Excluded Gas definition

Excluded Gas shall have the meaning set forth in Section 3.2.
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Excluded Gas means and include (a) at Seller's sole discretion, Gas owned or controlled by Seller that is being sold, on the Effective Date, on behalf of Seller under a joint operating agreement, unit operating agreement or similar agreement to which Seller is a party, (b) at Seller's sole discretion, Gas production commencing or acquired from a new source after the Effective Date which is owned or controlled by Seller and which Seller elects to have sold on its behalf under a joint operating agreement, unit operating agreement or similar agreement to which Seller is a party at any time after the Effective Date, provided that the quantity of such Gas, when available for initial delivery by Seller, does not exceed 150,000 cubic feet per Day per well, (c) at Seller's sole discretion, Gas sold under (i) any binding and enforceable Gas sales contracts existing on the Effective Date, and (ii) any binding and enforceable Gas sales contracts burdening properties acquired by Seller after the Effective Date (insofar as the same existed as of the date of acquisition) during the primary term thereof and any extensions of contracts described in (i) or (ii) above made in accordance with the terms of such contracts governing extensions or renewals (it being understood, however, that Seller, at its sole discretion, may have such contracts administered by Buyer in accordance with that certain Contract Administration Agreement of even date herewith between Seller and Buyer), and (iii) applicable calls on production, rights of first refusal or similar rights in favor of third parties with respect to Gas of the sort customarily found in joint operating agreements, unit agreements or other agreements typically entered into in connection with Gas exploration and production activities, to which agreements Seller is a party on the Effective Date, and (iv) applicable calls on production or reversionary rights to convert retained overriding royalties into working interests in favor of third parties with respect to Gas production commencing or acquired after the Effective Date, such rights being of the sort customarily found in farm-ins or other drill-to-earn agreements, (d) Gas subject to the reservations set forth in Sections 3.6 and 3.7, (e) Disposition Gas (as defined in Section 3.3, if released in accordance with Sections 3.3 and 9.2), (f) Lien Gas (as defined in Section 3.7, if released in accordance with such Section 3.7), (g) other Committed Gas released from this Agreement pursuant to ...
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Excluded Gas is defined in Section 2.2.
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Examples of Excluded Gas in a sentence

  • Each party included in the term "Seller" shall cause any and all of their current and future Affiliates (including subsidiaries) which own or control Gas production in North America, onshore or offshore (but excluding any Gas defined as Excluded Gas), to the extent not already parties to the Agreement and to the extent this Agreement is still in full force and effect, to ratify, approve, assume and agree to be bound by all of the terms, obligations, and provisions of this Agreement.

  • During the term hereof and subject to any limitations herein set forth, Seller shall sell to Buyer and Buyer shall purchase from Seller all deliverable Gas owned or controlled (as defined in Article XIII) by Seller during the term of this Agreement in North America (onshore and offshore), excluding, however, Gas defined as Excluded Gas.

  • Notwithstanding the foregoing, the Parties also acknowledge and agree that 65% of the interest in Existing Agreement W▇▇▇▇ shall not be included within the definition of Excluded Gas, and such 65% interest in such w▇▇▇▇, as well as EnCana Gas, is dedicated to Enterprise for the life of lease under existing gathering and processing agreements.

  • Excluded Gas" means Pre-Effective Date Commitment Gas, Post-Effective Date Commitment Gas, Lease Use Gas, Small Non-Operated Well Gas, Other Services Gas, Third Party Operations Gas, Non-Conventional Gas, Tax Law Change Gas, Property Management Gas, and Cogeneration Gas, as each is defined in this Section 2.2.

  • Notwithstanding Seller's Reservations or the definition in Section 2.2 of Excluded Gas, during each Month during the term hereof, Seller shall make available, including gas delivered by a Seller Affiliate or under the Agency Agreement, to Purchaser at the Delivery Points a quantity of gas equal to the Minimum Monthly Quantity for that Month.


More Definitions of Excluded Gas

Excluded Gas means (a) Gas produced attributable to lands outside the area depicted on Exhibit "A" attached hereto, (b) Gas that is dedicated to pre-effective date commitments for Gas required to fulfill Seller's obligations under (i) the take-in-kind royalty provisions of its oil, Gas and mineral leases (provided that Seller shall not actively encourage any lessor to take its royalty share of Gas in-kind and shall not agree to remarket any Gas taken in-kind by a lessor), (ii) agreements to which Seller is a Party including obligations pursuant to calls on production, rights of first refusal, reversionary rights to convert retained overriding royalties into working interests and similar rights in favor of third Persons for those times and to the extent third parties have exercised their rights to enforce such obligations, (c) Gas subject to the operational reservations set forth in Section 3.6.1; (d) Gas sold to a third party in accordance with Section 14.5 hereof but only during the continuance of the event of Force Majeure; and (e) such other Gas as Seller proposes to exclude and Buyer agrees in writing, in Buyer's sole discretion, may be excluded.
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Excluded Gas means Pre-Effective Date Commitment Gas, Post-Effective Date Commitment Gas, Lease Use Gas, Small Non-Operated Well Gas, Other Services Gas, Third Party Operations Gas, Non-Conventional Gas, Tax Law Change Gas, Property Management Gas, and Cogeneration Gas, as each is defined in this Section 2.2.
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Excluded Gas means all Petroleum Substances injected into or contained within the Assets, as applicable, currently under the custody and control of Vendor but for which title thereto remains with Third Parties under storage agreements between Wild Rose and such Third Parties or otherwise;
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Related to Excluded Gas

  • Excluded Costs shall be defined as (i) any mortgage charges (including interest, principal, points and fees); (ii) brokerage commissions; (iii) salaries of executives and owners not directly employed in the management/operation of the Property; (iv) the cost of work done by Landlord for a particular tenant; (v) the cost of items which, by generally accepted accounting principles, would be capitalized on the books of Landlord or are otherwise not properly chargeable against income, except to the extent permitted pursuant to Section A (i) or (ii) above; (vi) the costs of Landlord’s Work and any contributions made by Landlord to any tenant of the Property in connection with the build-out of its premises; (vii) franchise or income taxes imposed on Landlord; (viii) costs paid directly by individual tenants to suppliers, including tenant electricity, telephone and other utility costs; (ix) increases in premiums for insurance when such increase is caused by the use of the Building by Landlord or any other tenant of the Building; (x) maintenance and repair of capital items not a part of the Building or the Property; (xi) depreciation of the Building; (xii) costs relating to maintaining Landlord’s existence as a corporation, partnership or other entity; (xiii) advertising and other fees and costs incurred in procuring tenants; (xiv) the cost of any items for which Landlord is reimbursed by insurance, condemnation awards, refund, rebate or otherwise, and any expenses for repairs or maintenance to the extent covered by warranties, guaranties and service contracts; (xv) costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants; and (xvi) costs incurred in connection with the clean-up, response action or remediation of Hazardous Materials at the Property; (xvii) costs incurred for the replacement of (i.e., as opposed to the maintenance and repair of) the Acid Neutralization Tank; (xviii) costs in connection with the leasing of space in the Building, including lease concessions, rental abatement and construction allowances granted to specific tenants; (xix) costs incurred with the sale, financing or refinancing of the Building, fines, interest and penalties incurred due to the late payment of taxes or expenses; (xx) costs incurred by Landlord in connection with the correction of defects in design and original construction of the Building or Property; the costs or expenses of any services or benefits provided generally to the other tenants in the Building and not provided or available to Tenant; sums (other than management fees, it being agreed that the management fees included in Building Operating Costs are as described above) paid to subsidiaries or other affiliates of Landlord for services on or to the Property, Building or the First Floor Premises, but only to the extent that the costs of such services exceed the competitive cost for such services rendered by persons or entities of similar skill, competence and experience; any general administrative expenses, which costs would not be chargeable to operating expenses of the Building in accordance with generally accepted accounting principles, consistently applied; or any penalties or damages that Landlord pays to Tenant under this Lease or to other tenants in the Building under their respective leases.

  • Excluded Contract means, at any date, any rights or interest of the Borrower or any Guarantor under any agreement, contract, license, instrument, document or other general intangible (referred to solely for purposes of this definition as a “Contract”) to the extent that such Contract by the terms of a restriction in favor of a Person who is not the Borrower or any Guarantor, or any requirement of law, prohibits, or requires any consent or establishes any other condition for or would terminate because of an assignment thereof or a grant of a security interest therein by the Borrower or a Guarantor; provided that (i) rights under any such Contract otherwise constituting an Excluded Contract by virtue of this definition shall be included in the Collateral to the extent permitted thereby or by Section 9-406 or Section 9-408 of the Uniform Commercial Code and (ii) all proceeds paid or payable to any of the Borrower or any Guarantor from any sale, transfer or assignment of such Contract and all rights to receive such proceeds shall be included in the Collateral.

  • Excluded Contracts has the meaning set forth in Section 2.02(a).

  • Excluded Debt , in relation to a debtor, means any:

  • Excluded Asset Disposition means an Asset Disposition permitted pursuant to Section 7.05 other than Asset Dispositions pursuant to Sections 7.05(vii), (xiii), and (xv).