Excluded Gas Clause Samples
The 'Excluded Gas' clause defines specific types or sources of gas that are not covered under the main agreement. Typically, this clause lists categories such as gas used for on-site operations, gas lost or unaccounted for, or gas that is otherwise reserved for certain purposes and therefore not subject to sale or delivery obligations. By clearly identifying what gas is excluded, the clause helps prevent disputes over ownership, delivery requirements, or payment responsibilities, ensuring both parties have a mutual understanding of what is and is not included in the contract.
Excluded Gas. Excluded Gas" shall mean and include (a) Gas owned or controlled by Seller that is being sold, on the date of this Agreement, on behalf of Seller under a joint operating agreement, unit operating agreement or similar agreement to which Seller is a party, (b) Gas production commencing or acquired from a new source after the date of this Agreement 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 date of this Agreement, 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) Gas sold under (i) Gas sales contracts with third parties existing on the date of this Agreement which contracts are listed on Schedule 3.2, and (ii) any binding and enforceable contracts burdening or affecting 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 or renewals of contracts described in (i) or (ii) above, (iii) applicable calls on production, rights of fast 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 date of this Agreement, and working interests in favor of third parties with respect to Gas production commencing or acquired after the date of this Agreement, provided that such rights are 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, but only if released in accordance with Sections 3.3 and 9.2), (f) Lien Gas (as defined in Section 3.7, but only if released in accordance with such Section 3.7), (g) other Committed Gas released from this Agreement pursuant to the other terms hereof, or (h) such other Gas as Buyer and Seller may mutually agree.
Excluded Gas. Shipper or Producer hereby expressly reserves the following rights with respect to Shipper’s or Producer’s Gas and the Acreage prior to delivery of the same to Gatherer at the CDPs: (a) to use the gas for fuel in the development and operation of the leases from which the gas is produced; (b) to provide the gas for delivery to unaffiliated lessors of the leases of the gas if such lessors are entitled to use or take such gas in kind under the terms of the leases, provided however, that such gas is not delivered to the lessors via Gatherer’s Gathering Systems; (c) to use the gas for fuel or lift gas in the operation of the facilities which Shipper may install in order to deliver gas hereunder in accordance with the terms hereof; (d) to pool or unitize the leases (or any portion thereof) with other lands and leases; provided, that, this Agreement will cover Shipper’s interest in the pool or unit and the gas attributable thereto; and (e) [***].
Excluded Gas. 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.
Excluded Gas. Excluded Gas is defined as (a) New Source of Supply Gas; (b) Gas produced from or allocable to acreage farmed out by UPR to a third Person who is not an Affiliate of UPR, and that is not committed to any gathering or processing contract with UPFUELS, as more particularly set forth in Section 2.2.1; (c) Gas that is committed to a Pre-Effective Date Commitment; (d) Gas required to fulfill UPR's obligations under (i) the royalty provisions of its oil, Gas and mineral leases, (ii) other provisions of its oil, Gas and mineral leases, and (iii) agreements customarily found in the oil and Gas exploration industry to which UPR 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 of the sort customarily found in joint operating agreements, unit operating agreements, agreements for easements, farmins or similar drill-to-earn agreements, or other agreements typically entered into in connection with Gas exploration and production activities that affect UPR's oil, Gas and mineral leases or the well▇ ▇▇▇uated thereon from time to time; (e) Gas subject to the operational reservations set forth in Section 2.2.3, (f) Gas curtailed or shut-in pursuant to Section 2.2.4; (g) Gas that UPR may require, in its sole discretion, to use in any facility owned by UPR or an Affiliate, or in which UPR or an Affiliate owns an interest, as more particularly set forth in Section 2.2.5; (h) New Source of Supply Gas, as more particularly set forth in Section 2.2.6, (i) Lien Gas and Gas affected by other transactions described in Section 2.2.7 and (j) such other Gas as UPR and UPFUELS may mutually agree in writing.
Excluded Gas. Producer's gas from the sources described on Exhibit "B" to this Agreement (the "Excluded Sources") shall not be Committed Gas subject to this Agreement and Producer shall not be obligated to sell gas from such Excluded Sources to Dynegy, nor shall Dynegy be obligated to purchase such gas from Producer. Notwithstanding the foregoing, upon request by either Party, made not more frequently than once each six months, Dynegy and Producer shall evaluate the Excluded Sources and determine whether or not the gas from such Excluded Sources is suitable for treatment as Committed Gas subject to this Agreement. If the Parties are unable to agree on the treatment of any Excluded Source, it shall remain an Excluded Source. Any agreement to treat gas from an Excluded Source as Committed Gas under this Agreement shall be reduced to writing between the Parties.