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HomeMy WebLinkAbout1864 . I , , 3 r. .~.~:4,~. r... _ _ ~ _r . , . _ .p. - - _ - - - ~ _ _ _ _ _ ' 'r ~ the Indentnre (provided thnt no term nsed in this ~rticle ,2 shall, unless capitalized, be deemed to be a term so deSned) shall have tLe meanings tlierein specified, unless the contezt otherwise specifies or requires : The term '~1991 Certificate of Available (~as Snpply" shall mean an Engineer's Certifioate which shall atate tLat the date of eahanstion of available gas anpply ia a date later than February 28,1993, or ahall specify a date earlier tban March 1, 1993 as the date of ezhanstion of ' available gas supply. For the pnrposes of any snch CertiBcate, (1) "available gaa snpply" ahall mean the minimnm volnme of gas which, after giving dne consideration to the factors men- tioned in clause (3) of this paragraph, at the date (wluch sball be a date not earlier tLan the January 1 preceding the date of any snch CertiScate and which for purposes of this paragraph. is called the '~determination date") as of which available gas snpply is being determined, the Company and, to the eztent pro- vided in clause (4) of this paragraph, its Transportation Cns- tomers can reasonably eapect to produce for its and their o~rn account or to purchase at economically practical prices from gas reservea which are or are reasonably ezpected to be proven - (whether or not the Company or snch Transportation Cnstomers, as the case may 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 throngh all or any part of tLe Pipe = Line System and (ii) sale or use of sncL gas by the Companp, or delivery of snch gas to or for the aocount of snch Transportation Customers as the ownera thereof, as the case may be ; provided, howe~ ar, that in any case where a Tranaportation Cnstomer has agreed, subject to force majeure or de minimis eaceptions, to pay ~ tLe Companp for the transportation of a specified quantity of gas whether or not delivered, the entire quantity of gas so speci- ~ fied sball be inclnded in available gas supply; ~ E $ (2) th~"s~~te of eahanstion" shull mean tLe date on which available gas supply ~ould be exhansted on the assumption that gas from acailable gas snpply were sold or nsed after the deter- ~ mination date at an annnal rate equal to 9(?% of the aggregate ~ volume of gas transported for others, sold and nsed (including gaa ~ unaccounted for) by the Company dnring the 12 Calendar 3ionths ~ preceding the determination date; ~ ~ ~ ~ sooK190. i8S0 . s ~ . ~ ,::F i_`q~vSj ~`s ~ ~ ~ . ' - _ . . . - . . s - . ' . . ! . . ~ . _ . _ _ _ . -1E .~'rR~" F: ` _ . , 3; ~ . _ . W _ _ . < ~ ~ '