Deficit Volumes Sample Clauses

Deficit Volumes. If the Annual ▇▇▇▇▇▇▇ Gathered Volumes delivered to the ▇▇▇▇▇▇▇ Gathering Systems in any Year of the Minimum Volume Period are less than the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume for such Year, then Producers shall pay Gatherer in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor accompanied by reasonable support for the amount invoiced therein for an amount equal to the shortfall volume for such Year (expressed in Mcf’s) multiplied by the Average ▇▇▇▇▇▇▇ Fees for the Year in which such shortfall volume occurred, as liquidated and agreed damages for Producers’ failure to deliver the ▇▇▇▇▇▇▇ Annual Minimum Volume in such Year. As used herein, the term “Average ▇▇▇▇▇▇▇ Fee” means, for each Year in the Minimum Volume Period, the ▇▇▇▇▇▇▇ Fee specified in Schedule 2 for ▇▇▇▇▇▇▇ Receipt Point Pressures between ** to ** psig for each such Year, escalated as specified in such Schedule 2 and subject to redetermination in accordance with Section 3 of this Exhibit A.

Deficit Volumes. If Annual Springridge Gathered Volumes in any Year of the Minimum Volume Period are less than the Adjusted Springridge Annual Minimum Volume for such Year, then Producers shall pay Gatherer, in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor, accompanied by reasonable support for the deficit amount invoiced therein, an amount equal to the Springridge Fee(s) for such Year multiplied by the deficit volumes for such Year.

Deficit Volumes. If Annual ▇▇▇▇▇▇▇ Gathered Volumes in the first Year (2009) of the Minimum Volume Period (which for purposes of this Section 4(b) shall be deemed to begin on the Deemed Start Date as defined in Section 4(g) below) are less than the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume for such first Year, then such deficit volume (up to, but not more than, 10% of the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume for such first Year and reflected in Mcf’s) shall be carried forward to the second Year (2010) and added to the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume for such second Year. If there is a shortfall in the first Year in excess of 10% of the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume for such first Year, then Producers shall pay Gatherer in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor, accompanied by reasonable support for the amount invoiced therein, an amount equal to the shortfall volume in excess of 10% of the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume for such first Year multiplied by the Average ▇▇▇▇▇▇▇ Fees (defined below) for such first Year, as partial liquidated and agreed damages for Producers’ failure to deliver the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume in such first Year. If the Annual ▇▇▇▇▇▇▇ Gathered Volumes in the second Year of the Minimum Volume Period are less than the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume for such second Year (as the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume for such second Year may be increased as provided above), then Producers shall pay Gatherer in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor accompanied by reasonable support for the amount invoiced therein an amount equal to the shortfall volume for such second Year (expressed in Mcf’s) multiplied by the Average ▇▇▇▇▇▇▇ Fees for such second Year, as liquidated and agreed damages for Producers’ failure to deliver the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume in such second Year. If the Annual ▇▇▇▇▇▇▇ Gathered Volumes delivered to the ▇▇▇▇▇▇▇ Gathering Systems in any Year after the second Year of the Minimum Volume Period are less than the Adjusted ▇▇▇▇▇▇▇ Annual Minimum Volume for such Year, then Producers shall pay Gatherer in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor accompanied by reasonable support for the amount invoiced therein for an amount equal to the shortfall volume for such Year (expressed in Mcf’s) multiplied by the A...

Deficit Volumes. If Annual Volumes in any Year of the MVC Period are less than the Adjusted MVC for that Year, then Producers will pay Gatherer the lesser of (i) the Contract Fee multiplied by the difference between the Adjusted MVC and the Annual Volumes for that Year or (ii) the amount, if any, by which the Reserved Capacity multiplied by the Contract Fee exceeds total revenue from the System before taking into account any payment under this Section 1.6(b) (“MVC Deficiency Payment”).