FEES, VOLUME COMMITMENTS, RECOVERIES AND ALLOCATION Sample Clauses

FEES, VOLUME COMMITMENTS, RECOVERIES AND ALLOCATION. 3.1 Subject to all other applicable provisions of this Contract and as full consideration for the quantity of Committed Gas Gathered and Processed hereunder by Processor each month, Shipper shall pay and Processor 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 Processing the Committed Gas hereunder at the Plant (“Processing Fee”) shall equal $*** per MMBtu multiplied by the Processed Volume. 3.2.2 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. 3.2.3 Beginning January 1, 2015 and each January 1st thereafter during the term hereof, the Gathering Fee and the Processing 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, neither fee shall 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 and/or Processing Fee for the immediately preceding calendar year shall remain in effect until a new Gathering Fee and/or Processing Fee (as well as the effective dates of both fees) is/are agreed upon by the Parties or determined by arbitration and such agreed upon or determined fee(s) shall be retroactively applied for the applicable new calendar year. 3.2.4 The allocation of the Residue Gas (in MMBtus) contained in the Committed Gas which are attributable to each Delivery Point shall be determined each Month by first allocating the total Plant Residue Gas MMBtus to each respective Plant Inlet (as defined herein) resulting in each inlet’s total Plant Residue Gas MMBtus. Then each inlet’s total Plant Residue Gas MMBtus will be multiplied by a fraction, the numerator of which is the Theoretical Residue MMBtus from each Delivery Point for the respective Plant Inlet, and the denominator of which is the total Theoretical MMBtus of Residue Gas from all Delivery Points for th...