Common use of Send or Pay Clause in Contracts

Send or Pay. (a) With effect from the Date of First Continuous Production and with respect to each Contract Year (or part Contract Year) of this Agreement thereafter until such time (if any) as the Shippers Group is required to pay a charge pursuant to clause 8.04 of Section 2, the Shippers Group shall be obliged to pay for, whether or not sent, a minimum of eighty-five per cent (85%) of the FMQ with respect to each Contract Year (the “Tariff Minimum Quantity”). The Tariff Minimum Quantity shall be expressed in Barrels. (b) The Tariff Minimum Quantity shall be reduced by the quantity of Shippers Production (up to the FMQ) which would have been tendered for delivery by the Shippers Group at the Transfer Point but for: (i) a throughput restriction or a reduction in capacity in the FPS System or any part thereof; or (ii) any other circumstance; which, in the case of both (i) and / or (ii) above, arises as a result of the operation of:

Send or Pay. (a) With effect from the Date of First Continuous Production and with respect to each Contract Year (or part Contract Year) of this Agreement thereafter until such time (if any) as the Shippers Group is required to pay a charge pursuant to clause Clause 8.04 of Section 2, the Shippers Group shall be obliged to pay for, whether or not sent, a minimum of eighty-five per cent (85%) of the FMQ with respect to each Contract Year (the “Tariff Minimum Quantity”). The Tariff Minimum Quantity shall be expressed in Barrels. (b) The Tariff Minimum Quantity shall be reduced by the quantity of Shippers Production (up to the FMQ) which would have been tendered for delivery by the Shippers Group at the Transfer Point but for: (i) a throughput restriction or a reduction in capacity in the FPS System or any part thereof; or (ii) any other circumstance; which, in the case of both (i) and / or (ii) above, arises as a result of the operation of:: (aa) Clause 12.01(a) of Section 2; or

Send or Pay. ‌ (a) With effect from the Date of First Continuous Production and with respect to each Contract Year (or part Contract Year) of this Agreement thereafter until such time (if any) as the Shippers Group is required to pay a charge pursuant to clause Clause 8.04 of Section 2, the Shippers Group shall be obliged to pay for, whether or not sent, a minimum of eighty-five per cent (85%) of the FMQ with respect to each Contract Year (the “Tariff Minimum Quantity”). The Tariff Minimum Quantity shall be expressed in Barrels. (b) The Tariff Minimum Quantity shall be reduced by the quantity of Shippers Production (up to the FMQ) which would have been tendered for delivery by the Shippers Group at the Transfer Point but for: (i) a throughput restriction or a reduction in capacity in the FPS System or any part thereof; or (ii) any other circumstance; which, in the case of both (i) and / or (ii) above, arises as a result of the operation of:: (aa) Clause 12.01(a) of Section 2; or