Taking in Kind. Each Participant shall take in kind or separately dispose of its share of all Products in accordance with its Participating Interest. Any extra expenditure incurred in the taking in kind or separate disposition by any Participant of its proportionate share of Products shall be borne by such Participant. Nothing in this Agreement shall be construed as providing, directly or indirectly, for any joint or cooperative marketing or selling of Products or permitting the processing of Products of any parties other than the Participants at any processing facilities constructed by the Participants pursuant to this Agreement. The Manager shall give the Participants notice at least ten (10) days in advance of the delivery date upon which their respective shares of Products will be available.
Taking in Kind. Each Participant shall take in kind or separately dispose of its share of all Products in proportion to its Participating Interest. Any extra expenditure incurred in the taking in kind or separate disposition by either Participant of its proportionate share of Products shall be borne by such Participant. Nothing in this Agreement shall be construed as providing, directly or indirectly, for any joint or cooperative marketing or selling of Products or permitting the processing of Products owned by any third party at any processing facilities constructed by the Participants pursuant to this Agreement. The Manager shall give notice in advance of the anticipated delivery date upon which Products will be available.
Taking in Kind. Each Party shall take in kind or separately dispose of its proportionate share of all Unitized Substances, exclusive of any part thereof which may be used in development and producing operations and in preparing and treating oil or gas for marketing purposes and production unavoidably lost. Any extra expenditure incurred in the taking in kind or separate disposition by any Party of its proportionate share of Unitized Substances shall be borne by such Party. Each Party shall execute all division orders and contracts of sale pertaining to its interest in Unitized Substances, and shall be entitled to receive payment direct from the purchaser or purchasers thereof for its share thereof.
Taking in Kind. The Payee may, at its option elect, upon written notice to the Payor given prior to the commencement of any particular Fiscal Quarter, to receive payment in kind of the Royalty payable in respect of such Fiscal Quarter, by delivery of Refined Products, Other Refined Products or Intermediate Products having a Market Value equivalent to the cash value of such Royalty otherwise payable, but without deduction of those Permissible Deductions, if any, that might otherwise have been applied but may be avoided by the taking-in-kind. Any election hereunder by the Payee to receive payment in kind shall continue until the Payee delivers written notice to the Payor prior to the end of any Fiscal Quarter to cease such payment in kind.
Taking in Kind. Subject to Sections 22 and 28 below, Developer hereby reserves the exclusive right to take in kind or separately dispose of his proportionate share of all oil and gas produced from the wxxxx to be drilled hereunder, exclusive of production which may be used in development and producing operations, preparing and treating oil and gas for marketing purposes, production unavoidably lost and production used to fulfill any free gas obligations under the terms of the applicable lease. If Developer exercises the right to take its share of oil and gas in kind, Developer shall pay or deliver, or cause to be paid or delivered to the Operator, all royalties and overriding royalties based upon the highest price then being paid by industrial, utility, pipeline or other purchasers for gas of a like kind , at the point of delivery to either the purchaser or pipeline transporting facilities. Such price shall include all appropriate compression and transportation fees as the case may be. In the event Developer elects to separately dispose of its share of oil and gas, all royalties and overriding royalties shall be based on the contract price including brokerage fees, if any, and transportation and compression fees as long as the gas is in Operator's possession prior to the delivery point. Any extra expenditure incurred in taking in kind or separate disposition by any Developer of its proportionate share of the production shall be borne by the Developer, and such Developer shall reimburse Operator for any loss of income that Operator incurs by reason of such separate disposition. If Developer fails or neglects to make the arrangements necessary to take in kind or separately dispose of his proportionate share of oil and gas produced from any well covered by this Agreement within thirty (30) days following completion of such well, Operator shall have the right but not the obligation, to sell such oil and gas to others at any time and from time to time, for the account of the Developer at the best price reasonably obtainable under the circumstances. Any such purchase or sale by Operator shall be subject to the right of Developer to exercise its right to take in kind or to separately dispose of its share of oil and gas not previously delivered to any purchaser or committed to any purchaser. Any such purchase or sale by Operator of any Developer's share of oil and gas shall be only for such reasonable periods of time as are consistent with the minimum needs of the industry under ...
Taking in Kind. Subject to Section 27.1.2 hereof, each Party shall have the right, but not the obligation to take in kind or separately dispose of its proportionate share of all Petroleum Substances produced from the Leased Lands, exclusive of production which may be used in development and producing operations and in the preparation and treatment of production for marketing purposes and production unavoidably lost. Any Party shall have the right, at its sole risk and expense, to construct facilities for taking its share of production in kind, provided that such facilities at the time of installation do not interfere with continuing Operations on the Lease and adequate space is available therefore. Any extra expenditure incurred In the taking in kind or separate disposition by any Party of its proportionate share of production shall be borne by such Party. Notwithstanding the foregoing, and subject to Section 5.6 hereof, Operator agrees to take and sell all Petroleum Substances for the accounts of each Non-Operator unless and until a Non-Operator notifies Operator in writing that it has elected to take its share of Petroleum Substances in kind. For as long as Operator sells a Non-Operator's share of Petroleum Substances, Operator may charge such Non-Operator a fee equal to two cents ($0.02) per mcf (thousand cubic feet) sold for that Non-Operator's account.
Taking in Kind. Unless otherwise agreed by the Participants, each Participant shall take its Proportionate Share of Product in kind in accordance with the provisions set forth elsewhere in this Agreement, subject to the most favorable tax situation available to Siga under the tax laws of Canada.
Taking in Kind. Each Party shall currently take in kind or separately dispose of its share of Production (and only its share, but its share shall include any Production said Party is then making up as the result of its underlift pursuant to this Article XVIII). Each such Party shall have the right to construct, maintain, and operate all necessary facilities for that purpose, provided that they are so constructed, maintained, and operated as not to interfere with Unit operations. Any extra expenditures incurred by reason of the delivery in kind of any portion of the Production shall be borne by the receiving party. If a royalty owner has the right to take in kind a share of Production and fails to do so, those parties taking Production shall take the Royalty Share of Production in the manner provided in Article X. On all purchases or sales each Party shall execute any division order or contract of sale pertaining to its interest.
Taking in Kind. Each Participant shall take in kind or separately dispose of its share of all Products in accordance with its Participating Interest. Any expenditure incurred in the taking in kind of Products by a Participant shall be borne by it. Nothing in this Agreement shall be construed as providing, directly or indirectly, for any joint or cooperative marketing or selling of Products. The Manager shall give the Participants notice at least 10 days in advance of the delivery date upon which Products will be available.
Taking in Kind. 11.2 FAILURE OF PARTICIPANT TO TAKE IN KIND ................................................ 11.3 HEDGING................................................................................
