- 12 - the time such natural gas is requested for delivery under the Contract. As used herein, "Gross Working Interest" shall mean the share of gas Seller has the right to sell, specifically being prior to reduction for royalties, over- riding royalties and other non-operating interests. Such recoupment shall be accomplished as follows: (a) Fifty percent (50%) of the volumes of natural gas delivered from any Subject Well and sold to Buyer or to Buyer and Buyer's partial assignee under the Contract each month during the period May 1, 1988 through the remaining term of the Contract, or until such time as the Prepayment is fully recouped or refunded, whichever first occurs (the "Recoupment Period"), shall be considered recoupment gas and received without further payment and, accordingly, all such natural gas purchased pursuant to the Contract from the Subject Wells will be retained by Buyer or by Buyer and Buyer's partial assignee and applied against the Prepayment until Buyer has thereby recouped the entire Prepayment. (b) Buyer or Buyer and Buyer's partial assignee shall have the right to require deliveries and purchases from each Subject Well at a daily rate of up to the Daily Deliver- ability of that well in effect from time to time. In the event Seller fails or is unable for any reason to tender and deliver gas from any Subject Well at the rate requested, then Buyer, in addition to all other rights and remedies available to Buyer, shall be entitled to deduct an amount equal to fifty percent (50%) of the difference between the volume requested and the volume actually delivered, multiplied by the pricePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011