Common use of Additional Gas Clause in Contracts

Additional Gas. Gas tendered for delivery to BUYER at the Receipt Point(s) in excess of the Contract Volume shall be deemed “Additional Gas”. BUYER shall use its best reasonable efforts to purchase all Additional Gas tendered for delivery by SELLER. In the event BUYER is unable to take any portion of the Additional Gas, such portion (“Excess Gas”) shall be released from the terms of this Agreement until and unless, within thirty (30) days of such release BUYER notifies SELLER of intent to take and purchase such Excess Gas under the terms of this Agreement and the date upon which such receipts are to commence, provided such receipts are to commence no later than (**) days from the date of BUYER’s notice, and subject to Seller’s prior nominations, which nominations shall not exceed a one-month period. Failure to provide notice to SELLER of its intent to take such Excess Gas shall be deemed a permanent release of such Gas.

Appears in 1 contract

Sources: Gas Purchase Agreement (Eagle Rock Energy Partners, L.P.)

Additional Gas. Gas tendered for delivery to BUYER at the Receipt Point(s) in excess of the Contract Volume shall be deemed “Additional Gas”. BUYER shall use its best reasonable efforts to purchase all Additional Gas tendered for delivery by SELLER. In the event BUYER is unable to take any portion of the Additional Gas, such portion (“Excess Gas”) shall be released from the terms of this Agreement until and unless, within thirty (30) days of such release BUYER notifies SELLER of intent to take and purchase such Excess Gas under the terms of this Agreement and the date upon which such receipts are to commence, provided such receipts are to commence no later than ninety (**90) days from the date of BUYER’s notice, and subject to Seller’s prior nominations, which nominations shall not exceed a one-month period. Failure to provide notice to SELLER of its intent to take such Excess Gas shall be deemed a permanent release of such Gas.

Appears in 1 contract

Sources: Gas Purchase Agreement (Eagle Rock Energy Partners, L.P.)