- 5 - corporation, as seller, and Arkansas Louisiana Gas Co. (Arkla) as buyer. In this opinion, we refer to the gas purchase contract as the Contract. Section 9 of the Contract provides as follows: Section 9. QUANTITIES. (A)(1) The following phrases are used in this agreement with the following meanings: (a) "Daily Deliverability,” with respect to a particular well, refers to the average daily rate at which the well can lawfully deliver gas under the conditions of this contract as determined by a 5-day test, such 5-day tests to be conducted by Buyer from time to time as operations may indicate to be necessary. The results of a particular 5-day test shall be effec- tive hereunder from the completion of the test until the completion of the next such test. (b) “Average Daily Volume,” with respect to a particular well, refers to 75% of the Daily Deliverability of that well as in effect from time to time. (c) "Contract Annual Volume,” with respect to a particular well, refers to an annual volume equal to the cumulative total of the Average Daily Volumes effective hereunder from time to time for that well during the particular Contract Year. (2) Subject to the further provisions hereof, Buyer shall receive the Contract Annual Volume during each Contract Year from each Contract Well. (3) Buyer’s receipts of gas hereunder will fluctuate from time to time because of Buyer’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011