Common use of Maximum Quantities Clause in Contracts

Maximum Quantities. 3.2.1. Company and customer shall agree upon a Maximum Daily Winter Quantity (“MDWQ”) applicable to the period from November through March which will be reflected in the Agreement, and shall establish the maximum MMBtu Quantity that the Company will be obligated to deliver on a firm basis on any given day to customer’s point of delivery until such maximum quantity is revised pursuant to Part 3.2.4. 3.2.2. Average Daily Volume shall be calculated by dividing the annual volume by 365. 3.2.3. Under no circumstances is Company required to agree to an MDWQ, Average Daily Volume or other quantity-related obligation under this rate schedule that it finds inconsistent with actual expected operating outcomes or load requirements based on observed historical operating data, the level and nature of currently installed natural gas facilities, equipment and appliances, or other relevant, reasonable and appropriate information or data. When entering into a new Agreement, an existing customer will not be required to agree to an MDWQ, Average Daily Volume or other quantity- related obligation under this rate schedule that is less than the quantities in effect during the previous Agreement, provided, however, that the quantities sought by the customer were actually experienced during the two-year period preceding the new Agreement. 3.2.4. Unless agreed otherwise, should customer deliveries exceed the Initial MDWQ during the period from November through March, then delivery demand set on that day shall reestablish the MDWQ and shall hereinafter be referred to as the Replacement MDWQ. Should annual deliveries exceed previously established levels, for the prior 12-month period, then the Initial Average Daily Volume will be reestablished for the annual period, and shall be known as the Replacement Average Daily Volume. The Replacement MDWQ or Average Daily Volume, respectively, become effective on the first day of the month after which the excess occurred for all meters read on and after that date, and continue for the remaining term of the contract or until such time that a Replacement MDWQ or Average Daily Volume is established. The Replacement MDWQ or Average Daily Volume shall not, however, exceed the quantity that is capable of being received or delivered on a firm basis. In the event that the Replacement MDWQ or Average Daily Volume would otherwise exceed the quantity that is capable of being received or delivered on a firm basis, then the Replacement MDWQ or Average Daily Volume shall be the maximum level that can be received or delivered on a firm basis. 3.2.5. Company shall not be obligated to receive or deliver more than the Maximum Hourly Quantity (“MHQ”). If customer takes gas in excess of the specified MHQ at the point of delivery without the approval of Company, and such excess flow causes physical harm to the Company, its other customers or its facilities, then customer shall reimburse Company for the actual cost of damages or harm or repairs to its facilities, plus overhead expenses, within 15 days after the date of Company’s invoice to customer for such damages.

Maximum Quantities. 3.2.1. Company and customer shall agree upon a Maximum Daily Winter Quantity (“MDWQ”) applicable to the period from November through March and a Maximum Daily Summer Quantity (“MDSQ”) applicable to the period from April through October, both of which will be reflected in the Agreement, and shall establish the maximum MMBtu Quantity that the Company will be obligated to deliver on a firm basis on any given day to customer’s point of delivery until such maximum quantity is revised pursuant to Part 3.2.4. 3.2.2. Average Daily Company and customer shall agree upon an Annual Volume Limitation (“AVL”), which will be reflected in the Agreement, and shall establish the maximum MMBtu which the Company shall be calculated by dividing obligated to deliver on a firm basis during the annual volume by 365contract year, consisting of twelve consecutive billing periods. 3.2.3. Under no circumstances is Company required to agree to an MDWQ, Average Daily Volume MDSQ, AVL, or other quantity-related obligation under this rate schedule that it finds inconsistent with actual expected operating outcomes or load requirements based on observed historical operating data, the level and nature of currently installed natural gas facilities, equipment and appliances, or other relevant, reasonable and appropriate information or data. When entering into a new Agreement, an existing customer will not be required to agree to an MDWQ, Average Daily Volume MDSQ, AVL, or other quantity- quantity-related obligation under this rate schedule that is less than the quantities in effect during the previous Agreement, provided, however, that the quantities sought by the customer were actually experienced during the two-year period preceding the new Agreement. 3.2.4. Unless agreed otherwise, should customer deliveries exceed the Initial MDWQ during the period from November through March, then delivery demand set on that day shall reestablish the MDWQ MDWQ, and shall hereinafter be referred to as the Replacement MDWQ. Should customer deliveries exceed the Initial MDSQ during the period April through October, then delivery demand set on that day shall reestablish the MDSQ, and shall hereinafter be referred to as the Replacement MDSQ. Should annual deliveries exceed previously established levels, for the prior 12-month period, then the Initial Average Daily Volume AVL will be reestablished for the annual period, and shall be known as the Replacement Average Daily VolumeAVL. The Replacement MDWQ MDWQ, MDSQ or Average Daily VolumeAVL, respectively, become effective on the first day of the month after which the excess occurred for all meters read on and after that dateoccurred, and continue for the remaining term of the contract or until such time that a Replacement MDWQ MDWQ, MDSQ or Average Daily Volume AVL is established. The Replacement MDWQ MDWQ, MDSQ, or Average Daily Volume AVL shall not, however, exceed the quantity that is capable of being received or delivered on a firm basis. In the event that the Replacement MDWQ MDWQ, MDSQ, or Average Daily Volume AVL would otherwise exceed the quantity that is capable of being received or delivered on a firm basis, then the Replacement MDWQ MDWQ, MDSQ, or Average Daily Volume AVL shall be the maximum level that can be received or delivered on a firm basis. 3.2.5. Company shall not be obligated to receive or deliver more than the Maximum Hourly Quantity (“MHQ”). If customer takes gas in excess of the specified MHQ at the point of delivery without the approval of Company, and such excess flow causes physical harm to the Company, its other customers or its facilities, then customer shall reimburse Company for the actual cost of damages or harm or repairs to its facilities, plus overhead expenses, within 15 days after the date of Company’s invoice to customer for such damages.