Common use of Additional Volume Clause in Contracts

Additional Volume. Effective October 1, 2010, and applying prospectively thereafter, Estimated Production shall be increased above the current effective total Estimated Production of [***] Barrels per Day for the West Plants and East Plants, in the aggregate (the “Base Estimated Production”), based on and subject to the following terms and conditions: A. Effective October 1, 2010 until December 31, 2010, the volume of NGLs tendered by Customer from the East Plants will be increased by [***] Barrels per Day (the “First Additional Volume”), which will increase Estimated Production for the East Plants and West Plants, in the aggregate, from [***] Barrels Per Day to [***] Barrels. Effective January 1, 2011, and applying prospectively thereafter, the volume of NGLs tendered by Customer from the East Plants will be increased by an additional [***] Barrels per day (the “Second Additional Volume”) , which will increase Estimated Production for the East Plants and West Plants, in the aggregate, from [***] Barrels per Day to [***] Barrels per Day. The First Additional Volume together with the Second Additional Volume shall hereinafter be collectively referred to as the “Additional Volume”. B. For each Gallon of Additional Volume delivered to Processor, Customer shall pay Processor a Base Exchange Differential of (i) [***] per Gallon for ethane, and (ii) [***] per Gallon for Propane Plus, each as adjusted pursuant to Subsection 3.6.B of the Agreement. Such Base Exchange Differential (as adjusted) shall be charged Customer by Processor upon receipt of the Additional Volume at the Delivery Points. C. If at the end of any delivery Month, Customer failed to deliver to Processor [***] of the then applicable Additional Volume (the “Take or Pay Amount”), Customer shall be obligated to pay to Processor [***] per Gallon (the “Take or Pay Fee”) for each Gallon of the Additional Volume Customer did not deliver up to the Take or Pay Amount (excluding such portion of the then applicable Additional Volume that is allocable to Days during such delivery Month that (i) Processor was unable to receive NGLs at any of the Delivery Points, or (ii) Customer, for reasons of Force Majeure, was unable to deliver NGLs to any of the Delivery Points). The Take or Pay Fee shall be adjusted pursuant to Subsection 3.6.B.(iii) of the Agreement. D. Processor’s right to reduce Estimated Production under Section 3.2.B of the Agreement (as reflected in the First Amendment) shall only apply to the Base Estimated Production, not the Additional Volume. Should Processor exercise such right, and its evaluation results in Processor reducing Customer’s then-effective Base Estimated Production, the manner in which the reduced Estimated Production shall be allocated for purposes of determining (i) whether Customer has delivered the required Take or Pay Amount of Additional Volume, and (ii) the Base Exchange Differential (as adjusted) that Customer shall be charged by Processor for NGLs delivered by Customer to Processor: (a) the full amount of the Estimated Production shall first go towards the Base Estimated Production, with the Base Exchange Differential being determined under Section 3.6 of the Original Agreement during the Option Term, then Section 3.6 as amended by this Amendment thereafter; (b) remaining Estimated Production, if any, shall next go towards the full amount of any incremental increase(s) in volume which resulted from an increase in the then-effective Estimated Production under Sections 3.2.A and 3.2.B of the Agreement (as reflected in the First Amendment), with the Base Exchange Differential being determined under Section 3.B of this Amendment unless the Parties have otherwise agreed that such volume increase(s) will be charged a different exchange differential; and (c) remaining Estimated Production, if any, shall then go towards the Additional Volume, with the Base Exchange Differential being determined under Section 3.B of this Amendment.

Additional Volume. Effective October September 1, 20102011, and applying prospectively thereafter, Estimated Production for the East Plants shall be increased above the current effective total Estimated Production of [***] 8,700 Barrels per Day for the West Plants and East Plants, (as reflected in the aggregate Section 3 of this Amendment) (the “East Plants Base Estimated Production”), based on and subject to the following terms and conditions: A. Effective October 1, 2010 until December 31, 2010, the volume of NGLs tendered by Customer from the East Plants will be increased by [***] Barrels per Day (the “First Additional Volume”), which will increase Estimated Production for the East Plants and West Plants, in the aggregate, from [***] Barrels Per Day to [***] Barrels. Effective January September 1, 2011, and applying prospectively thereafter, the volume of NGLs tendered by Customer from the East Plants Phoenix Plant will be increased by an additional [***] 1,100 Barrels per day Day (the “Second Phoenix Additional Volume”) ), which will increase Estimated Production for the East Plants and West Plants, in the aggregate, Phoenix Plant from [***] 5,700 Barrels per Day (as reflected in Section 4 of this Amendment) to [***] 6,800 Barrels per Day. Effective as of the ▇▇▇▇▇▇▇ Plant Completion Date, and applying prospectively thereafter, the volume of NGLs tendered by Customer from the ▇▇▇▇▇▇▇ Plant shall be 7,000 Barrels per Day (the “▇▇▇▇▇▇▇ Estimated Production”). The First Phoenix Additional Volume together with the Second Additional Volume ▇▇▇▇▇▇▇ Estimated Production shall hereinafter be collectively referred to as the “Third Amendment Additional Volume”. B. For each Gallon of Third Amendment Additional Volume delivered to Processor, Customer shall pay Processor a Base Exchange Differential of as follows: for the Phoenix Additional Volume, Customer shall pay (i) [***] per Gallon for ethane, and (ii) [***] per Gallon for Propane Plus, and for the ▇▇▇▇▇▇▇ Estimated Production, Customer shall pay (i) [***] per Gallon for ethane, and (ii) [***] per Gallon for Propane Plus, each as adjusted pursuant to Subsection 3.6.B of the Agreement. Such Base Exchange Differential Differentials (as adjusted) shall be charged Customer by Processor upon receipt of the Third Amendment Additional Volume at the Delivery Points. C. If at the end of any delivery Month, Customer failed to deliver to Processor [***] ninety percent (90%) of the then applicable Phoenix Additional Volume (the “Phoenix Take or Pay Amount”), Customer shall be obligated to pay to Processor [***] per Gallon (the “Phoenix Take or Pay Fee”) for each Gallon of the Phoenix Additional Volume Customer did not deliver up to the Phoenix Take or Pay Amount. Additionally, if at the end of any delivery Month, Customer failed to deliver to Processor ninety percent (90%) of the ▇▇▇▇▇▇▇ Estimated Production (the “▇▇▇▇▇▇▇ Take or Pay Amount”), Customer shall be obligated to pay to Processor [***] per Gallon (the “▇▇▇▇▇▇▇ Take or Pay Fee”) for each Gallon of the ▇▇▇▇▇▇▇ Estimated Production Customer did not deliver up to the ▇▇▇▇▇▇▇ Take or Pay Amount. Each of the Phoenix Take or Pay Amount (excluding and the ▇▇▇▇▇▇▇ Take or Pay Amount shall exclude such portion of the then applicable Phoenix Additional Volume and the ▇▇▇▇▇▇▇ Estimated Production, respectively, that is allocable to Days during such delivery Month that (i) Processor was unable to receive NGLs at any of the applicable Delivery PointsPoint, or (ii) Customer, for reasons of Force Majeure, was unable to deliver NGLs to any such Delivery Point. Each of the Delivery Points). The Phoenix Take or Pay Fee and the ▇▇▇▇▇▇▇ Take or Pay Fee shall be adjusted pursuant to Subsection 3.6.B.(iii) of the Agreement. Notwithstanding anything to the contrary herein, the ▇▇▇▇▇▇▇ Take or Pay Fee only shall apply to delivery Months commencing after the expiration of ninety (90) Days following the ▇▇▇▇▇▇▇ Plant Completion Date. D. Processor’s right to reduce Estimated Production under Section 3.2.B of the Agreement (as reflected in the First Amendment) shall only apply to the Base Estimated Production, not the Additional Volume. Should Processor exercise such right, and its evaluation results in Processor reducing Customer’s then-effective Base Estimated Production, the The manner in which the reduced Estimated Production shall be allocated for purposes of determining (i) whether Customer has delivered the required Take or Pay Amount of Additional Volumeobligations, and (ii) determining the Base Exchange Differential (as adjusted) that Customer shall be charged by Processor for NGLs delivered by Customer to Processor, shall be as follows: (a) the full amount of the Estimated Production shall first go towards the Base Estimated ProductionProduction (as defined in the Second Amendment), with the Base Exchange Differential being determined under Section 3.6 of the Original Agreement during the Option Term, then Section 3.6 as amended by this the Second Amendment thereafter; (b) remaining Estimated Production, if any, shall next go towards the full amount of any incremental increase(s) in volume which resulted from an increase in the then-effective Estimated Production under Sections 3.2.A and 3.2.B of the Agreement (as reflected in the First Amendmentamended), with the Base Exchange Differential being determined under Section 3.B of this the Second Amendment unless the Parties have otherwise agreed that such volume increase(s) will be charged a different exchange differential; (c) remaining Estimated Production, if any, shall next go towards the Additional Volume (as defined in the Second Amendment), with the Base Exchange Differential being determined under Section 3.B of the Second Amendment; (d) remaining Estimated Production, if any, shall next go towards the Phoenix Additional Volume, with the Base Exchange Differential being determined under Section 4.B of this Amendment; and (ce) remaining Estimated Production, if any, shall then go towards the Additional Volume▇▇▇▇▇▇▇ Estimated Production, with the Base Exchange Differential being determined under Section 3.B 4.B of this Amendment. E. Processor agrees that ONP shall endeavor to complete the Expansion by April 1, 2012 absent any unforeseen circumstances beyond the reasonable control of ONP.