Common use of MDQ Clause in Contracts

MDQ. (a) Subject to adjustment in accordance with this Clause 4.6, the following NMQ rates will apply: (1) from the date of this Agreement up to and including [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]: [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]TJ/Day; and (2) from and including [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] to the end of the Contract Term: [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] TJ/Day. (b) MDQ may be adjusted: (1) if the Agent's Allocated Quantity is reduced to zero, in accordance with Clause 3.6 of the Master Agreement; (2) if another Retailer's Allocated Quantity is reduced to zero, in accordance with Clause 3.6 of the Master Agreement; (3) to take account of Sellers' Sales, in accordance with Clauses 4.5 and 4.6 of the Master Agreement; (4) to take account of any Reserves Shortfall or Reserves Surplus, in accordance with Clause 5.4 of the Master Agreement; (5) if Gascor exercises the Release Gas Option, in accordance with Clause 6.1(b)(3) of the Master Agreement; (6) in respect of each Ecogen MDQ Reduction Month, in accordance with Clause 6.2(a) of the Master Agreement; (7) in accordance with Clause 7.4(c), (d) and (e) of the Master Agreement; and (8) in accordance with Clause 3.5 of the Master Agreement.

MDQ. (a) Subject to adjustment in accordance with this Clause 4.6Clause3.6, the following NMQ MDQ rates will apply: (1) from the date of this Agreement up to and including [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]: [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]TJCOMMISSION.] TJ/Day; and (2) from and including [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] to the end of the Contract Term: [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] TJ/Day. (b) MDQ may be adjusted: (1) if AQ is reduced pursuant to Clause 3.7(e) or (g), in accordance with Part 1 of Schedule 2; (2) if the AgentBuyer's Allocated Quantity is reduced to zero, in accordance with Clause 3.6 of the Master Agreement; (23) if another Retailer's Allocated Quantity is reduced to zero, in accordance with Clause 3.6 of the Master Agreement; (34) to take account of Sellers' Sales, in accordance with Clauses 4.5 and 4.6 of the Master Agreement; (45) to take account of any Reserves Shortfall or Reserves Surplus, in accordance with Clause 5.4 of the Master Agreement; (56) if Gascor exercises the Release Gas Option, in accordance with Clause 6.1(b)(3) of the Master Agreement; (67) in respect of each Ecogen MDQ Reduction Month, in accordance with Clause 6.2(a) of the Master Agreement; (7) 8) in accordance with Clause 7.4(c), (d) and (e) of the Master Agreement; and (8) 9) in accordance with Clause 3.5 of the Master Agreement. (c) In addition to all other payments due under this Agreement, the Buyer must pay to Gascor the amounts referred to in Part 1 of Schedule 1 at the times referred to in that Schedule.