Common use of Decreasing the MDQ Clause in Contracts

Decreasing the MDQ. LMM may decrease the MDQ any time after this Agreement has been in effect for three (3) years if the average of Shipper’s Scheduled Nominations on a Daily basis over the ninety (90) Days immediately preceding fails to equal at least eighty percent (80%) of the MDQ. LMM shall provide written notice of the new MDQ to Shipper at least ten (10) Business Days before affecting the decrease, which notice by LMM shall unilaterally amend this Agreement on the eleventh (11th) Business Day after delivery or the date specified in the notice, whichever is later. In no event shall the new MDQ be lower than one hundred and ten percent (110%) of the average of Shipper’s Scheduled Nominations on a Daily basis over the ninety (90) Days immediately preceding.

Appears in 5 contracts

Samples: Gas Gathering Agreement (Atlas Energy, L.P.), Gas Gathering Agreement (Atlas Resources Series 28-2010 L.P.), Gas Gathering Agreement (Atlas Resources Public #19-2011 (C) L.P.)

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