5) working days to make such supply or market adjustments. Failure of all gas markets is not cause for nonperformance by either party under the terms of this Agreement. B. Buyer recognizes that Seller must satisfy its gas supply obligations to Energas, as well as other customers which were receiving gas from Seller's Fain Plant either directly ox xxdirectly as of January 1, 1995, listed in Exhibit "A" attached hereto and made a part hereof ('Seller's affiliates' residue gas available for delivery, each day. On or before the sixth Priority Customers'). C. Buyer recognizes that Seller expects to construct and operate an LNG plant in conjunction with its Fain Plant and hereby reservxx xp to two thousand (6th2,000) business day prior to the first day of each month, Seller will nominate to Buyer the quantity MMcf of residue gas each year commencing January 1, 1997 to satisfy its LNG supply requirements ("Reserved Gas"). D. Buyer recognizes that Seller's Priority Customers have a first call on all gas Seller has available at the tailgate of the Fain Plant and that Seller xxx reserved up to two thousand (2,000) Mmcf per year additional gas commencing January 1, 1997; accordingly, Buyer expressly acknowledges that on any given day Seller may be tendered for delivery unable to deliver any gas to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller will consult with Buyer as often as necessary regarding Seller's projection of the volume of gas to be available for delivery to Buyer during each month. Such projection will be based upon the volume of gas Seller expects to have available for delivery to Buyer after satisfying the requirements of Seller's Priority Customers and LNG markets. Seller will also provide to Buyer at least fifteen (15) days prior to the beginning of each month, a forecast of the volumes of gas it expects to have available for delivery to Buyer during each of the next twelve (12) months. 2.3 It is the intent of Buyer and Seller that all of the gas delivered hereunder be ultimately consumed in the City of Amarillo and its nvirons to the maximum extent practicable. Accordingly, it is expressly understood and acjreed that all gas delivered hereunder shall be responsible for all regulatory filings, allocated by Buyer to Buyer's markets in the City of Amarillo and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunderits environs before Buyer allocates any gas from other sources to such markets. Buyer shall be responsible for all regulatory filings provide Seller with a statement on a quarterly basis showing the volume of gas purchased hereunder from Seller and all coordination the total volume of gas delivered to Buyer's markets in the City of Amarillo and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andits environs.

Quantity. 2.1 7.1 Subject to the other terms and provisions hereof, Seller Shipper shall sell and deliver, and Gatherer shall receive and process, all of the gas which Shipper as a reasonably prudent operator can legally produce and deliver from wxxxx now or cause hereafter located on the lands dedicated hereunder. If for any reason Gatherer is unable to take or process all of Shipper’s gas to be delivered by Shipper to BuyerGatherer pursuant to the preceding sentence (other than due to Shipper’s failure to comply with the provisions of this Agreement), at Gatherer shall use its best reasonable efforts to take or process such gas of Shipper on a ratable basis with all other gas being delivered into the Point(sSystem or processed in the Plant, as applicable, which is affected by the situation which resulted in Gatherer being unable to so take or process all such gas of Shipper. In such event, Gatherer shall, where practicable, provide Shipper ten (1 0) days advance notice so that Shipper can make other arrangements to market the gas which Gatherer has indicated it cannot take or process. In such event Shipper shall have the right to dispose of Delivery hereunder, and Buyer shall buy one hundred percent (100%) any gas so not taken by Gatherer subject to Gatherer’s right to resume receipt of all of Seller's and Seller's affiliates' residue such gas available for delivery, each day. On or before the sixth (6th) business day prior to on the first day of the month after having given Shipper thirty (30) days prior written notice. 7.2 For all gas received at the Receipt Points hereunder during each month, Seller will nominate Gatherer agrees to Buyer redeliver to or for the quantity account of residue gas available Shipper (a) to be tendered for delivery to Buyer the Downstream Pipeline at the applicable Delivery Point: (i) the Products recovered from Shipper’s Allocated Share of Inlet Gas for such month and (ii) Shipper’s Residue Gas for such month, and (b) at the Delivery Point(s) for Condensate, Shipper’s allocated share of liquid hydrocarbons recovered from Condensate under Section 5.3 above for such month. All other provisions herein notwithstanding, the actual cumulative monthly volume of Fuel, System Fuel, Losses and System Losses shall never exceed three and one-half percent (3-1/2%) of the Shipper’s total monthly MMBtus delivered at all Receipt Points. 7.3 If Gatherer in its sole good faith discretion determines, at any time and from time to time, that Shipper’s gas delivered hereunder at any Receipt Point is, or is expected to become uneconomic because of Delivery each day insufficient volume, quality or pressure or if all or any part of the Facilities becomes uneconomic to continue to operate, maintain or repair, because of insufficient volume, quality or pressure then Gatherer shall have the right upon thirty (30) days prior written notice, to refuse or cease taking Shipper’s gas from such Receipt Point without liability so long as such condition exists; provided however, during such month thirty (30) day period, Gatherer shall continue to receive and process Shipper’s gas and the "Nominated Quantity")parties shall attempt to negotiate an amendment to this Agreement which would remove such uneconomic situation. The Nominated Quantity for any monthIf during such thirty (30) day period the parties i) mutually agree on such an amendment, plus Gatherer shall not refuse or minus a ten percent cease taking Shipper’s gas from such Receipt Point at the end of such thirty (10%30) toleranceday period, is herein called or ii) fail to agree on such an amendment,-then either party may terminate this agreement with respect to the "Minimum Daily Quantity." pertinent Receipt Point(s) by providing thirty (30) days advance written notice to the other party, which termination notice must be given, if at all, within thirty (30) days after the end of the thirty (30) day negotiation period. In the event Buyer purchases more of such termination, until the expiration of the thirty (30) day termination notice period, both parties shall remain obligated to perform hereunder with respect to such Receipt Point(s). 7.4 Shipper shall provide, not later than 12:OO noon, three (3) business days prior to the Minimum Daily Quantity on any daynomination deadline for the applicable Month of gas deliveries hereunder of the Downstream Pipeline which is to receive the Residue Gas at the Delivery Point, its nomination of the difference between the quantity quantities of residue gas actually Gas to be received by Buyer on such day Gatherer at each Receipt Point and the Minimum Daily Quantity Residue Gas and the Products attributable to such gas to be delivered at the applicable Delivery Point during such Month. Gatherer shall provide confirmation of such nomination, or a revised nomination (if Shipper’s nomination is not accepted due to operational reasons on the Facilities or is not confirmed by the Downstream Pipeline at the applicable Delivery Point) no later than two (2) business Days prior to the end of the Month. Shipper’s failure to timely nominate shall be deemed "Excess Gas." Ifa zero (0) nomination until such time as an acceptable nomination is subsequently submitted and confirmed. Shipper shall be entitled to submit nominations after the deadline described above, in which event, the zero (0) nomination shall only apply for the number of applicable days from the deadline described above until the subsequent nomination is submitted and to the extent thatconfirmed. Shipper may also, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included in the nominations for such month as set forth aboveMonth, then adjust its nomination prospectively for the remainder of that Month by providing Gatherer not less than twenty-four (24) hours notice prior to the nomination deadline of the applicable Downstream Pipeline for making such month changes. Shipper recognizes and agrees that Gatherer shall have the residue gas right to require Shipper to adjust its nominations to the applicable Downstream Pipeline based upon the available capacity and operating conditions of the Facilities and of the Downstream Pipeline’(s) pipeline system and on the actual quantities of Gas being delivered from by Shipper at the Receipt Points. Gatherer has no obligation to accommodate any imbalances caused by Shipper’s inability or failure to match nominations with actual performance. 7.5 When required by Gatherer, Shipper shall advise Gatherer each day, or at such newly connected xxxxx shall other intervals as may be deemed "Excess required by Gatherer, of the MMBTUs of Gas scheduled to be tendered at each Receipt Point and Shipper’s Products and Residue Gas to be taken at the applicable Delivery Point on the following operating day or during the next interval. Gatherer may further require that Shipper confirm the delivery of such scheduled quantity of Gas" for pricing purposes under Section 8.1 hereof. Seller , Products or Residue Gas, as applicable, on said following day or during the next interval. 7.6 Shipper shall endeavor to notify Buyer prior achieve a daily operational gas and Products balance. Shipper shall, upon request, furnish such data as Gatherer deems necessary to any significant changes maintain control of the Facilities including, but not limited to, estimated BTU content of the gas received by Gatherer at each of the Receipt Points. Gatherer shall not be required to (i) deliver more or less Products or Residue Gas for Shipper’s account at the applicable Delivery Point than the quantities of Products or Residue Gas, as applicable, properly nominated by Shipper at the applicable Delivery Point or the quantities of Products or Residue Gas, as applicable, which are attributable to the quantities of gas properly nominated and delivered by Shipper hereunder at the Receipt Points, or (ii) receive more or less gas at the Receipt Points than the quantities of gas properly nominated by Shipper at such Receipt Points or the quantities of gas which would result in Seller's deliveries the quantities of residue gas hereunderProducts and Residue Gas properly nominated by Shipper at the applicable Delivery Point(s). 2.2 Seller 7.7 Shipper shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and any imbalance or other penalties assessed against either party by a third party suppliers utilized transporter as a result of Shipper’s improper nomination or failure to comply with Gatherer’s requests under Sections 7.4, 7.5 and 7.6 or imposed by Seller Downstream Pipeline(s) at the Delivery Point(s) as a result of the failure of Shipper or Shipper’s market to accept and receive at the applicable Delivery Point the quantities of Residue Gas and Products properly nominated and scheduled hereunder. Buyer Subject to Sections 7.4, 7.5 and 7.6 above, Gatherer shall be responsible for any imbalance or other penalties assessed against either party by a third party transporter, as a result of Gatherer’s improper failure to receive properly nominated volumes at the Receipt Points or to deliver quantities of Residue Gas and Products at the applicable Delivery Point properly nominated and scheduled by Shipper hereunder. 7.8 If, from time to time, in Shipper’s sole good faith discretion, it is not economic to process theDedicated Gas then, in such event, Shipper shall have the right to notify Gatherer, by written notice given at least ten (10) days prior to the succeeding month, that Shipper does not desire to have the Dedicated Gas processed, in which case, commencing in the succeeding month after notice is given and continuing thereafter until the next succeeding month after at least ten days advance written notice is given by Shipper revoking such request, Gatherer shall to the extent operationally feasible by-pass the Plant processing with respect to the Dedicated Gas, and redeliver to the residue gas Delivery Point for Shipper’s account a MMBtu volume of gas equal to Shipper’s MMBtu volume delivered at all regulatory filings Receipt Points for the month less Shipper’s System Fuel and System Losses; provided, however, Gatherer shall not be required to so by-pass the Plant processing with respect to the Dedicated Gas if such Dedicated Gas requires processing in order to meet the minimum required quality specifications of the Downstream Pipeline into which all coordination or some of the gas is delivered. During any such period of bypassing of the Plant, Shipper shall remain obligated to pay Gatherer the Service Fee described in Paragraph 9. 7.9 In the processing of gas in the Plant, Gatherer agrees that any decision from time to time to accept or reject ethane shall be based on Gatherer’s good faith determination, made in consultation with Shipper, that it is in the economic interest of all shippers whose gas is being processed in the Plant to accept or reject ethane, as applicable. 7.10 If Gatherer is unable or refuses for any reason, including Force Majeure, to receive and nomination process at least seventy-five percent (75%) of Shipper’s available Dedicated Gas which Shipper is ready, willing and able to deliver at a Receipt Point for a period of ninety (90) consecutive Days then, in such event, Shipper shall have the right, at its sole discretion and upon whatever terms Shipper deems acceptable, and free of any further obligations hereunder, to dispose of any gas from any such Receipt Point so not taken by Gatherer; provided, however, Shipper must exercise such right, if at all, within thirty (30) days following the end of such ninety (90) consecutive day period, and if Shipper so exercises such right, then with respect to any gas for which Shipper so exercises such right, neither Shipper nor Gatherer shall thereafter have any obligation to deliver, receive, gather and/or process such gas. For purposes of the foregoing, any period in which Gatherer is unable or refuses to receive and process Shipper’s available Dedicated Gas at a Receipt Point due to (i) Shipper’s breach of any of its obligations under this Agreement, (ii) an expansion of the System or the Plant under Section 4.5, or (iii) such gas failing to meet the requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunderSection 8.1, andshall not be counted in determining whether Shipper may exercise the right set forth above in this Section 7.10

Quantity. 2.1 Subject 6.1. The Parties acknowledge and agree that natural gas (including Gas) which is owned by Tokyo Gas is subject to the other terms Tokyo Gas Gathering and provisions hereof, Seller shall sell Processing Agreement and deliver, or cause to may be delivered to BuyerGatherer by Producer pursuant to a joint operating agreement between Producer and Tokyo Gas. 6.2. Subject to Gathering System and Plant capacity, Gatherer shall gather and Processor shall process that volume of the Subject Gas legally allowed to be produced from the interest owned or controlled by Producer or its successors and assigns in xxxxx drilled on lands within the Contract Area or lands pooled therewith; provided, after processing, Producer or Producer's nominee will accept the Residue Gas. Processor shall regulate the flow of gas at the Point(s) Plant in the quantities and at the times desired by Processor to prudently operate the Plant and/or to meet the fluctuating condition of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of SellerProcessor's and SellerProducer's affiliates' residue markets. Gatherer or Processor may, from time to time, find it necessary to shut off entirely or restrict the flow of gas available to the Gathering System or Plant, respectively, including but not limited to as a result of routine maintenance and other planned outages, capacity constraints (subject to Section 6.6), compliance with laws or regulations, force majeure events (subject to Article XVIII), emergencies, or material adverse operational issues at the Facilities; notwithstanding anything herein to the contrary, in such event, neither Gatherer nor Processor shall be liable to Producer for deliverythe resulting effect thereof. Gatherer and Processor shall provide Producer prior notice of any shut down due to routine maintenance and other planned outages and shall prudently work to minimize the amount of such downtime. 6.3. Producer shall nominate to Gatherer in writing, each day. On or before the sixth not less than three (6th3) business day Days prior to the first day of each monthMonth during the term of the Agreement, Seller will the daily quantity of the Subject Gas and the natural gas owned by Tokyo Gas (expressed in MCF's and MMBtu's) that Producer shall deliver to Gatherer at the Gathering System Delivery Point(s) for gathering during such Month, either pursuant to this Agreement or the Tokyo Gas Gathering and Processing Agreement. The Parties acknowledge and agree that natural gas owned by Tokyo Gas and delivered to Gatherer by Producer shall, pursuant to Section 6.1, be gathered and processed by Gatherer and Processor pursuant to the Tokyo Gas Gathering and Processing Agreement. Producer shall also nominate to Buyer Processor in writing, not less than three (3) business Days prior to the first day of each Month during the term of the Agreement, the daily quantity of Residue Gas and residue gas available owned by another producer but controlled by Producer (expressed in MCF's and MMBtu's) that Producer or Producer's nominee shall receive at the Residue Gas Delivery Point(s) following processing at the Plant. 6.4. Gatherer, Processor, and Producer shall designate a dispatcher(s) who shall be continuously on call for nomination purposes, and shall notify each other in writing of such dispatcher(s) and their telephone number(s). 6.5. Producer's dispatcher shall notify Gatherer's and Processor's dispatchers in advance of any anticipated decrease in delivery rate below the daily nominated quantity. Producer's dispatcher must obtain the prior written approval from Gatherer's and Processor's dispatchers for any delivery rate in excess of the daily quantity rate. Gatherer's and Processor's dispatcher shall notify Producer's dispatcher of any anticipated inability to receive the Subject Gas at a delivery rate less than (a) the daily nominated quantity rate; or (b) a previously orally authorized delivery rate in excess of the daily nominated quantity rate. 6.6. If insufficient Plant or pipeline capacity exists to process all the Subject Gas, the Plant processing capacity will be prorated for all gas dedicated to the Plant, without undue discrimination; provided, however, during the time period during which Processor is unable to process all of the Subject Gas, Producer may dispose of the unprocessed Subject Gas as it sees fit and if such inability to process all of the Subject Gas continues for a period of sixty (60) consecutive days, extended day-for-day for the duration of events of force majeure affecting Processor’s performance, then the Subject Gas produced from the affected well(s) shall, at Producer’s election by written notice to Gatherer and/or Processor thirty (30) days' advance delivered prior to cessation of proration, no longer be Dedicated Properties hereunder or subject to this Agreement in any manner whatsoever. 6.7. Subject to Producer’s reservation in Section 3.1, Producer agrees that Processor has the exclusive right to process, or cause to be tendered for delivery processed, blend, or cause to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any daybe blended, the difference between Subject Gas for the quantity extraction of residue natural gas actually received by Buyer on such day liquids and other valuable components. Processor shall have the Minimum Daily Quantity shall be deemed "Excess Gas." Ifright, but not the obligation, to expand the Plant or build a new gas processing plant at a different location, and to in such event, the extent thatSubject Gas, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to or a portion thereof, may be included processed by Processor in the nominations for such month as set forth above, then for expanded Plant or the remainder new gas processing plant in accordance with the terms of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderthis Agreement. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject Section 3.1 is amended to add the following sentence: “Seller shall deliver, and Buyer shall receive, the Contract Quantity each Day on a Firm basis. Seller’s Gas and the Existing Contracts Volume shall be delivered to Buyer at the Receipt Points for gathering on the Gathering System, and Seller’s Gas shall be purchased by Buyer at the Delivery Points, all as set forth herein. The Existing Contracts Volume shall be gathered, but not purchased, by Buyer hereunder. For purposes of clarity, the Contract Quantity shall include only Gas volumes attributable to the Committed Reserves and the Existing Contracts and Seller shall not deliver, and Buyer shall have no obligation to receive hereunder, any Gas volumes produced or owned by third parties, other terms than Gas produced by Seller and provisions hereofits Affiliates in xxxxx located on the lands described in Exhibit A and the Existing Contracts Volume, which shall be gathered, but not purchased, by Buyer hereunder. Buyer shall never be obligated to receive on any Day volumes of Gas hereunder in excess of 30,000 Mcf’s per Day, as such maximum volume is allocated to each Receipt Point as shown in Exhibit B, except that Seller, prior to the second anniversary of the Effective Date, shall have the right to deliver volumes to the Fonde Receipt Point in excess of the maximum volume shown in Exhibit B for such Receipt Point up to the lower of (x) the maximum available receipt capacity at such Fonde Receipt Point, or (y) a volume that when added to all volumes delivered by Seller at all Receipt Points does not exceed 30,000 Mcf’s per Day, by written notice to Buyer. If Seller elects to deliver such additional volumes to the Fonde Receipt Point, then Seller shall reduce (but not increase) the volumes delivered at one or more of the other Receipt Points so that the total volumes delivered hereunder never exceed 30,000 Mcf’s per Day. Any such election by Seller shall remain in effect until the second anniversary of the Effective Date and, for the term of the Contract, unless, prior to the second anniversary of the Effective Date, Seller shall sell and deliver, or cause notifies Buyer of any additional increase (but not decrease) in the volumes to be delivered to Buyer, at the Point(s) of Delivery hereunderFonde Receipt Point (up to 30,000 Mcf’s per Day), and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from xxxxx that were newly connected and not available to be included corresponding reductions in the nominations for such month as set forth above, then volumes delivered at one or more of the other Receipt Points necessary to cause the total volumes delivered hereunder to never exceed 30,000 Mcf’s per Day. Such final election by Seller shall remain in effect for the remainder remaining term of such month the residue gas delivered from such newly connected xxxxx shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderthis Agreement. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and”