Excluded Gas definition

Excluded Gas shall have the meaning set forth in Section 3.2.
Excluded Gas means and include (a) at Seller's sole discretion, Gas owned or controlled by Seller that is being sold, on the Effective Date, on behalf of Seller under a joint operating agreement, unit operating agreement or similar agreement to which Seller is a party, (b) at Seller's sole discretion, Gas production commencing or acquired from a new source after the Effective Date which is owned or controlled by Seller and which Seller elects to have sold on its behalf under a joint operating agreement, unit operating agreement or similar agreement to which Seller is a party at any time after the Effective Date, provided that the quantity of such Gas, when available for initial delivery by Seller, does not exceed 150,000 cubic feet per Day per well, (c) at Seller's sole discretion, Gas sold under (i) any binding and enforceable Gas sales contracts existing on the Effective Date, and (ii) any binding and enforceable Gas sales contracts burdening properties acquired by Seller after the Effective Date (insofar as the same existed as of the date of acquisition) during the primary term thereof and any extensions of contracts described in (i) or (ii) above made in accordance with the terms of such contracts governing extensions or renewals (it being understood, however, that Seller, at its sole discretion, may have such contracts administered by Buyer in accordance with that certain Contract Administration Agreement of even date herewith between Seller and Buyer), and (iii) applicable calls on production, rights of first refusal or similar rights in favor of third parties with respect to Gas of the sort customarily found in joint operating agreements, unit agreements or other agreements typically entered into in connection with Gas exploration and production activities, to which agreements Seller is a party on the Effective Date, and (iv) applicable calls on production or reversionary rights to convert retained overriding royalties into working interests in favor of third parties with respect to Gas production commencing or acquired after the Effective Date, such rights being of the sort customarily found in farm-ins or other drill-to-earn agreements, (d) Gas subject to the reservations set forth in Sections 3.6 and 3.7, (e) Disposition Gas (as defined in Section 3.3, if released in accordance with Sections 3.3 and 9.2), (f) Lien Gas (as defined in Section 3.7, if released in accordance with such Section 3.7), (g) other Committed Gas released from this Agreement pursuant to ...
Excluded Gas is defined in Section 2.2.

Examples of Excluded Gas in a sentence

  • Each party included in the term "Seller" shall cause any and all of their current and future Affiliates (including subsidiaries) which own or control Gas production in North America, onshore or offshore (but excluding any Gas defined as Excluded Gas), to the extent not already parties to the Agreement and to the extent this Agreement is still in full force and effect, to ratify, approve, assume and agree to be bound by all of the terms, obligations, and provisions of this Agreement.

  • During the term hereof and subject to any limitations herein set forth, Seller shall sell to Buyer and Buyer shall purchase from Seller all deliverable Gas owned or controlled (as defined in Article XIII) by Seller during the term of this Agreement in North America (onshore and offshore), excluding, however, Gas defined as Excluded Gas.

  • Notwithstanding the foregoing, the Parties also acknowledge and agree that 65% of the interest in Existing Agreement W▇▇▇▇ shall not be included within the definition of Excluded Gas, and such 65% interest in such w▇▇▇▇, as well as EnCana Gas, is dedicated to Enterprise for the life of lease under existing gathering and processing agreements.

  • Excluded Gas" means Pre-Effective Date Commitment Gas, Post-Effective Date Commitment Gas, Lease Use Gas, Small Non-Operated Well Gas, Other Services Gas, Third Party Operations Gas, Non-Conventional Gas, Tax Law Change Gas, Property Management Gas, and Cogeneration Gas, as each is defined in this Section 2.2.

  • Notwithstanding Seller's Reservations or the definition in Section 2.2 of Excluded Gas, during each Month during the term hereof, Seller shall make available, including gas delivered by a Seller Affiliate or under the Agency Agreement, to Purchaser at the Delivery Points a quantity of gas equal to the Minimum Monthly Quantity for that Month.


More Definitions of Excluded Gas

Excluded Gas means (a) Gas produced attributable to lands outside the area depicted on Exhibit "A" attached hereto, (b) Gas that is dedicated to pre-effective date commitments for Gas required to fulfill Seller's obligations under (i) the take-in-kind royalty provisions of its oil, Gas and mineral leases (provided that Seller shall not actively encourage any lessor to take its royalty share of Gas in-kind and shall not agree to remarket any Gas taken in-kind by a lessor), (ii) agreements to which Seller is a Party including obligations pursuant to calls on production, rights of first refusal, reversionary rights to convert retained overriding royalties into working interests and similar rights in favor of third Persons for those times and to the extent third parties have exercised their rights to enforce such obligations, (c) Gas subject to the operational reservations set forth in Section 3.6.1; (d) Gas sold to a third party in accordance with Section 14.5 hereof but only during the continuance of the event of Force Majeure; and (e) such other Gas as Seller proposes to exclude and Buyer agrees in writing, in Buyer's sole discretion, may be excluded.
Excluded Gas means Pre-Effective Date Commitment Gas, Post-Effective Date Commitment Gas, Lease Use Gas, Small Non-Operated Well Gas, Other Services Gas, Third Party Operations Gas, Non-Conventional Gas, Tax Law Change Gas, Property Management Gas, and Cogeneration Gas, as each is defined in this Section 2.2.
Excluded Gas means all Petroleum Substances injected into or contained within the Assets, as applicable, currently under the custody and control of Vendor but for which title thereto remains with Third Parties under storage agreements between Wild Rose and such Third Parties or otherwise;