- 9 - the particular unrecouped annual shortage occurred, the right to recoup the remainder of that particular annual shortage will terminate. (5) Tax reimbursements, if any, due by Buyer to Seller hereunder will be payable as and when gas is actually received, without regard to whether the gas being received is recouped gas or gas currently being purchased and paid for. (6) If the price payable under this contract when particular recoupment gas is received is higher than the price Buyer paid hereunder for the particular annual shortage against which that recoupment gas is credited, then Buyer will pay the difference at the time the recoupment gas is received. Shortly after Malibu acquired its interest in the subject wells, Mr. Herbel wrote to Arkla and demanded payment in the amount of $4,749,123 due to Arkla's failure to take and pay for, or to pay for if not taken, a minimum quantity of gas during the period April 1983 through April 1987, as required by section 9 of the Contract quoted above. In a letter dated March 9, 1988, Mr. Herbel reduced Malibu's claim to $3,539,040 to account for the fact that the original claim had overstated Malibu's working interest in one of the wells. He further reduced the claim to $2,418,170, "After making certain adjustments because ofPage: 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