FEES, VOLUME COMMITMENT AND ALLOCATION Sample Clauses

FEES, VOLUME COMMITMENT AND ALLOCATION. 3.1 Subject to all other applicable provisions of this Contract and as full consideration for the quantity of Committed Gas Gathered hereunder by Gatherer each month, Shipper shall pay and Gatherer shall accept from Shipper an amount equal to sum of the applicable fees and payments as described in this ARTICLE 3. 3.2.1 The fee for Gathering, compressing, treating, and dehydrating the Committed Gas from the Delivery Point to the Redelivery Point (“Gathering Fee”) shall equal $*** per MMBtu multiplied by the Gathered Volume. 3.2.2 Beginning January 1, 2015 and each January 1st thereafter during the term hereof, the Gathering Fee shall be automatically adjusted by the percentage increase or decrease in the Consumer Price Index, All Urban Consumers (“CPI”) as published by the U.S. Department of Labor Bureau of Labor Statistics calculated for the twelve (12) Months immediately preceding the date of escalation; provided, however, the fee shall never be decreased below its initial amount. The Parties shall use the negotiation procedure described in ITEM 11.1 to attempt to resolve any dispute between them regarding any change or adjustment to the CPI. If the Parties fail to fully resolve the dispute, either Party may invoke the binding arbitration procedure described in ITEM 11.6 to resolve it. The Gathering Fee for the immediately preceding calendar year shall remain in effect until a new Gathering Fee (as well as the effective dates thereof) is agreed upon by the Parties or determined by arbitration, and such agreed upon or determined fee shall be retroactively applied for the applicable new calendar year. 3.2.3 Each Month during the term of this Contract, Gatherer is authorized to utilize a portion of the Committed Gas received from Shipper at each Delivery Point as compression fuel for the operation of Gatherer’s compression equipment hereunder. 3.2.4 The allocation of Committed Gas (in MMBtu) measured at the Redelivery Point(s) and/or Settlement Point(s), as applicable, among the ▇▇▇▇▇ which are attributable to the Committed Gas delivered to Gatherer each Month from such ▇▇▇▇▇ shall be determined each Month on a Well-by-Well basis by multiplying the Gas as measured at the applicable Redelivery Point or Settlement Point by a ratio where the numerator is (a) each Delivery Point’s share of Gathered Volume MMBtu excluding the loss/gain deductions pursuant to ARTICLE 1.1.12(iii) and the denominator is (b) the sum of all Delivery Point’s Gathered Volumes excluding ...