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which Seller can lawfully deliver hereunder
consistently with prudent operation of Seller’s
wells and with all rules and regulations of any
regulatory authority having jurisdiction.
(E) If any given subject well or wells be
connected to Buyer’s pipeline system and prepared
to deliver gas to Buyer hereunder during only
part of any given accounting period, then Buyer’s
take obligation in respect of such well or wells
for such accounting period shall be that propor-
tion of the take obligation otherwise applicable
which the number of days such well or wells are
connected to Buyer’s system and prepared to
deliver gas to Buyer hereunder during such period
bears to the total number of days in the period.
(F) In order to avoid disproportionate
withdrawals of gas from any well or wells, it
is agreed that if gas from any particular well
or wells otherwise deliverable hereunder is not
delivered to Buyer, either because the gas is
delivered to Seller’s lessors or used by Seller
for operations in the area pursuant to other
provisions of this contract or for any other
reason, then Buyer’s take obligations hereunder
in respect of such well or wells may, at Buyer’s
option, be reduced by amounts equivalent to such
volumes produced but not delivered to Buyer.
(G) Seller recognizes that the efficient
conduct of Buyer’s business requires the main-
tenance of accurate gas reserve records, and
Seller agrees to cooperate with Buyer to that end
and to make available to Buyer such information
as to subject wells as may be necessary or useful
to Buyer from time to time in its reserve
studies.
(H) If Buyer does not receive the annual
minimum which Buyer is obligated to receive
hereunder during a particular Contract Year, and
the annual minimum was available and tendered by
Seller for delivery hereunder in accordance with
the provisions of this contract, Buyer shall pay
to Seller at the price per Mcf payable hereunder
on the last day of the particular Contract Year
for a volume (hereinafter for convenience
referred to as the "annual shortage") equal to
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Last modified: May 25, 2011