Common use of Firm Quantity Clause in Contracts

Firm Quantity. a. EXCO may deliver or cause to be delivered to HWR for EXCO’s account at the Billing Meter Point a total or aggregate amount of up to twenty five thousand (25,000) barrels of Water per day (the “Firm Quantity”), and HWR shall accept, transport and properly dispose of such Water; b. HWR may accept and dispose of quantities greater than the Firm Quantity on any day as HWR in its sole discretion determines to accept and dispose from time to time at such points depending on HWR’s operating capabilities and requirements; and c. EXCO shall be entitled to use all capacity in the Pipeline in excess of the Firm Quantity should HWR not be fully utilizing the total capacity of the Pipeline. d. This Section 3.1 constitutes HWR’s agreement and covenant to accept delivery of at least the Firm Quantity of Water from EXCO and such additional quantities of EXCO Water as provided in Section 3.1 during the Primary Term and any extension thereof, notwithstanding any other provision of this Agreement (including Sections 3.3 and 4.6) permitting HWR to temporarily suspend acceptance of Water. HWR covenants to promptly remedy any situation requiring a temporary suspension of acceptance of EXCO Water that meets the Water quality and pressure requirements set forth in this Agreement.

Firm Quantity. a. EXCO may deliver or cause to be delivered to HWR for EXCO’s account at the Billing Meter Point a total or aggregate amount of up to twenty five thousand (25,000) barrels of Water per day (the “Firm Quantity”), and HWR shall accept, transport and properly dispose of such Water;; ****TEXT OMITTED AND FILED SEPARATELY CONFIDENTIAL TREATMENT REQUESTED BY ▇▇▇▇▇▇▇▇ CORPORATION UNDER 17C.F.R. SECTION 200.80(B)(4), 200.83 AND 240.24b-2 b. HWR may accept and dispose of quantities greater than the Firm Quantity on any day as HWR in its sole discretion determines to accept and dispose from time to time at such points depending on HWR’s operating capabilities and requirements; and c. EXCO shall be entitled to use all capacity in the Pipeline in excess of the Firm Quantity should HWR not be fully utilizing the total capacity of the Pipeline. d. This Section 3.1 constitutes HWR’s agreement and covenant to accept delivery of at least the Firm Quantity of Water from EXCO and such additional quantities of EXCO Water as provided in Section 3.1 during the Primary Term and any extension thereof, notwithstanding any other provision of this Agreement (including Sections 3.3 and 4.6) permitting HWR to temporarily suspend acceptance of Water. HWR covenants to promptly remedy any situation requiring a temporary suspension of acceptance of EXCO Water that meets the Water quality and pressure requirements set forth in this Agreement.