Common use of Marketing Commitment Clause in Contracts

Marketing Commitment. 8.1 During the Term, each Scarborough Participant must: (a) actively and diligently undertake ongoing marketing (whether collectively or otherwise) of its Individual Fields Area New Domgas for sale to a range of buyers in the said State with a view to achieving a reasonably stable and regular supply profile for Fields Area Domgas over the Term which reflects the Relevant Percentage of the T2 Planned LNG Profile at the relevant time, and avoiding any unreasonable accumulation of its Individual Fields Area New Domgas (for the avoidance of doubt the T2 Planned LNG Profile will guide the rate at which a Scarborough Participant must discharge its ongoing marketing obligations in relation to its Individual Fields Area New Domgas and is not intended to set a Fields Area Domgas production or supply obligation); (b) discharge its ongoing marketing obligations (as specified in clause 8.1(a)) in good faith, actively and diligently (exercising the degree of skill, prudence and foresight which would reasonably be exercised by a skilled and experienced person engaged in the same type of undertaking) having regard to the domestic gas market in the said State including current and prospective buyers, and the Scarborough Participant's existing and anticipated unconditional Fields Area Domgas supply contracts, including, without limitation, through employing staff to market Fields Area Domgas, engaging regularly with potential buyers of Fields Area Domgas in the said State, engaging in or undertaking expression of interest or tender processes (where appropriate) and assessing demand for Fields Area Domgas through activities such as market research and discussions with potential buyers; and (c) negotiate in good faith with any bona fide buyer of its Individual Fields Area New Domgas as to the price and terms of supply of its Individual Fields Area New Domgas available for sale. 8.2 Without limiting clause 8.1, each Scarborough Participant may meet its marketing obligations by contracting to a different profile as agreed with their customers than as implied by the marketing profile referred to in clause 8.1(a) above. 8.3 In considering whether a Scarborough Participant has complied with its obligations pursuant to clause 8.1 (including its obligation pursuant to 8.1(b) to discharge its marketing obligation in good faith), the State may have regard to, among other things, the extent to which the relevant Scarborough Participant is able to produce and deliver Fields Area Domgas.