Common use of Quantity Clause in Contracts

Quantity. 2.1 Subject to the other terms and provisions hereof, Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 6.1 Subject to the other terms Gathering System and provisions hereofPlant capacity, Seller Gatherer shall sell gather and deliver, or cause Processor shall process that volume of Gas legally allowed to be delivered produced which is attributable to Buyerthe interest owned or controlled by Producer or its successors and assigns in w▇▇▇▇ drilled on lands within the Contract Area or lands pooled therewith; provided, after processing, Producer or Producer’s nominee will accept the Residue Gas. Processor shall regulate the flow of gas at the Point(s) Plant in the quantities and at the times desired by Processor to prudently operate the Plant and/or to meet the fluctuating condition of Delivery hereunderProcessor’s and Producer’s markets. Gatherer or Processor may, from time to time, find it necessary to shut off entirely or restrict the flow of gas to the Gathering System or Plant, respectively; notwithstanding anything herein to the contrary, in such event, neither Gatherer nor Processor shall be liable to Producer for the resulting effect thereof. Gatherer and Buyer Processor shall buy one hundred percent provide Producer prior notice of any shut down due to routine maintenance and shall prudently work to minimize the amount of such downtime. 6.2 Producer shall nominate to Gatherer in writing, not less than three (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th3) business day Days prior to the first day of each monthMonth during the term of the Agreement, Seller will the daily quantity of Gas (expressed in MCF’s and MMBTU’s) that Producer shall deliver to Gatherer at the Gathering System Delivery Point(s) for gathering during such Month. Producer shall also nominate to Buyer Processor in writing, not less than three (3) business Days prior to the first day of each Month during the term of the Agreement, the daily quantity of residue Residue Gas (expressed in MCF’s and MMBTU’s) that Producer or Producer’s nominee shall receive at the Residue Gas Delivery Point(s) following processing at the Plant. 6.3 Gatherer, Processor, and Producer shall designate a dispatcher(s) who shall be continuously on call for nomination purposes, and shall notify each other in writing of such dispatcher(s) and their telephone number(s). 6.4 Producer’s dispatcher shall notify Gatherer’s and Processor’s dispatchers in advance of any anticipated decrease in delivery rate below the daily nominated quantity. Producer’s dispatcher must obtain the prior written approval from Gatherer’s and Processor’s dispatchers for any delivery rate in excess of the daily quantity rate. Gatherer’s and Processor’s dispatcher shall notify Producer’s dispatcher of any anticipated inability to receive the Gas at a delivery rate less than (a) the daily nominated quantity rate; or (b) a previously orally authorized delivery rate in excess of the daily nominated quantity rate. 6.5 If insufficient Plant or pipeline capacity exists to process all the Gas, the Plant processing capacity will be prorated for all gas available dedicated to the Plant , without undue discrimination, and the Gas unable to be tendered for delivery processed will be bypassed ratably, if allowed. 6.6 Processor shall have the right, but not the obligation, to Buyer expand the Plant or build a new gas processing plant at the Point of Delivery each day during a different location, and in such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any dayevent, the difference between the quantity of residue gas actually received Gas, or a portion thereof, may be processed by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included Processor in the nominations for such month as set forth above, then for expanded Plant or the remainder new gas processing plant in accordance with the terms of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderthis Agreement. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject to a) As noted above in Section 3.2(a) above, the other terms and provisions hereofBuyers shall purchase from Seller [ * * * ] of their requirements for the PET Products for those of Buyers’ filling locations (plants) set out in Schedule B. b) On its part, Seller shall sell make available for sale to the Buyers a quantity of Containers up to [ * * * ], and deliverPreforms up to [ * * * ], of the lower of the applicable Annual Forecast or mutually agreed Revised Forecast, by package, size, and Period as so noted in the applicable Annual or mutually agreed Revised Forecast. Seller shall use its commercially reasonable efforts to supply any amounts of Containers in excess of [ * * * ], and Preforms in excess of [ * * * ], of the Annual Forecast or mutually [ * * * ] Confidential treatment requested. Supply Agreement CONFIDENTIAL agreed Revised Forecast requirements by Container and Preform by package size and Period. To the extent that the Seller is unable to supply any portion of these excess quantities, Buyer shall have the right to source such Containers and Preforms from alternate sources at Buyers’ expense during the Period in which Seller cannot so supply. Any PET Products purchased from alternate sources as a result of Seller’s inability to supply Containers up to [ * * * ], and Preforms up to [ * * * ], of the lower of the applicable Annual Forecast or mutually agreed Revised Forecast, will be credited against the then Annual Forecast or mutually agreed Revised Forecast and considered as PET Products supplied by Seller for the purpose of the Buyers’ purchase obligation under this Agreement. Buyers shall receive no credit against the then Annual or mutually agreed Revised Forecast for PET Products purchased from alternate sources for (i) the quantity exceeding Containers up to [ * * * ], and Preforms up to [ * * * ] of the lower of the applicable Annual Forecast or mutually agreed Revised Forecast., and (ii) the quantity Seller may have agreed to cede to an alternate supplier as part of the Annual or Revised Forecast review and confirmation process. In recognition of the fact that Buyers’ different PET Products have different demand volatility, the parties may, subject to written mutual consent, allow exceptions to the above [ * * * ] and [ * * * ] requirements for specific PET Products for specific time periods. c) Should PCAM’s Annual Forecast or Revised Forecast exceed the Schedule B estimated volume during any Contract Year, PCAM may opt to amend Schedule B by removing some locations and/or PET Product volumes and replace such items with PET Product volumes from a new Buyer filling location(s) of equivalent or higher volume, and with materially similar economic value to Seller. Such removal and replacement shall not materially alter the [ * * * ] sold to the Buyers. Seller’s acceptance of such removal and replacement will not be unreasonably withheld, delayed, or cause conditioned. 4.2 It is anticipated that Seller will supply PET Products from its manufacturing facilities (source) specified in Schedule B to the corresponding Buyers’ filling locations in the quantity and mix also specified in Schedule B, or an updated Schedule B as agreed to by the parties. However, all PET Products purchased by Buyers from Seller during a Contract Year for these locations will be delivered credited towards the Annual Forecast or mutually agreed Revised Forecast. (a) Any changes in Seller’s manufacturing facilities specified in Schedule B to a Buyer’s corresponding identified filling location as listed in Schedule B will be by mutual agreement of the parties; provided, however, that each party’s agreement will not be unreasonably withheld, delayed, or conditioned. However, a material change in Seller’s economic value or a Buyer’s cost to procure the subject or affected supply would be reason to withhold such agreement. [ * * * ] Confidential treatment requested. Supply Agreement CONFIDENTIAL (b) Any changes in the Buyers’ filling locations as listed in Schedule B will be by mutual agreement of both parties; provided, however, that Seller’s agreement will not be unreasonably withheld, delayed, or conditioned. However, a material change in Seller’s economic value or Buyer’s cost to procure the subject or impacted supply would be reason to withhold agreement. (c) In the event a Buyer intends to convert Container requirements to Preform requirements during the Term, PCAM shall notify Seller of such intent as soon as commercially reasonable. Upon such conversion of Container requirements to Preform requirements, Seller shall have the right to supply such Preforms at the Point(sContract Prices. In the event Seller closes a production location due to a Buyer’s conversion from Container requirements to Preform requirements, [ * * * ]. (d) In the event of Delivery hereundersuch Container requirement changes due to Buyer plant closure or consolidation, and Buyer shall buy one hundred percent use commercially reasonable efforts to cause Seller to retain, recover or replace such Container volume. (100%e) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than acquires a Seller customer, Seller shall [ * * * ] during the Minimum Daily Quantity on Term, and any day, the difference between the quantity of residue gas actually received by Buyer on change in pricing for such day and the Minimum Daily Quantity volume shall be deemed "Excess Gas[ * * * ] following the closing date of the acquisition." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject 6.1. The Parties acknowledge and agree that natural gas (including Gas) which is owned by Tokyo Gas is subject to the other terms Tokyo Gas Gathering and provisions hereof, Seller shall sell Processing Agreement and deliver, or cause to may be delivered to BuyerGatherer by Producer pursuant to a joint operating agreement between Producer and Tokyo Gas. 6.2. Subject to Gathering System and Plant capacity, Gatherer shall gather and Processor shall process that volume of the Subject Gas legally allowed to be produced from the interest owned or controlled by Producer or its successors and assigns in ▇▇▇▇▇ drilled on lands within the Contract Area or lands pooled therewith; provided, after processing, Producer or Producer's nominee will accept the Residue Gas. Processor shall regulate the flow of gas at the Point(s) Plant in the quantities and at the times desired by Processor to prudently operate the Plant and/or to meet the fluctuating condition of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of SellerProcessor's and SellerProducer's affiliates' residue markets. Gatherer or Processor may, from time to time, find it necessary to shut off entirely or restrict the flow of gas available to the Gathering System or Plant, respectively, including but not limited to as a result of routine maintenance and other planned outages, capacity constraints (subject to Section 6.6), compliance with laws or regulations, force majeure events (subject to Article XVIII), emergencies, or material adverse operational issues at the Facilities; notwithstanding anything herein to the contrary, in such event, neither Gatherer nor Processor shall be liable to Producer for deliverythe resulting effect thereof. Gatherer and Processor shall provide Producer prior notice of any shut down due to routine maintenance and other planned outages and shall prudently work to minimize the amount of such downtime. 6.3. Producer shall nominate to Gatherer in writing, each day. On or before the sixth not less than three (6th3) business day Days prior to the first day of each monthMonth during the term of the Agreement, Seller will the daily quantity of the Subject Gas and the natural gas owned by Tokyo Gas (expressed in MCF's and MMBtu's) that Producer shall deliver to Gatherer at the Gathering System Delivery Point(s) for gathering during such Month, either pursuant to this Agreement or the Tokyo Gas Gathering and Processing Agreement. The Parties acknowledge and agree that natural gas owned by Tokyo Gas and delivered to Gatherer by Producer shall, pursuant to Section 6.1, be gathered and processed by Gatherer and Processor pursuant to the Tokyo Gas Gathering and Processing Agreement. Producer shall also nominate to Buyer Processor in writing, not less than three (3) business Days prior to the first day of each Month during the term of the Agreement, the daily quantity of Residue Gas and residue gas available owned by another producer but controlled by Producer (expressed in MCF's and MMBtu's) that Producer or Producer's nominee shall receive at the Residue Gas Delivery Point(s) following processing at the Plant. 6.4. Gatherer, Processor, and Producer shall designate a dispatcher(s) who shall be continuously on call for nomination purposes, and shall notify each other in writing of such dispatcher(s) and their telephone number(s). 6.5. Producer's dispatcher shall notify Gatherer's and Processor's dispatchers in advance of any anticipated decrease in delivery rate below the daily nominated quantity. Producer's dispatcher must obtain the prior written approval from Gatherer's and Processor's dispatchers for any delivery rate in excess of the daily quantity rate. Gatherer's and Processor's dispatcher shall notify Producer's dispatcher of any anticipated inability to receive the Subject Gas at a delivery rate less than (a) the daily nominated quantity rate; or (b) a previously orally authorized delivery rate in excess of the daily nominated quantity rate. 6.6. If insufficient Plant or pipeline capacity exists to process all the Subject Gas, the Plant processing capacity will be prorated for all gas dedicated to the Plant, without undue discrimination; provided, however, during the time period during which Processor is unable to process all of the Subject Gas, Producer may dispose of the unprocessed Subject Gas as it sees fit and if such inability to process all of the Subject Gas continues for a period of sixty (60) consecutive days, extended day-for-day for the duration of events of force majeure affecting Processor’s performance, then the Subject Gas produced from the affected well(s) shall, at Producer’s election by written notice to Gatherer and/or Processor thirty (30) days' advance delivered prior to cessation of proration, no longer be Dedicated Properties hereunder or subject to this Agreement in any manner whatsoever. 6.7. Subject to Producer’s reservation in Section 3.1, Producer agrees that Processor has the exclusive right to process, or cause to be tendered for delivery processed, blend, or cause to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any daybe blended, the difference between Subject Gas for the quantity extraction of residue natural gas actually received by Buyer on such day liquids and other valuable components. Processor shall have the Minimum Daily Quantity shall be deemed "Excess Gas." Ifright, but not the obligation, to expand the Plant or build a new gas processing plant at a different location, and to in such event, the extent thatSubject Gas, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to or a portion thereof, may be included processed by Processor in the nominations for such month as set forth above, then for expanded Plant or the remainder new gas processing plant in accordance with the terms of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderthis Agreement. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 3.1 Producer hereby dedicates and commits for the term of this Agreement all its interest in the gas produced and sold from Producer’s w▇▇▇▇ located on the lands described in Exhibit A attached hereto (the “Contract Area”), subject, however, to the limitations set forth herein and in the preamble of Exhibit A. This Agreement shall not imply or require any leasehold preservation, drilling or development obligations on the part of Producer. Subject to the terms and conditions hereof, Gatherer hereby covenants and agrees that commencing on the date of first deliveries hereunder and continuing until termination of this Agreement, Gatherer will receive all gas tendered by Producer at the Delivery Point(s) under this Agreement. Producer agrees to notify Gatherer in writing when initial deliveries of gas are expected to commence and the expected deliverability rates from each well. 3.2 If Gatherer fails to connect any well within sixty (60) days from the date Gatherer receives written notification as provided for in Article 3.1, then Producer shall have the right, but not the obligation, to withdraw any such well from the terms of this Agreement and, upon Gatherer’s receipt of written notice from Producer withdrawing any such well, such well shall automatically, and without any further action on the part of Producer or Gatherer, be released from the terms of this Agreement without further obligation or liability of Producer of any kind with respect to such well. 3.3 Producer expressly reserves for itself, its successors and assigns, the following prior rights with respect to the gas subject hereto: (a) The right to deliver to lessors under any of the leases subject hereto gas required in kind to meet the requirements of lessee’s obligations under such leases to furnish gas to such lessors. (b) The right to use gas reasonably required to develop and operate Producer’s properties in the Contract Area, including, but not limited to, use of gas for drilling, reworking, operating, treating, gas lift and compression fuel. (c) Subject to the other terms provisions of this Agreement, the control, management and provisions hereofoperation of the properties subject to this Agreement shall be and remain the exclusive right of Producer. Producer may, Seller in its sole uncontrolled discretion and as it deems advisable, drill new w▇▇▇▇, repair or rework old w▇▇▇▇, renew or extend in whole or in part any lease or unit, and abandon any well or surrender, terminate or release all or any part of any lease not deemed by Producer capable under normal production methods of producing gas in commercial quantities. (d) The right from time to time to alter any gas unit by increasing or decreasing the surface acreage contained therein or to pool or combine any lease or unit or any part thereof with other properties or to include in any unit any interest in lands covered by such unit not theretofore included in such unit; and in the event of any pooling, unitization or change in any unit, this Agreement shall sell apply only to the interest of Producer in the unit or units and deliverthe gas attributable thereto but only insofar as such interest is attributable to the lands and leases committed hereunder. 3.4 Gatherer shall have the right to process, or cause to be delivered to Buyerprocessed by others, at all gas hereunder for the Point(s) recovery of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day liquefiable hydrocarbons prior to the first day delivery of each month, Seller will nominate such gas to Buyer the quantity of residue gas available to be tendered for delivery to Buyer Gatherer at the Point of Delivery each day during such month (Point(s) hereunder; provided, however, that the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity Gatherer shall be deemed "Excess Gas." If, and obligated to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month accept the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 resulting therefrom in accordance with the terms and provisions hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject Section 3.1 is amended to add the other terms and provisions hereof, following sentence: “Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of receive, the Contract Quantity each Day on a Firm basis. Seller's ’s Gas and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to Existing Contracts Volume shall be tendered for delivery delivered to Buyer at the Point of Delivery each day during such month (Receipt Points for gathering on the "Nominated Quantity"). The Nominated Quantity for any monthGathering System, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity Seller’s Gas shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to purchased by Buyer at the Point(s) Delivery Points, all as set forth herein. The Existing Contracts Volume shall be gathered, but not purchased, by Buyer hereunder. For purposes of Delivery during clarity, the Contract Quantity shall include only Gas volumes attributable to the Committed Reserves and the Existing Contracts and Seller shall not deliver, and Buyer shall have no obligation to receive hereunder, any month residue gas Gas volumes produced from or owned by third parties, other than Gas produced by Seller and its Affiliates in ▇▇▇▇▇ that were newly connected located on the lands described in Exhibit A and not available to be included in the nominations for such month as set forth aboveExisting Contracts Volume, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ which shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify gathered, but not purchased, by Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall never be responsible obligated to receive on any Day volumes of Gas hereunder in excess of 30,000 Mcf’s per Day, as such maximum volume is allocated to each Receipt Point as shown in Exhibit B, except that Seller, prior to the second anniversary of the Effective Date, shall have the right to deliver volumes to the Fonde Receipt Point in excess of the maximum volume shown in Exhibit B for such Receipt Point up to the lower of (x) the maximum available receipt capacity at such Fonde Receipt Point, or (y) a volume that when added to all regulatory filings volumes delivered by Seller at all Receipt Points does not exceed 30,000 Mcf’s per Day, by written notice to Buyer. If Seller elects to deliver such additional volumes to the Fonde Receipt Point, then Seller shall reduce (but not increase) the volumes delivered at one or more of the other Receipt Points so that the total volumes delivered hereunder never exceed 30,000 Mcf’s per Day. Any such election by Seller shall remain in effect until the second anniversary of the Effective Date and, for the term of the Contract, unless, prior to the second anniversary of the Effective Date, Seller notifies Buyer of any additional increase (but not decrease) in the volumes to be delivered to the Fonde Receipt Point (up to 30,000 Mcf’s per Day), and all coordination and nomination requirements the corresponding reductions in the volumes delivered at one or more of downstream pipelines and third party purchasers and transporters utilized the other Receipt Points necessary to cause the total volumes delivered hereunder to never exceed 30,000 Mcf’s per Day. Such final election by Buyer hereunder, andSeller shall remain in effect for the remaining term of this Agreement.” 3.

Quantity. 2.1 Subject to Article II, Quantity, Section 2.7 COAL SYNFUEL QUANTITY, is added and reads as follows: "During the other terms and provisions hereofTerm, Seller any quantity of coal synfuel purchased by Buyer from SSO under the Spot Coal Synfuel Supply Agreement shall sell and deliver, or cause reduce the Quantity of Pattiki Type Coal from Dotiki to be delivered to Buyersupplied under this Agreement, at by an equal amount of tonnage." INDEPENDENT RELATIONSHIP OF AGREEMENT TO SPOT COAL SYNFUEL SUPPLY AGREEMENT 2.2 Article XXIV, INDEPENDENT RELATIONSHIP OF AGREEMENT TO SPOT COAL SYNFUEL SUPPLY AGREEMENT, Section 24.1 is added and reads as follows: "Except for the Point(s) tonnage reduction provision set forth under Section 2.7 herein above, all obligations between Buyer and Seller set forth in the Agreement shall continue through its Term. If Buyer reduces and/or suspends its purchases of Delivery hereundercoal synfuel under the Spot Coal Synfuel Supply Agreement and/or either Buyer or SSO terminates the Spot Coal Synfuel Supply Agreement for any reason, the Agreement shall remain in full force and effect and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible obligated to continue their performance as required herein through the Term of the Agreement. In no event shall nonperformance or breach by Buyer or SSO under provisions of the Spot Coal Synfuel Supply Agreement be a basis for all regulatory filingsBuyer or Seller to claim nonperformance or breach or grant a right of offset, counter claim or cancellation of the Agreement, and all coordination the Agreement shall continue in full force and nomination requirements effect with the remaining obligations for the purchase of upstream pipelines and third party suppliers utilized quantities of coal to be the Quantity set forth in Article II during any contract year reduced by Seller hereunder. the amount of coal synfuel delivered by SSO to Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andduring such contract year."

Quantity. 2.1 Subject 4.1 Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase, receive and pay Seller for, or to pay Seller for if available but not taken, during each Contract Year, a daily average quantity of gas equal to seven thousand five hundred (7,500) MMBtu of gas per day. 4.2 It is provided, however, that Buyer shall have the right to purchase, and Seller will sell and deliver to Buyer, such quantity of gas as Buyer may from day to day elect to purchase, up to ten thousand (10,000) MMBtu of gas per day. 4.3 The gas purchased hereunder shall be delivered and received, as nearly as practicable, at uniform rates of flow. The daily quantity of gas actually delivered may vary ten percent (10%) above or below the quantity requested by Buyer to be delivered hereunder, But in no event shall the total quantity delivered in any month vary more than three percent (3%) above or below the total quantity requested by Buyer for that month. 4.4 Commencing May 1, 1990, if the quantity of gas taken by Buyer hereunder during any Contract Year is less than the quantity provided for in Section 4.1 of this Article, Buyer shall within sixty (60) days thereafter, pay Seller for the deficiency at the last price in effect during such Contract Year. It is provided, however, the quantity of gas to be paid for but not taken hereunder shall be reduced by the volume of gas Buyer elects not to take for failure of such gas to meet the quality specifications hereinafter set forth and 8 the volume of gas Buyer shall have been prevented from taking by reason of force majeure or Seller's failure or inability to deliver the volumes requested by Buyer, up to the other terms daily volume specified in Section 4.2 above. For purposes of computing the deficiency payment the deficiency shall be deemed to be Intrastate Gas and provisions hereofInterstate Gas in the same proportions as the takes of such gas by Buyer during the last Contract Year in which no deficiencies in the Buyer's takes occurred unless no such Contract Year exists, in which event such proportions shall be based on takes during the Contract Year in which the deficiency was incurred. Buyer shall have the right during the succeeding five (5) Contract Years but not beyond the term of this Agreement, as provided in Article III, to make up any gas paid for but not taken by deducting from future monthly statements all gas taken in excess of seven thousand five hundred (7,500) MMBtu per day until the full amount of such gas is recovered by Buyer. 4.5 It is recognized that Buyer will require quantities of gas for use at Buyer's Plant for as much as twelve (12) months prior to the Start-Up Date. Seller shall agrees that it will sell and deliverdeliver to Buyer on a best efforts basis such quantities of gas as may be requested by Buyer from time to time prior to the Start-Up Date for use in Buyer's Plant up to the Maximum Daily Quantity; provided that the price per MMBtu for all such gas delivered by Seller prior to the Start-Up Date shall be as specified in Article VI. 4.6 If Seller so elects in writing to Buyer, Buyer shall use diligent efforts to purchase hereunder or arrange for others to purchase gas from Seller under the terms hereof for the period pending the Start-Up Date. If Buyer has a comparable commitment under other contracts, this obligation shall be on a pro rata basis and need not be pursued by Buyer if it leaves Buyer economically disadvantaged. 4.7 Seller reserves the right to process or have processed, prior to or after delivery, all or a portion of the gas deliverable to Buyer hereunder for the removal of all constituents other than methane, except for such methane as is removed under normal operation of such processing facilities. In the event Seller's gas is to be processed after delivery hereunder, Buyer will, to the best of its ability, deliver or cause to be delivered to BuyerSeller or for Seller's account, at the Point(s) volumes of Delivery hereundergas for processing which contain, and Buyer shall buy one hundred percent (100%) as nearly as practicable, Seller's pro rata share of all liquefiable hydrocarbons contained in the commingled gas stream. Such processing shall not lower the total heating value of the gas below that required in Article X and shall be subject to such other conditions as may be acceptable to both parties. Title to all products removed 9 or recovered by said processing shall remain in Seller's ; however, Seller agrees to reimburse Buyer for the cost of the fuel, shrinkage and Seller's affiliates' residue gas available for deliveryplant loss volumes attributable to such processing, each day. On or before plus the sixth (6th) business day prior cost of transporting such volumes to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, processing plant if and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder total of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, transportation cost and all coordination and nomination requirements other transportation costs to deliver the gas to Buyer's Plant exceeds the cost of upstream pipelines and third party suppliers utilized by Seller hereunder. transportation Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andis otherwise obligated to bear under this Agreement.

Quantity. 2.1 Subject 3.3.1 The volume of Products to be purchased by Buyer and to be supplied by Seller during the Term of this Agreement shall be in accordance with Exhibit C (the total volume of the Product to be supplied under this Agreement shall be 750,800,000 pieces). Both Parties may make an adjustment (increase or decrease) according to Clause 3.3.2 to the other terms and provisions hereof, Seller shall sell and deliver, or cause volume of Products (as stipulated in Exhibit C) to be delivered supplied in the following month by no more than *** and such adjustment will not be construed as a breach concerning delivery or acceptance *** CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. under this Agreement. Notwithstanding the foregoing, the adjusted volume to Buyer, at be supplied and accepted in any given month shall not be less than *** of the Point(s) of Delivery hereunderoriginal volumes set forth in Exhibit B hereto, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for deliveryboth Parties shall, each day. On or before the sixth (6th) business day prior to within *** commencing from the first day of each the following month, Seller will nominate coordinate to Buyer rebalance the quantity supply volume (so that total volume of residue gas available Product actually supplied adheres to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"total volume set forth in Exhibit C). The Nominated Quantity for Such adjustment to supply volume shall not exceed *** times in a given year. In addition, the Parties agree that upon the execution of this Agreement, neither Party may require the adjustment of the supply volume on any month, plus or minus a ten percent grounds in the absence of written agreement by the Parties. 3.3.2 Both Parties hereby agree to adjust the monthly supply volume according to the following procedures: (10%a) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than that Seller (or Buyer) intends to reduce the Minimum Daily Quantity on monthly Product supply volume as stipulated in Exhibit C for any daygiven month, it shall notify the difference between other Party of the quantity adjusted supply volume in writing prior to the *** of residue gas actually received the previous month for that given month. The “Notification of Adjustment to Product Supply Volume” issued by Buyer on such day Seller shall set forth the adjusted Product supply volume and the Minimum Daily Quantity purchase price, which shall be deemed "Excess Gasthe controlling volume and price. Adjustment made by Seller that complies with the provisions of this Agreement shall be unconditionally accepted by Buyer." If (b) In the event that Seller (or Buyer) intends to increase the monthly Product supply volume stipulated in Exhibit C in any given month, and it shall notify the other Party of the adjusted supply volume in writing prior to the extent that*** of the previous month for that given month. The “Notification of Adjustment to Product Supply Volume” issued by Seller shall set forth the adjusted Product supply volume and the purchase price, which shall be the controlling volume and price. Adjustment made by Seller that complies with the provisions of this Agreement shall be unconditionally accepted by Buyer. With regards to the purchase price for the increased portion of the Product supply volume as a result of the adjustment made by Seller, if Buyer has difficulty in making the Payment, Seller sells and delivers to shall grant Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations a *** grace period for such month as set forth above, then Payment (during which period Buyer will not be liable for late penalty unless Buyer fails to make the full Payment for the remainder original supply volume), provided that Seller is entitled to refuse to deliver the Products before it receives the full Payment for the purchase price of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderincreased portion. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject (a) All grapes purchased by the Buyer to be vinted by the Joint Venture shall be purchased from Grower (or Grower's successor pursuant to Article XI of the Joint Venture Agreement) except as provided in section 2(c)(iii) below or otherwise provided in writing by the parties. (b) All grape purchase contracts with a vineyard other terms than Grower shall be terminated as soon as practicable and provisions hereof, Seller shall not be renewed or extended without the prior written consent of Grower. (c) Grower shall sell and deliver, or cause Buyer shall purchase grapes as hereinafter set forth: (i) The annual tonnage by varietal to be delivered purchased is as set forth on EXHIBIT A. (ii) In any year in which there is an excess crop of Chardonnay grapes in order to Buyerrelieve Grower of undue pressure caused by over supply, at Grower shall have the Point(s) of Delivery hereunderright to deliver, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for deliverypurchase, each day. On or before the sixth (6th) business day prior up to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called of the "Minimum Daily Quantity." annual tonnage stated for each varietal of grapes on EXHIBIT A. (iii) In the event that it appears that Grower's grape crop for any varietal is short and Grower will therefore be unable to deliver the stated annual tonnage for any of the varietal grapes as provided for under this Agreement and Buyer purchases more than notifies Grower of the Minimum Daily Quantity on any dayneed to cover the short fall, both Grower and Buyer shall have the difference between right to propose sources of grapes to cover the quantity anticipated short fall for that year's harvest. If Grower is proposing to provide the grapes to cover, Buyer has the right to a reasonable review and to reject the proposed purchase of residue gas actually received by grapes based upon quality, price or appellation. If Buyer on is proposing to source the grapes to cover, Buyer shall not contract to purchase such day grapes without the consultation and prior approval of Grower which may not be unreasonably withheld. All grapes purchased for the purpose of covering a short crop may be used in a blend and the Minimum Daily Quantity shall wine produced therefrom may be deemed "Excess Gas." If, and to sold under the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected Valley Vineyard brand provided it is lawful to do so and such sale shall not constitute a breach or violation of this Agreement, the Joint Venture Agreement, the Revised License Agreement between the parties dated as of December 23, 1996, or any other Agreement between the parties. (iv) No grapes purchased to cover a short fall may be processed at the Buyer's Winery if the grapes come from a region known or reasonably suspected to be infested with phylloxera, the glassy winged sharpshooteror other serious disease or pest although the juice from such grapes, if crushed at a facility other than the Winery may be used in a blend. (v) The obligation to Grower to use its best reasonable efforts to supply Buyer with grapes shall be subject to Grower's obligations to customers other than Buyer (as said customers may be replaced by new customers from time-to-time). By way of illustration and not available to be included limitation, should weather conditions or other circumstances limit the harvest in the nominations for such month as set forth aboveany one year, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ grapes sold to Buyer by Grower shall be deemed "Excess Gas" reduced pro rata based upon Buyer's share of the year's projected harvest, as determined in good faith by Grower. It is agreed that because of the fact that different customers of Grower may purchase grapes for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer delivery at different times during the harvest, any good faith allocation made by Grower of its harvest among its customers on or prior to any significant changes in Seller's deliveries September 1st of residue gas hereunder. 2.2 Seller each year, shall be responsible for all regulatory filings, binding and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andconclusive upon Buyer.

Quantity. 2.1 7.01 Subject to Section 7.02 hereof and in conjunction with Article 4.0, delivery and receipt of volumes of Product hereunder shall take place at the other terms and provisions hereofPlant at uniform weekly rates, as nearly as is practical, such that Product delivered in any one month shall approximately equal 1/12th of the total production from the Plant during such year. 7.02 The Purchaser understands that Seller shall sell and delivergenerally has one or more scheduled Plant shutdowns each year for maintenance, or cause as well as periodic unscheduled plant shutdowns outside the Seller’s control that may affect the uniformity of the volumes of Product to be delivered under this Agreement. The Seller shall use its best efforts to Buyer, at ensure that such shutdowns will have as little impact as possible on the Point(s) rateable delivery of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior Product to the first day Purchaser. The Seller covenants that it will provide the Purchaser with not less than [Redacted – Timing] days’ prior written notice of each monthany scheduled production downtime and/or scheduled interruptions to Product availability/delivery; 7.03 The quantity of Product delivered to the Purchaser from the Plant shall be established by outbound meter tickets or per certified scale expressed in net temperature-corrected gallons in accordance with standards commonly used within the industry in Canada. The meter and/or scale tickets shall be obtained from meters/scales which are certified as of the time of loading and which shall comply with all applicable laws, Seller will nominate to Buyer rules and regulations. The outbound meter and/or scale tickets shall be determinative, in the absence of fraud or manifest error of the quantity of residue gas available Product for which Purchaser is obligated to be tendered for delivery pay pursuant to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily QuantityArticle 9.0 hereof." 7.04 In the event Buyer purchases of a discrepancy of more than [Redacted – Percentage]% between loaded and unloaded volumes, a discrepancy affidavit will be filed using an agreed upon neutral third party witness. The findings of the Minimum Daily Quantity on third party will be taken as the official unload volume of the carrier vessel and with any day, shortage reimbursed by the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and Seller to the extent that, Seller sells and delivers Purchaser or any overage reimbursed by the Purchaser to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then Seller. Fees for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized witness, should any be charged, will be paid equally and jointly by the Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andPurchaser.

Quantity. 2.1 Subject (a) During each Contract Year, Buyer is obligated to the other terms purchase and provisions hereofreceive from Seller, and Seller shall is obligated to sell and deliver, or cause to be delivered deliver to Buyer, the Offtake Amount at the Point(sprice established herein. (b) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer If at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇ ▇▇▇▇▇▇ that were newly connected and not available reasonably believes it will be unable to be included supply the Offtake Amount in a given Contract Year (a “Shortfall”), it shall promptly notify Buyer in writing (a “Shortfall Notice”) of the nominations for such month as set forth above, then for amount of expected shortfall (the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof“Shortfall Amount”). Seller shall endeavor use good faith commercially reasonable efforts to notify Buyer prior cure the cause of any Shortfall. If Seller is unable to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller cure such Shortfall during the Shortfall Cure Period, then (i) Buyer’s obligation to purchase the Offtake Amount during the Contract Year when the Shortfall occurred shall be responsible for all regulatory filingsreduced by the Shortfall Amount, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. (ii) provided that such Shortfall does not result from a Force Majeure event, Buyer shall be responsible entitled to compensation (“Shortfall Compensation”) from Seller, in an amount not to exceed the Price of the Shortfall Amount and subject to the exclusion of consequential damages provisions set forth in Section 8.3, for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized direct costs incurred by Buyer hereundercaused by Seller’s failure to deliver the Shortfall Amount; provided that Buyer will use commercially reasonable efforts to alleviate or mitigate any such costs relating to the Shortfall Amount and will provide Seller with an accounting and brief description of any of the costs it claims to have incurred in connection therewith. As used herein, and“Shortfall Cure Period” means a period equal to [***] days on the Start Date, with a target to reduce such period to [***] days in a linear manner by the end of the Ramp-Up Period, where “Ramp-Up Period” means the period from the Start Date through the earlier of (i) the date the Plant is producing at the demonstrated nameplate capacity run rate (one million dry tons of wood feed per year equivalent) for at least [***] consecutive days and (ii) three (3) months from the Start Date.

Quantity. 2.1 Subject 10.1 The Seller undertakes that within the Range, the Seller will Deliver the Quantity to the other terms Buyer on a daily basis. 10.2 In respect of the Quantity of Product: a) where the Product is delivered by the Seller by road tanker, the Statement of Quantity of Product carried by the road tanker shall be prepared by the Inspector based upon the Weighbridge dockets for Product delivered by the Seller to the Omata Tank Farm; and, b) where the Product is delivered by the Seller to the Pipeline, the Statement of Quantity of Product carried by Pipeline shall be prepared by the Operator based upon the meter reading of Meter FT 016 and provisions hereof, Seller shall sell subject to any adjustments as deemed appropriate and deliver, or cause necessary for the purposes of accuracy by the Inspector. Either Party may elect to be delivered to Buyer, present at the Point(s) time of Delivery hereunder, and Buyer shall buy one hundred percent (100%) the said meter reading by the Operator for the purposes of all preparing the Statement of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." 10.3 For the purposes of verifying the accuracy of meter readings for Product delivered by Pipeline the Parties shall ensure that: a) on a monthly basis the metered volume of Product is checked against the tank volume of Product. In the event that the tank volume indicates that Meter FT 016 is out of calibration then the Parties shall take such steps as they deem necessary to ensure that it is recalibrated; and b) on a six (6) monthly basis ensure that a calibration test is conducted on Meter FT 016. 10.4 Where the total volume of Product (including the Seller's Percentage Share), produced from the Ngatoro Field falls outside of the Range then and in such instance the Buyer purchases more than reserves the Minimum Daily Quantity right to 122 give written notice requiring the Seller to renegotiate the Price or other material terms of this Agreement. Such notice shall contain the new price or terms desired by the Buyer. 10.5 If the Parties do not agree upon a new price or terms satisfactory to both Parties within thirty (30) days after the Buyer gives such notice, subject to subclause 10.6 the Buyer may terminate this Agreement at the end of the thirty day period. Any Product Delivered during this thirty day period shall be sold and purchased at the Price and on the terms applying hereunder without any dayadjustment, and neither party shall have further claim against the difference between other in this regard. 10.6 For the quantity avoidance of residue gas actually received by doubt, in the event that the Buyer on such day exercises its rights under subclause 10.5 then the Buyer's sole remedy will be under that subclause and the Minimum Daily Quantity shall be deemed "Excess GasBuyer will not have any further rights to claim from or against the Seller any amount by way of general or special damages or otherwise." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 A. Subject to the other terms provisions of subparagraphs B., C. and provisions hereofD. below, Seller shall sell agrees to tender for delivery and deliver, or cause sale to be delivered Buyer and Buyer agrees to Buyer, receive and purchase hereunder all gas Seller has available for sale at the Point(s) Delivery Points in excess of Delivery any gas required by Seller's Priority Customers (defined below), and in excess of the Reserved Gas (defined below), and reserved by Seller for its LNG supply requirements. Notwithstanding the preceding sentence to the contrary, Seller and Buyer recognize that in the event of sudden or extreme volume changes in either Seller's supply or Buyer's markets, Buyer may need reasonable lead time to adjust its gas supply or markets to accommodate such sudden or extreme volume changes to enable Buyer to purchase gas volumes made available hereunder, and by Seller. Buyer agrees to use its best efforts to minimize the lead time necessary to accommodate such volume changes. However, in no instance shall buy one hundred percent Buyer take more than five (100%5) working days to make such supply or market adjustments. Failure of all gas markets is not cause for nonperformance by either party under the terms of this Agreement. B. Buyer recognizes that Seller must satisfy its gas supply obligations to Energas, as well as other customers which were receiving gas from Seller's Fain Plant either directly o▇ ▇▇directly as of January 1, 1995, listed in Exhibit "A" attached hereto and made a part hereof ('Seller's affiliates' residue gas available for delivery, each day. On or before the sixth Priority Customers'). C. Buyer recognizes that Seller expects to construct and operate an LNG plant in conjunction with its Fain Plant and hereby reserv▇▇ ▇p to two thousand (6th2,000) business day prior to the first day of each month, Seller will nominate to Buyer the quantity MMcf of residue gas each year commencing January 1, 1997 to satisfy its LNG supply requirements ("Reserved Gas"). D. Buyer recognizes that Seller's Priority Customers have a first call on all gas Seller has available to be tendered for delivery to Buyer at the Point tailgate of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day Fain Plant and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, that Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ reserved up to two thousand (2,000) Mmcf per year additional gas commencing January 1, 1997; accordingly, Buyer expressly acknowledges that were newly connected and not available on any given day Seller may be unable to be included in the nominations for such month as set forth above, then for the remainder of such month the residue deliver any gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller will consult with Buyer as often as necessary regarding Seller's projection of the volume of gas to be available for delivery to Buyer during each month. Such projection will be based upon the volume of gas Seller expects to have available for delivery to Buyer after satisfying the requirements of Seller's Priority Customers and LNG markets. Seller will also provide to Buyer at least fifteen (15) days prior to the beginning of each month, a forecast of the volumes of gas it expects to have available for delivery to Buyer during each of the next twelve (12) months. 2.3 It is the intent of Buyer and Seller that all of the gas delivered hereunder be ultimately consumed in the City of Amarillo and its nvirons to the maximum extent practicable. Accordingly, it is expressly understood and acjreed that all gas delivered hereunder shall be responsible for all regulatory filings, allocated by Buyer to Buyer's markets in the City of Amarillo and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunderits environs before Buyer allocates any gas from other sources to such markets. Buyer shall be responsible for all regulatory filings provide Seller with a statement on a quarterly basis showing the volume of gas purchased hereunder from Seller and all coordination the total volume of gas delivered to Buyer's markets in the City of Amarillo and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andits environs.

Quantity. 2.1 Subject to the other terms and provisions hereofherein including without limitation the volume limitations set forth below, Seller shall Ratably deliver and sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Delivery Point and Buyer shall accept and purchase from Seller at the Delivery Point, all of Delivery each day during such month the NGUs extracted at the Plant that Seller Owns or Controls. Such volume of NGL's is estimated to be up to ** Barrels per Day (the "Nominated QuantityMaximum Production"). The Nominated Quantity Buyer shall accept the NGL's tendered by Seller pursuant to this Agreement at volumes up to the Maximum Production; provided, however, Buyer shall have the right to not accept any NGL's in excess of the Maximum Production upon providing notice of such to Seller. Should Buyer decline acceptance of any such excess volumes above the Maximum Production, then Seller shall be released from the terms and conditions of this Agreement with regard to such excess volumes which have been declined by Buyer and Seller may sell, construct its own facilities or contract for any monththe handling or disposition of such declined excess volumes to third parties or otherwise, plus as Seller deems appropriate. ** beginning on the Effective Date or minus a ten an anniversary thereof, Seller fails to deliver an average of at least ** percent (10**%) toleranceof the then-effective Maximum Production from the Plant, is herein called then Buyer shall have the "Minimum Daily Quantity." In right, within sixty (60) Days **, by providing written notice to Seller, to reduce the event Buyer purchases more than then-effective Maximum Production for the Minimum Daily Quantity on any day, Plant to a number of Barrels per Day equal to the difference between average daily volume of NGL's actually delivered from the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity Plant **. Such reduction shall be deemed "Excess Gas." If, and to effective as of the extent that, Seller sells and delivers date of Buyer's notice. For purposes of calculating the ** during any such ** during such period on which either of the following conditions occur shall be ** calculation of the ** during such Period: (i) the ** to Buyer at hereunder are ** or (ii) the Point(s) Plant was **. If the volume of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected the Owned and not Controlled NGL's available to be included delivered hereunder from the Plant increases to a level which is in excess of the then-effective Maximum Production for such Plant, then Seller may request an increase in the nominations then-effective Maximum Production to the volume of Owned NGL's and Controlled NGL's that Seller estimates to be available from such Plant, which such request must be in writing and detail the basis for the increase or anticipated increase in volume. Buyer shall respond, in writing, to Seller's request within thirty (30) Days of Buyer's receipt of Seller's request. If Buyer declines to increase the then-effective Maximum Production for the Plant, then the volume of Owned NGL's and/or Controlled NGL's which is in excess of the then-effective Maximum Production for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ Plant shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 permanently released from this Agreement, and Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements free to dispose of upstream pipelines and third party suppliers utilized such excess NGL's in any manner deemed appropriate by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andSeller.

Quantity. 2.1 6.1 Subject to the other terms Gathering System and provisions hereofPlant capacity, Seller Gatherer shall sell gather and deliver, or cause Processor shall process that volume of Gas legally allowed to be delivered produced which is attributable to Buyerthe interest owned or controlled by Producer or its successors and assigns in ▇▇▇▇▇ drilled on lands within the Contract Area or lands pooled therewith; provided, after processing, Producer or Producer's nominee will accept the Residue Gas. Processor shall regulate the flow of gas at the Point(s) Plant in the quantities and at the times desired by Processor to prudently operate the Plant and/or to meet the fluctuating condition of Delivery hereunderProcessor’s and Producer’s markets. Gatherer or Processor may, from time to time, find it necessary to shut off entirely or restrict the flow of gas to the Gathering System or Plant, respectively; notwithstanding anything herein to the contrary, in such event, neither Gatherer nor Processor shall be liable to Producer for the resulting effect thereof. Gatherer and Buyer Processor shall buy one hundred percent provide Producer prior notice of any shut down due to routine maintenance and shall prudently work to minimize the amount of such downtime. 6.2 Producer shall nominate to Gatherer in writing, not less than three (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th3) business day Days prior to the first day of each monthMonth during the term of the Agreement, Seller will the daily quantity of Gas (expressed in MCF’s and MMBtu’s) that Producer shall deliver to Gatherer at the Gathering System Delivery Point(s) for gathering during such Month. Producer shall also nominate to Buyer Processor in writing, not less than three (3) business Days prior to the first day of each Month during the term of the Agreement, the daily quantity of residue Residue Gas (expressed in MCF’s and MMBtu’s) that Producer or Producer’s nominee shall receive at the Residue Gas Delivery Point(s) following processing at the Plant. 6.3 Gatherer, Processor, and Producer shall designate a dispatcher(s) who shall be continuously on call for nomination purposes, and shall notify each other in writing of such dispatcher(s) and their telephone number(s). 6.4 Producer’s dispatcher shall notify Gatherer’s and Processor’s dispatchers in advance of any anticipated decrease in delivery rate below the daily nominated quantity. Producer’s dispatcher must obtain the prior written approval from Gatherer’s and Processor’s dispatchers for any delivery rate in excess of the daily quantity rate. Gatherer’s and Processor’s dispatcher shall notify Producer’s dispatcher of any anticipated inability to receive the Gas at a delivery rate less than (a) the daily nominated quantity rate; or (b) a previously orally authorized delivery rate in excess of the daily nominated quantity rate. 6.5 If insufficient Plant or pipeline capacity exists to process all the Gas, the Plant processing capacity will be prorated for all gas available dedicated to the Plant, without undue discrimination, and the Gas unable to be tendered for delivery processed will be bypassed ratably, if allowed. 6.6 Processor shall have the right, but not the obligation, to Buyer expand the Plant or build a new gas processing plant at a different location, and in such event, the Point Gas, or a portion thereof, may be processed by Processor in the expanded Plant or the new gas processing plant in accordance with the terms of Delivery each day during such month (the "Nominated Quantity")this Agreement. The Nominated Quantity for any monthParties acknowledge and agree that the Corvette Plant located in Hood County, plus or minus a ten percent Texas (10%) toleranceundergoing construction in 2008), is herein called deemed part of the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day Plant and the Minimum Daily Quantity Facilities for purposes of this Agreement, and the terms of this Agreement shall be deemed "Excess Gasapplicable and effective with respect thereto." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject to the other terms and provisions hereof, Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andand responsible for maintaining third-party, firm transportation agreements as necessary for Buyer to meet its obligations hereunder.

Quantity. 2.1 Subject Section 3.1 is amended to add the other terms and provisions hereof, following sentence: “Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of receive, the Contract Quantity each Day on a Firm basis. Seller's ’s Gas and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to Existing Contracts Volume shall be tendered for delivery delivered to Buyer at the Point of Delivery each day during such month (Receipt Points for gathering on the "Nominated Quantity"). The Nominated Quantity for any monthGathering System, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity Seller’s Gas shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to purchased by Buyer at the Point(s) Delivery Points, all as set forth herein. The Existing Contracts Volume shall be gathered, but not purchased, by Buyer hereunder. For purposes of Delivery during clarity, the Contract Quantity shall include only Gas volumes attributable to the Committed Reserves and the Existing Contracts and Seller shall not deliver, and Buyer shall have no obligation to receive hereunder, any month residue gas Gas volumes produced from or owned by third parties, other than Gas produced by Seller and its Affiliates in ▇▇▇▇▇ that were newly connected located on the lands described in Exhibit A and not available to be included in the nominations for such month as set forth aboveExisting Contracts Volume, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ which shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify gathered, but not purchased, by Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall never be responsible obligated to receive on any Day volumes of Gas hereunder in excess of 30,000 Mcf’s per Day, as such maximum volume is allocated to each Receipt Point as shown in Exhibit B, except that Seller, prior to the second anniversary of the Effective Date, shall have the right to deliver volumes to the Fonde Receipt Point in excess of the maximum volume shown in Exhibit B for such Receipt Point up to the lower of (x) the maximum available receipt capacity at such Fonde Receipt Point, or (y) a volume that when added to all regulatory filings volumes delivered by Seller at all Receipt Points does not exceed 30,000 Mcf’s per Day, by written notice to Buyer. If Seller elects to deliver such additional volumes to the Fonde Receipt Point, then Seller shall reduce (but not increase) the volumes delivered at one or more of the other Receipt Points so that the total volumes delivered hereunder never exceed 30,000 Mcf’s per Day. Any such election by Seller shall remain in effect until the second anniversary of the Effective Date and, for the term of the Contract, unless, prior to the second anniversary of the Effective Date, Seller notifies Buyer of any additional increase (but not decrease) in the volumes to be delivered to the Fonde Receipt Point (up to 30,000 Mcf’s per Day), and all coordination and nomination requirements the corresponding reductions in the volumes delivered at one or more of downstream pipelines and third party purchasers and transporters utilized the other Receipt Points necessary to cause the total volumes delivered hereunder to never exceed 30,000 Mcf’s per Day. Such final election by Buyer hereunder, andSeller shall remain in effect for the remaining term of this Agreement.”

Quantity. 2.1 4.1 It is the intent of the Parties that Gas purchased and sold hereunder on and after the First Supply Date shall, subject to the terms and conditions hereof, be delivered by Sellers and utilized by Buyer during the course of a Day at as close to uniform volumes as reasonably practicable. The Parties acknowledge, however, that Gas purchase volume changes may occur during re-starts or shut downs of Buyer's Plant or other anticipated, planned, and/or unplanned events affecting operation of Buyer's Plant. 4.2 Subject to the other terms and provisions hereofconditions of this Agreement, Seller shall Sellers agree to sell and deliver, or cause to be delivered deliver to Buyer, at and Buyer agrees to purchase and take from Sellers, each Day from and after the Point(sFirst Supply Date for the duration of the Contract Period (as defined in Article VIII hereof), such quantity of Gas, not to exceed the amount of the Maximum Daily Contract Quantity (MDCQ), as may be nominated or deemed nominated by Buyer in Daily Nominations pursuant to Section 6.3 hereof. 4.3 Buyer agrees to purchase from Sellers during the course of each Contract Year a Minimum Annual Contract Quantity of Gas, expressed in MMBtu, equal to twenty-eight million (28,000,000) MMBtu on a Gross Heating Value basis, less all of the following: (a) the sum of any quantities of Gas that Sellers fail or are unable to deliver under this Agreement for any reason during that Contract Year, including but not limited to Force Majeure affecting Sellers and Scheduled Outages of Sellers' Alba Field Facilities; (b) the sum of any quantities of Gas during that Contract Year of which Buyer refuses delivery due to quality problems as provided in Article IX hereof; (c) the sum of any quantities of Gas during that Contract Year of which Buyer was unable to take delivery due to Force Majeure affecting Buyer; (d) the sum of any quantities of Gas during that Contract Year which Buyer does not take due to Scheduled Outage(s) of Delivery hereunder, and Buyer shall buy one hundred percent Buyer's Plant; said quantities covered by the aforesaid items (100%a) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth through (6thd) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be computed as follows: (i) in MMBtu's on a Gross Heating Value basis; (ii) the deduction attributable to any Day for which there is (or is deemed "Excess Gas." Ifto be) a Daily Nomination under Section 6.3 below shall be the shortfall in actual delivery below said Daily Nomination, and to the extent thatprovided, Seller sells and delivers to that if Buyer has intentionally set its Daily Nomination at the Point(s) a lower level than it otherwise would because of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month factor as set forth in items (a) through (d) above, then the amount by which Buyer calculates that it so reduced its Daily Nomination shall (or shall also) be the deduction for such Day; and (iii) the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ deduction attributable to any Day for which no Daily Nomination was made or deemed made under Section 6.3 shall be the shortfall in actual delivery below the average of the last thirty (30) Daily Nominations that were made or deemed "Excess Gas" for pricing purposes made under Section 8.1 6.3 hereof. Seller shall endeavor to notify Buyer prior to In identifying said last thirty (30) Daily Nominations, Daily Nominations for any significant changes in SellerDay on which there was a Scheduled Outage of Buyer's deliveries Plant or Sellers' Alba Field Facilities, an event of residue gas hereunder. 2.2 Seller Force Majeure, or any other cause of non-delivery or restricted delivery, shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andexcluded.