Common use of Volumes in Excess of MDQ Clause in Contracts

Volumes in Excess of MDQ. If (i) Producers have a volume of Producers’ Gas and MV Mitigation Gas available to deliver in excess of the Xxxxxxx Maximum Daily Quantity for a Xxxxxxx Gathering System, (ii) Producers request that Gatherer accept such volume (the “Additional Volume”) on such Xxxxxxx Gathering System, and (iii) there is no capacity available on such Xxxxxxx Gathering System at the time of such request, then within 30 Days following receipt of such request Gatherer may offer to take such actions as are necessary to make available new capacity on such Xxxxxxx Gathering System sufficient to cover the Additional Volume. If within 10 Days following Producers’ receipt of such offer the Parties have not reached an agreement on the fees that would apply to such new capacity (or if Gatherer does not make an offer within the aforesaid 30 Day period), then Producers may request and Gatherer shall execute a written release from this Agreement of the spacing/drilling units of the xxxxx that produce the Additional Volume (the “Additional Volume Xxxxx”). With respect to any release pursuant to the preceding paragraph, Producers shall reasonably determine the volumes of Gas that would be produced from the Additional Volume Xxxxx over the first 3 Years of the productive life of such xxxxx, such determination to be based on the type curve shown in Schedule 9 (the sum of such volumes, the “Projected Additional Volume Xxxxx Amount”). The “MVC Additional Volume Xxxxx Amount” shall be equal to the amount by which the Projected Additional Volume Xxxxx Amount exceeds the average daily capacity of such Xxxxxxx Gathering System used by Persons other than Producers and their Affiliates over the most recent 30 Day period preceding such release for which such information is available. Once determined, the MVC Additional Volume Xxxxx Amount shall be included in the determination of the Adjusted Xxxxxxx Annual Minimum Volume as provided in Section 4(d) of Exhibit A in the last Year of the Xxxxxxx Annual Minimum Volume Period.

Volumes in Excess of MDQ. If (i) Producers have a volume of Producers’ Gas and MV Mitigation Gas available to deliver in excess of the Xxxxxxx Maximum Daily Quantity for a Xxxxxxx Gathering System, (ii) Producers request that Gatherer accept such volume (the “Additional Volume”) on such Xxxxxxx Gathering System, and (iii) there is no capacity available on such Xxxxxxx Gathering System at the time of such request, then within 30 Days following receipt of such request Gatherer may offer to take such actions as are necessary to make available new capacity on such Xxxxxxx Gathering System sufficient to cover the Additional Volume. If within 10 Days following Producers’ receipt of such offer the Parties have not reached an agreement on the fees that would apply to such new capacity (or if Gatherer does not make an offer within the aforesaid 30 Day period), then Producers may request and Gatherer shall execute a written release from this Agreement of the spacing/drilling units of the xxxxx that produce the Additional Volume (the “Additional Volume Xxxxx”). With respect to any release pursuant to the preceding paragraph, Producers shall reasonably determine the volumes of Gas that would be produced from the Additional Volume Xxxxx over the first 3 Years of the productive life of such xxxxx, such determination to be based on the type curve shown in Schedule 9 A10 (the sum of such volumes, the “Projected Additional Volume Xxxxx Amount”). The “MVC Additional Volume Xxxxx Amount” shall be equal to the amount by which the Projected Additional Volume Xxxxx Amount exceeds the average daily capacity of such Xxxxxxx Gathering System used by Persons other than Producers and their Affiliates over the most recent 30 Day period preceding such release for which such information is available. Once determined, the MVC Additional Volume Xxxxx Amount shall be included in the determination of the Adjusted Xxxxxxx Annual Minimum Volume as provided in Section 4(d) of Exhibit A in the last Year of the Xxxxxxx Annual Minimum Volume Period.