Make Up Gas Clause Samples
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Make Up Gas. (i) The quantity of Gas equal to any Quarterly Deficiency Quantity for which ▇▇▇▇▇ has paid a Quarterly Deficiency Payment shall constitute “Make Up Gas” accrued during the Contract Quarter in which such Quarterly Deficiency Quantity arose.
(ii) If Buyer has accrued a right to Make Up Gas in any Contract Quarter, then in any subsequent Contract Quarter, once the Buyer has first taken the Take or Pay Quantity for such subsequent Contract Quarter, Buyer shall have the right to receive a credit for all Make Up Gas quantities taken above the Take or Pay Quantity, calculated in accordance with Clause 10(c)(iii) below. If the Buyer is entitled to take Make Up Gas in a Contract Quarter, the quantity of Make Up Gas that Buyer can take shall equal the lower of:
(A) the outstanding balance of Make Up Gas at the beginning of such Contract Quarter; and (B) the difference between the Quarterly Allocated Quantity and the Take or Pay Quantity for such Contract Quarter. The order in which the credit for such Make Up Gas shall be applied shall be the same order in which the Make Up Gas was accrued. Except as expressly provided in Clause 10(d), Sellers shall have no liability for failure to supply Make Up Gas. Once the Buyer has received a credit for any quantity of Make Up Gas, ▇▇▇▇▇’s right to such Make Up Gas is extinguished.
(iii) In any Contract Quarter, Buyer shall pay for all quantities of Gas taken as Make Up Gas at the Gas Price applicable when the Make Up Gas is taken, and shall pay all other amounts payable under this Agreement in respect of Gas deliveries, provided that, at the end of such Contract Quarter, Buyer shall receive a credit for an amount equal to the Make Up Gas taken during that Contract Quarter multiplied by the lower of:
(A) the Weighted Average Gas Price for such Contract Quarter during which Make Up Gas is delivered; and
(B) the Weighted Average Gas Price previously paid in respect of the Quarterly Deficiency Quantity that gave rise to the Make Up Gas right. The credit received by Buyer under this Clause 10(c)(iii) shall be applied against amounts due from Buyer under the first invoice of the subsequent Contract Quarter or, if in excess thereof, against subsequent invoices. For such Make Up Gas delivered, Buyer shall have no rights to any amount previously paid in respect of the Quarterly Deficiency Quantity above the Gas Price prevailing at the time the Make Up Gas is delivered.
Make Up Gas. 6.5.1 In any Month, after Buyer has purchased and taken delivery of a quantity of Contract Gas equal to the Take or Pay Quantity , any further deliveries of Contract Gas during that Month shall be deemed to be delivery of Make up Gas accumulated in respect of prior Months to the extent that any such Make up Gas has been accumulated, and if the aggregate of the quantities of the further deliveries of Contract Gas are in excess of the quantity of Make up Gas available, then Buyer shall pay for any excess in accordance with Schedule 1.
6.5.2 Buyer shall be entitled to take delivery of Make up Gas for a period of twelve (12) months following the Termination Date. All the terms and conditions of this Agreement, except clauses 9 and 10 shall apply in respect of such deliveries. Buyer shall cease to have any rights to Make Up Gas not delivered by the end of the period referred to in this clause 6.5.2.
Make Up Gas. (a) If the customer (or customers) of the Buyer under each Concession GSPA pays an amount to it by way of an annual shortfall charge (Customer Payment) that is calculated by reference to a quantity of gas the customer of the Buyer has not taken during the Contract Year (Customer Quantity), then, within ten (10) Business Days of the Buyer receiving the Customer Payment from the customer, the Buyer must pay to the Seller:
(i) if: an amount equal to the lesser of:
(B) or
(ii) if: an amount equal to zero, (Upfront Payment), where: CP = the Customer Payment (in $); CQ = the Customer Quantity (in PJ, expressed to 3 decimal places);
Make Up Gas priority number 5
Make Up Gas. 6.5.1 In any Month, after Buyer has purchased and taken delivery of a quantity of Contract Gas equal to the Take or Pay Quantity, any further deliveries of Contract Gas during that Month shall be deemed to be delivery of Make up Gas accumulated in respect of prior Months to the extent that any such Make up Gas has been accumulated, and if the aggregate of the quantities of the further deliveries of Contract Gas are in excess of the quantity of Make up Gas available, then Buyer shall pay for any excess in accordance with Schedule 1.
6.5.2 Buyer shall be entitled to take delivery of Make up Gas for a period of twelve (12) months following the Termination Date at a rate, up to the Maximum Daily Quantity, to be agreed between Buyer and Sellers' Representative as reasonable to enable delivery of that Make up Gas. All the terms and conditions of this Agreement, except clauses 9 and 10 shall apply in respect of such deliveries. Buyer shall cease to have any rights to Make Up Gas not delivered by the end of the period referred to in this clause 6.5.2.
6.5.3 Deliveries of Make up Gas shall be at no additional charge to Buyer.
Make Up Gas. The Buyer may take that proportion of the AMQ paid for but not taken in a Contract Year, in any subsequent Contract Year after first taking the then current AMQ for that Contract Year, at rates not exceeding MDQ. Any Make-up Gas not taken by the Buyer during the Term of the Agreement shall be forfeited, and the Buyer shall not be entitled to have delivered the quantities of Make-up Gas not taken, nor to any refund of any moneys paid in respect of forfeited Make-up Gas. The Price for Make-up Gas will be the Contract Price applicable at the date the Make-up Gas is delivered, less the Contract Price previously paid for the Gas.
Make Up Gas. In the event that Company fails on any day to deliver to Shipper at the Delivery Point the quantity of gas Shipper has in good faith nominated up to Shipper's MDDQ (unless such failure is due to planned repairs, maintenance, replacement or other upgrading, or other work related to Company’s transportation system for which Company gave Shippers notice under subsection 8.8 of the General Terms and Conditions) Shipper shall be entitled, subject to subsection 6.5 of the General Terms and Conditions and within two years of such failure, to have Company transport such quantities of gas in excess of ▇▇▇▇▇▇▇'s MDDQ sufficient to make-up such deficiency (“Make-Up Gas”) at no additional demand charge. Demand charges credited to ▇▇▇▇▇▇▇ under subsection 9.4.1 shall be recovered by Company respecting Make-Up Gas.