Common use of Recovery Period Clause in Contracts

Recovery Period. (i) If at the end of the Term there is any Make Up Gas remaining that has not been taken by Buyer during the Term, this Agreement shall be extended for the Recovery Period to allow Make Up Gas to be taken at a daily rate of up to the DCQ in effect immediately prior to the end of the Term, provided that there shall be no Recovery Period if this Agreement is terminated by Sellers pursuant to Clauses 15(f)(ii), 19 or 25. Buyer shall have no further rights to take Gas during the Recovery Period after it has taken such remaining Make Up Gas, and after such remaining Make Up Gas has been delivered, the Recovery Period shall be deemed to have expired. (ii) All Gas supplied during the Recovery Period shall be Make Up Gas. There shall be no contract quantity or supply quantity during the Recovery Period and Sellers shall not be liable for any shortfall or Buyer for take-or-pay obligations and the provisions of Clauses 10(b), 10(c) and 11 shall not apply to the supply of Gas during such period. (iii) The Gas Price that shall apply to all Gas delivered during the Recovery Period shall be the relevant Gas Price as in effect at the time of Gas delivery. During the Recovery Period, Buyer shall pay for all Gas, pursuant to Fortnightly invoices, at the relevant Gas Price and shall pay all other amounts payable under this Agreement in respect of Gas deliveries. Buyer shall receive a credit against each Fortnightly invoice for Gas taken as Make Up Gas during the Recovery Period for an amount equal to the Make Up Gas taken during that Fortnight multiplied by the lower of: (A) the Gas Price applicable during such Fortnight; and (B) the Weighted Average Gas Price previously paid in respect of the Quarterly Deficiency Quantity that gave rise to the Make Up Gas right. For such Make Up Gas delivered, Buyer shall have no rights to any amount previously paid in respect of the Quarterly Deficiency Quantity above the Gas Price prevailing at the time the Make Up Gas is delivered. The order in which the credit for such Make Up Gas shall be applied shall be the same order in which the Make Up Gas was accrued. (iv) If Buyer fails to nominate any Make Up Gas or Make Up Gas has been scheduled by Sellers during the Recovery Period and such quantity has not been taken by the Buyer, then the Sellers shall have no further obligations whatsoever towards such Make Up Gas quantity and Sellers shall not be required to deliver such Make Up Gas or make any payment, credit, refund or other adjustment to Buyer in respect of any such quantity of Make Up Gas. (v) If, upon the expiry of the Recovery Period, Xxxxx has failed to take any remaining Make Up Gas, then Buyer shall forfeit any and all rights to such remaining Make Up Gas, and Sellers shall not be required to deliver such Make Up Gas or to make any payment, credit, refund or other adjustment to Buyer in respect of any such outstanding Make Up Gas.

Recovery Period. (i) If at the end of the Term there is any Make Up Gas remaining that has not been taken by Buyer during the Term, this Agreement shall be extended for the Recovery Period to allow Make Up Gas to be taken at a daily rate of up to the DCQ in effect immediately prior to the end of the Term, provided that there shall be no Recovery Period if this Agreement is terminated by Sellers Seller pursuant to Clauses 15(f)(ii14(f)(ii), 19 18 or 2523. Buyer shall have no further rights to take Gas during the Recovery Period after it has taken such remaining Make Up Gas, and after such remaining Make Up Gas has been delivered, the Recovery Period shall be deemed to have expired. (ii) All Gas supplied during the Recovery Period shall be Make Up Gas. There shall be no contract quantity or supply quantity during the Recovery Period and Sellers Seller shall not be liable for any shortfall or Buyer for take-or-pay obligations and the provisions of Clauses 10(b9(b), 10(c9(c) and 11 10 shall not apply to the supply of Gas during such period. (iii) The Gas Price that shall apply to all Gas delivered during the Recovery Period shall be the relevant Gas Price as in effect at the time of Gas delivery. During the Recovery Period, Buyer shall pay for all Gas, pursuant to Fortnightly invoices, at the relevant Gas Price and shall pay all other amounts payable under this Agreement in respect of Gas deliveries. Buyer shall receive a credit against each Fortnightly invoice for Gas taken as Make Up Gas during the Recovery Period for an amount equal to the Make Up Gas taken during that Fortnight multiplied by the lower of: (A) the Gas Price applicable during such Fortnight; and (B) the Weighted Average Gas Price previously paid in respect of the Quarterly Deficiency Quantity that gave rise to the Make Up Gas right. For such Make Up Gas delivered, Buyer shall have no rights to any amount previously paid in respect of the Quarterly Deficiency Quantity above the Gas Price prevailing at the time the Make Up Gas is delivered. The order in which the credit for such Make Up Gas shall be applied shall be the same order in which the Make Up Gas was accrued. (iv) If Buyer fails to nominate any Make Up Gas or Make Up Gas has been scheduled by Sellers Seller during the Recovery Period and such quantity has not been taken by the Buyer, then the Sellers Seller shall have no further obligations whatsoever towards such Make Up Gas quantity and Sellers Seller shall not be required to deliver such Make Up Gas or make any payment, credit, refund or other adjustment to Buyer in respect of any such quantity of Make Up Gas. (v) If, upon the expiry of the Recovery Period, Xxxxx Buyer has failed to take any remaining Make Up Gas, then Buyer shall forfeit any and all rights to such remaining Make Up Gas, and Sellers Seller shall not be required to deliver such Make Up Gas or to make any payment, credit, refund or other adjustment to Buyer in respect of any such outstanding Make Up Gas.

Recovery Period. (i) If at the end of the Term there is any Make Up Gas remaining that has not been taken by Buyer during the Term, this Agreement shall be extended for the Recovery Period to allow Make Up Gas to be taken at a daily rate of up to the DCQ in effect immediately prior to the end of the Term, provided that there shall be no Recovery Period if this Agreement is terminated by Sellers Seller pursuant to Clauses 15(f)(ii14(f)(ii), 19 18 or 2523. Buyer shall have no further rights to take Gas during the Recovery Period after it has taken such remaining Make Up Gas, and after such remaining Make Up Gas has been delivered, the Recovery Period shall be deemed to have expired. (ii) All Gas supplied during the Recovery Period shall be Make Up Gas. There shall be no contract quantity or supply quantity during the Recovery Period and Sellers Seller shall not be liable for any shortfall or Buyer for take-or-pay obligations and the provisions of Clauses 10(b9(b), 10(c9(c) and 11 10 shall not apply to the supply of Gas during such period. (iii) The Gas Price that shall apply to all Gas delivered during the Recovery Period shall be the relevant Gas Price as in effect at the time of Gas delivery. During the Recovery Period, Buyer shall pay for all Gas, pursuant to Fortnightly invoices, at the relevant Gas Price and shall pay all other amounts payable under this Agreement in respect of Gas deliveries. Buyer shall receive a credit against each Fortnightly invoice for Gas taken as Make Up Gas during the Recovery Period for an amount equal to the Make Up Gas taken during that Fortnight multiplied by the lower of: (A) the Gas Price applicable during such Fortnight; and (B) the Weighted Average Gas Price previously paid in respect of the Quarterly Deficiency Quantity that gave rise to the Make Up Gas right. For such Make Up Gas delivered, Buyer shall have no rights to any amount previously paid in respect of the Quarterly Deficiency Quantity above the Gas Price prevailing at the time the Make Up Gas is delivered. The order in which the credit for such Make Up Gas shall be applied shall be the same order in which the Make Up Gas was accrued. (iv) If Buyer fails to nominate any Make Up Gas or Make Up Gas has been scheduled by Sellers Seller during the Recovery Period and such quantity has not been taken by the Buyer, then the Sellers Seller shall have no further obligations whatsoever towards such Make Up Gas quantity and Sellers Seller shall not be required to deliver such Make Up Gas or make any payment, credit, refund or other adjustment to Buyer in respect of any such quantity of Make Up Gas. (v) If, upon the expiry of the Recovery Period, Xxxxx has failed to take any remaining Make Up Gas, then Buyer shall forfeit any and all rights to such remaining Make Up Gas, and Sellers Seller shall not be required to deliver such Make Up Gas or to make any payment, credit, refund or other adjustment to Buyer in respect of any such outstanding Make Up Gas.

Recovery Period. (i) If at the end of the Term there is any Make Up Gas remaining that has not been taken by Buyer during the Term, this Agreement shall be extended for the Recovery Period to allow Make Up Gas to be taken at a daily rate of up to the DCQ in effect immediately prior to the end of the Term, provided that there shall be no Recovery Period if this Agreement is terminated by Sellers pursuant to Clauses 15(f)(ii), 19 or 25. Buyer shall have no further rights to take Gas during the Recovery Period after it has taken such remaining Make Up Gas, and after such remaining Make Up Gas has been delivered, the Recovery Period shall be deemed to have expired. (ii) All Gas supplied during the Recovery Period shall be Make Up Gas. There shall be no contract quantity or supply quantity during the Recovery Period and Sellers shall not be liable for any shortfall or Buyer for take-or-pay obligations and the provisions of Clauses 10(b), 10(c) and 11 shall not apply to the supply of Gas during such period. (iii) The Gas Price that shall apply to all Gas delivered during the Recovery Period shall be the relevant Gas Price as in effect at the time of Gas delivery. During the Recovery Period, Buyer shall pay for all Gas, pursuant to Fortnightly invoices, at the relevant Gas Price and shall pay all other amounts payable under this Agreement in respect of Gas deliveries. Buyer shall receive a credit against each Fortnightly invoice for Gas taken as Make Up Gas during the Recovery Period for an amount equal to the Make Up Gas taken during that Fortnight multiplied by the lower of: (A) the Gas Price applicable during such Fortnight; and (B) the Weighted Average Gas Price previously paid in respect of the Quarterly Monthly Deficiency Quantity that gave rise to the Make Up Gas right. For such Make Up Gas delivered, Buyer shall have no rights to any amount previously paid in respect of the Quarterly Monthly Deficiency Quantity above the Gas Price prevailing at the time the Make Up Gas is delivered. The order in which the credit for such Make Up Gas shall be applied shall be the same order in which the Make Up Gas was accrued. (iv) If Buyer fails to nominate any Make Up Gas or Make Up Gas has been scheduled by Sellers during the Recovery Period and such quantity has not been taken by the Buyer, then the Sellers shall have no further obligations whatsoever towards such Make Up Gas quantity and Sellers shall not be required to deliver such Make Up Gas or make any payment, credit, refund or other adjustment to Buyer in respect of any such quantity of Make Up Gas. (v) If, upon the expiry of the Recovery Period, Xxxxx has failed to take any remaining Make Up Gas, then Buyer shall forfeit any and all rights to such remaining Make Up Gas, and Sellers shall not be required to deliver such Make Up Gas or to make any payment, credit, refund or other adjustment to Buyer in respect of any such outstanding Make Up Gas.

Recovery Period. (ia) If at the end of the Basic Term and/or Extension Period, as the case may be, there is any Make Up Gas remaining that has not been taken by Buyer during the TermTerm and/or Extension Period, this Agreement shall be extended for as the case may be, then, in addition, the Recovery Period will be provided to allow Make Up Gas to be taken delivered by the Seller to the Buyer, subject to availability, at a daily rate of up to the DCQ highest DNQ which was in effect during the last 4 (four) Contract Quarters immediately prior to the end of the TermBasic Term and/or Extension Period, as the case may be, provided that there shall be no Recovery Period if this Agreement is terminated by Sellers Seller pursuant to Clauses 15(f)(ii)15.6, 19 or 25. Buyer shall have no further rights to take Gas during the Recovery Period after it has taken such remaining Make Up Gas, and after such remaining Make Up Gas has been delivered, the Recovery Period shall be deemed to have expired. For the avoidance of doubt, the delivery of the Make Up Gas during the Recovery Period shall be subject to the Seller’s availability of Gas from the Gas Fields. (iib) All Gas supplied during the Recovery Period shall be Make Up Gas. There shall be no contract quantity or supply quantity during the Recovery Period and Sellers The Seller shall not be liable for any shortfall or Buyer for take-or-pay obligations and the provisions of Clauses 10(b)10.2, 10(c) 10.3 and 11 shall not apply to the supply of Gas during such period. (iiic) The Gas Price that shall apply to all Gas delivered during the Recovery Period shall be the relevant Gas Price as in effect at the time of Gas delivery. During the Recovery Period, Buyer shall pay for all Gas, pursuant to Fortnightly invoices, at the relevant Gas Price and shall pay all other amounts payable under this Agreement in respect of Gas deliveries. Buyer shall receive a credit against each Fortnightly invoice for Gas taken as Make Up Gas during the Recovery Period for an amount equal to the Make Up Gas taken during that Fortnight multiplied by the lower of: (Ai) the Gas Price applicable during such Fortnight; and (Bii) the Weighted Average Gas Price previously paid in respect of the Quarterly Deficiency Shortlifted Quantity that gave rise to the Make Up Gas right. For such Make Up Gas delivered, Buyer shall have no rights to any amount previously paid in respect of the Quarterly Deficiency Shortlifted Quantity above the Gas Price prevailing at the time the Make Up Gas is delivered. The order in which the credit for such Make Up Gas shall be applied shall be the same order in which the Make Up Gas was accrued. (ivd) If Buyer fails to nominate any Make Up Gas or Make Up Gas has been scheduled by Sellers Seller during the Recovery Period and such quantity has not been taken by the Buyer, then the Sellers Seller shall have no further obligations whatsoever towards such Make Up Gas quantity and Sellers Seller shall not be required to deliver such Make Up Gas or make any payment, credit, refund or other adjustment to Buyer in respect of any such quantity of Make Up Gas. (ve) If, upon the expiry of the Recovery Period, Xxxxx has failed to take any remaining Make Up Gas, then Buyer shall forfeit any and all rights to such remaining Make Up Gas, and Sellers Seller shall not be required to deliver such Make Up Gas or to make any payment, credit, refund or other adjustment to Buyer in respect of any such outstanding Make Up Gas.

Recovery Period. (i) If at the end of the Term there is any Make Up Gas remaining that has not been taken by Buyer during the Term, this Agreement shall be extended for the Recovery Period to allow Make Up Gas to be taken at a daily rate of up to the DCQ in effect immediately prior to the end of the Term, provided that there shall be no Recovery Period if this Agreement is terminated by Sellers Seller pursuant to Clauses 15(f)(ii14(f)(ii), 19 18 or 2523. Buyer shall have no further rights to take Gas during the Recovery Period after it has taken such remaining Make Up Gas, and after such remaining Make Up Gas has been delivered, the Recovery Period shall be deemed to have expired. (ii) All Gas supplied during the Recovery Period shall be Make Up Gas. There shall be no contract quantity or supply quantity during the Recovery Period and Sellers Seller shall not be liable for any shortfall or Buyer for take-or-pay obligations and the provisions of Clauses 10(b9(b), 10(c9(c) and 11 10 shall not apply to the supply of Gas during such period. (iii) The Gas Price that shall apply to all Gas delivered during the Recovery Period shall be the relevant Gas Price as in effect at the time of Gas delivery. During the Recovery Period, Buyer shall pay for all Gas, pursuant to Fortnightly invoices, at the relevant Gas Price and shall pay all other amounts payable under this Agreement in respect of Gas deliveries. Buyer shall receive a credit against each Fortnightly invoice for Gas taken as Make Up Gas during the Recovery Period for an amount equal to the Make Up Gas taken during that Fortnight multiplied by the lower of: (A) the Gas Price applicable during such Fortnight; and (B) the Weighted Average Gas Price previously paid in respect of the Quarterly Monthly Deficiency Quantity that gave rise to the Make Up Gas right. For such Make Up Gas delivered, Buyer shall have no rights to any amount previously paid in respect of the Quarterly Monthly Deficiency Quantity above the Gas Price prevailing at the time the Make Up Gas is delivered. The order in which the credit for such Make Up Gas shall be applied shall be the same order in which the Make Up Gas was accrued. (iv) If Buyer fails to nominate any Make Up Gas or Make Up Gas has been scheduled by Sellers Seller during the Recovery Period and such quantity has not been taken by the Buyer, then the Sellers Seller shall have no further obligations whatsoever towards such Make Up Gas quantity and Sellers Seller shall not be required to deliver such Make Up Gas or make any payment, credit, refund or other adjustment to Buyer in respect of any such quantity of Make Up Gas. (v) If, upon the expiry of the Recovery Period, Xxxxx has failed to take any remaining Make Up Gas, then Buyer shall forfeit any and all rights to such remaining Make Up Gas, and Sellers Seller shall not be required to deliver such Make Up Gas or to make any payment, credit, refund or other adjustment to Buyer in respect of any such outstanding Make Up Gas.

Recovery Period. (i) If at the end of the Term there is any Make Up Gas remaining that has not been taken by Buyer during the Term, this Agreement shall be extended for the Recovery Period to allow Make Up Gas to be taken at a daily rate of up to the DCQ in effect immediately prior to the end of the Term, provided that there shall be no Recovery Period if this Agreement is terminated by Sellers pursuant to Clauses 15(f)(ii), 19 or 25. Buyer shall have no further rights to take Gas during the Recovery Period after it has taken such remaining Make Up Gas, and after such remaining Make Up Gas has been delivered, the Recovery Period shall be deemed to have expired. (ii) All Gas supplied during the Recovery Period shall be Make Up Gas. There shall be no contract quantity or supply quantity during the Recovery Period and Sellers shall not be liable for any shortfall or Buyer for take-or-pay obligations and the provisions of Clauses 10(b), 10(c) and 11 shall not apply to the supply of Gas during such period. (iii) The Gas Price that shall apply to all Gas delivered during the Recovery Period shall be the relevant Gas Price as in effect at the time of Gas delivery. During the Recovery Period, Buyer shall pay for all Gas, pursuant to Fortnightly invoices, at the relevant Gas Price and shall pay all other amounts payable under this Agreement in respect of Gas deliveries. Buyer shall receive a credit against each Fortnightly invoice for Gas taken as Make Up Gas during the Recovery Period for an amount equal to the Make Up Gas taken during that Fortnight multiplied by the lower of: (A) the Gas Price applicable during such Fortnight; and (B) the Weighted Average Gas Price previously paid in respect of the Quarterly Deficiency Quantity that gave rise to the Make Up Gas right. For such Make Up Gas delivered, Buyer shall have no rights to any amount previously paid in respect of the Quarterly Deficiency Quantity above the Gas Price prevailing at the time the Make Up Gas is delivered. The order in which the credit for such Make Up Gas shall be applied shall be the same order in which the Make Up Gas was accrued. (iv) If Buyer fails to nominate any Make Up Gas or Make Up Gas has been scheduled by Sellers during the Recovery Period and such quantity has not been taken by the Buyer, then the Sellers shall have no further obligations whatsoever towards such Make Up Gas quantity and Sellers shall not be required to deliver such Make Up Gas or make any payment, credit, refund or other adjustment to Buyer in respect of any such quantity of Make Up Gas. (v) If, upon the expiry of the Recovery Period, Xxxxx Buyer has failed to take any remaining Make Up Gas, then Buyer shall forfeit any and all rights to such remaining Make Up Gas, and Sellers shall not be required to deliver such Make Up Gas or to make any payment, credit, refund or other adjustment to Buyer in respect of any such outstanding Make Up Gas.