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HomeMy WebLinkAbout1809 •r~,~._ z.- . . ....._._.___z..._:_,__,_.._.. . _ . _ - - _ ~ : . - . _z = ~ ~ 21 the meanings herein specified and, egcept as otherwise defined or eapressly provided herein, the terms ~hich are de8ned in ~.rticle 1 of the Indentnre (provided that no term nsed in this ~rt4cle 2 shall, nnlese i ~ capitalized, be deemed to be a term so defined) shall have the ineaninga ~ therein specified, nnless the conteat otherwise specifies or requirea : . The term "1y90 Certificate af ~vailable Gas Supply" shall mean an Engineer's Certificate which shall state that tbe date of eshanstion of available gas supply is a date l~ter than Deeember 31,1991, or sl~all specifs a date earlier than January 1,1992 as the date of eshaustiou of available gas snpply. For the purposes of any snch Certificate, (1) "available gas snppls" shall mean the minimnm volnme of gas which, after giving dne consideration to the factors men- tioned in clause (3) of this paragr~pb, at the date (which sLall be a date not earlier than the January 1 preceding the date of anp snch Certific$te and which for pnrposea of this paragrapb is called the "determination date") as of uhich available gas snpply is being determined, tbe Company and, to the eztent pro- vided in clause (4) of this paragraph, its Transportation Cna- tomers can reasonably e~peet to prodnce for its and their own acconnt or to pnrchase at economically practical prices from gas reserves which are or are reasonably ezpected to be proven - (whether or not tLe Company or snch Transportation Customera, as the case map be, has or have a right to prodnce or a contract or other right or option to purchase such gas) for the pnrpose of (i) transportation thereof through all or any part of the Pipe Line System and (u) sale or nse of such gas by the Conipany, or delivery of snch gas to or for the acconnt of such Transportation Cnstomera as the owners t~ereof, as the case may be; provided, however, tbat in any case where a Tranaportation Cnstomer has agreed, subject to force majenre or de minimis ezceptions, to pay the Company for the transportation of a specified qnantity af gas whether or not delivered, the entire quantity of gas so apeci- ~ fied sball be inclnded in available gas snpply; ~ (2) the "date of eahanstion" shall mean the date on which ~ available gas snpplp wonld be eahansted on the assnmption that gas from available gas supplp were sold or nsed after the deter- mination date at an annnal rate eqnal to 90% of the aggregate volnme of gas transported for others, sold and nsed (inclnding gas : _ } • - , , i4r - BQV~1~L7~1 //lUiiVV~ s,. _ ~ _ - , _ r„"_'""",~- ~ + ~ ,r ~ m`-~~-~r~~... ~~.-~,~f.~ ~ - _ - ~;y ~~='k,~