SMALL-VOLUME SOURCES Sample Clauses

SMALL-VOLUME SOURCES. Dynegy and Producer acknowledge that Producer has interests in certain Sources of Supply, or at certain Supply Points, where Producer's share of the gas production is so small that it may be more efficient for Producer to sell such gas into a local market, to a local service provider, to the operator of the xxxxx or another working interest partner, or otherwise. By delivering a notice ("Release Notice") to Dynegy, as hereafter described, Producer may exclude from commitment under this Agreement any Small-Volume Source (defined as a Source of Supply producing less than 2,000 MMBtu per day of gas, or an individual Supply Point producing less than 000 XXXxx per day of gas, in either case averaged over any three consecutive month period occurring within six months prior to Producer's delivery of the Release Notice). Any such Release Notices shall be in writing (which may include an e-mail transmittal acknowledged by a responsive e-mail from Dynegy) and shall include a description of the Small-Volume Source to be released, the production details supporting the Small-Volume Source's qualification as such, and the effective date of the release, which shall be not less than forty-five days after delivery of the Release Notice to Dynegy. Upon not less than forty-five days' prior written notice to Dynegy, Producer may also re-commit any Small-Volume Source under this Agreement, in which case Producer's gas production from that Small-Volume Source shall once again be considered Committed Gas. Should Producer's share of the gas production from any Small-Volume Source released under this Section subsequently rise to a level materially exceeding the 2,000 MMBtu or 200 MMBtu limits described above, then Producer, at its next opportunity following termination of any conflicting contractual commitment, shall make such gas available to Dynegy as Committed Gas under this Agreement.
Sample 1
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