Common use of Curtailments Clause in Contracts

Curtailments. 4.1 Processor shall have the right at any time to curtail all or a portion of Supplier’s Off-Gas Processed at the Plant, to the extent reasonably necessary for routine or non-routine maintenance or repair of the Plant. In any instance of curtailment, Processor agrees to curtail Off-Gas received at the Plant **. Further curtailment shall be ** If Supplier requests that Processor not curtail Off-Gas from Supplier’s West Refinery and that all of Supplier’s curtailment be applied to Supplier’s East Refinery, Supplier shall pay to Processor an amount equal to the difference between the Plant Net Proceeds Attributable to Supplier’s Off-Gas from its East Refinery and the Plant Net Proceeds Attributable to Supplier’s Off-Gas from its West Refinery for all Off-Gas not curtailed and processed from Supplier’s West Refinery in lieu of Off-Gas processed from Supplier’s East Refinery ** provided that such payment amount shall never be less than zero. An example of this calculation is included in Exhibit B. Processor shall notify Supplier of the nature and extent of each instance of curtailment due to a non-routine event as soon as reasonably practicable. Such notice shall include the reasons for the curtailment and an estimate of the amount of time the curtailment is expected to last. Processor shall give Supplier no less than thirty (30) days prior written notice of scheduled maintenance or repairs that are expected to fully or significantly curtail operations at the Plant and shall include a general description of such activities and the amount of time the curtailment is expected to last. Processor agrees to use commercially reasonable efforts to minimize the time of any such curtailments and, to the extent practicable, coordinate with Supplier any scheduled curtailment with Supplier’s activities at its Refineries. 4.2 Subject to reasonable fees, terms and conditions, Processor will assist in transporting Gas between the Refineries or to Supplier’s designees, or provide other services in this context only during Processor’s total Plant outages. 4.3 Supplier is aware that material changes in the quality and quantity of Supplier’s Off-Gas delivered to the Plant could adversely affect Plant operations. If, in Processor’s sole but reasonable opinion, changes in the composition or volume of Supplier’s Off-Gas have an adverse affect on Plant operations, Processor may adjust Supplier’s Off-Gas deliveries until such time as the composition and/or volume of Supplier’s Off-Gas returns to the original composition, or becomes otherwise acceptable to Processor. 4.4 Supplier shall provide Processor with no less than thirty (30) days advance written notice of Supplier’s planned outages which are anticipated to impact the volume or composition of Supplier’s Off-Gas.

Curtailments. 4.1 Processor shall have the right at any time to curtail all or a portion of Supplier’s Off-Gas Processed at the Plant, to the extent reasonably necessary for routine or non-routine maintenance or repair of the Plant. In any instance of curtailment, Processor agrees to curtail Off-Gas received at the Plant **. Further curtailment shall be ** If Supplier requests that Processor not curtail Off-Gas from Supplier’s West Refinery and that all of Supplier’s curtailment be applied to Supplier’s East Refinery, Supplier shall pay to Processor an amount equal to the difference between the Plant Net Proceeds Attributable to Supplier’s Off-Gas from its East Refinery and the Plant Net Proceeds Attributable to Supplier’s Off-Gas from its West Refinery for all Off-Gas not curtailed and processed from Supplier’s West Refinery in lieu of Off-Gas processed from Supplier’s East Refinery ** provided that such payment amount shall never be less than zero. An example of this calculation is included in Exhibit B. Processor shall notify Supplier of the nature and extent of each instance of curtailment due to a non-routine event as soon as reasonably practicable. Such notice shall include the reasons for the curtailment and an estimate of the amount of time the curtailment is expected to last. Processor shall give Supplier no less than thirty (30) days prior written notice of scheduled maintenance or repairs that are expected to fully or significantly curtail operations at the Plant and shall include a general description of such activities and the amount of time the curtailment is expected to last. Processor agrees to use commercially reasonable efforts to minimize the time of any such curtailments and, to the extent practicable, coordinate with Supplier any scheduled curtailment with Supplier’s activities at its Refineries. 4.2 Subject to reasonable fees, terms and conditions, Processor will assist in transporting Gas between the Refineries or to Supplier’s designees, or provide other services in this context only during Processor’s total Plant outages. 4.3 Supplier is aware that material changes in the quality and quantity of Supplier’s Off-Gas delivered to the Plant could adversely affect Plant operations. If, in Processor’s sole but reasonable opinion, changes in the composition or volume of Supplier’s Off-Gas have an adverse affect on Plant operations, Processor may adjust Supplier’s Off-Gas deliveries until such time as the composition and/or volume of Supplier’s Off-Gas returns to the original composition, or becomes otherwise acceptable to Processor. 4.4 Supplier shall provide Processor with no less than thirty (30) days advance written notice of Supplier’s planned outages which are anticipated to impact the volume or composition of Supplier’s Off-Gas.