Common use of Nominations and Scheduling Clause in Contracts

Nominations and Scheduling. 7.01 Each Gas Day under this Agreement, Shipper shall submit receipt and delivery nominations of Gas, and Gatherer shall confirm such nominations, according to the nomination provisions set forth below. Shipper shall: a. Nominate to Gatherer by facsimile or via electronic mail at least twenty-four (24) hours before ten o'clock a.m., Central Standard Time, of the Day on which Shipper desires Gathering Services. Gatherer shall have no obligation to gather Gas for Shipper under this Agreement if Shipper's notice (nomination) is not received timely. Nominations for mid-month changes will be taken by exception only, submitting only those records that are being revised. Additionally, nominations will be taken Monday through Friday eight o'clock a.m. until five o'clock p.m., Central Standard Time with weekend changes only being accepted when the interconnecting pipeline has a change in the mainline nomination. b. Include in the nomination the quantity of Gas to be received by Gatherer including Shipper's Total Thermal Energy Content, and FL&U reimbursement quantities at each specified Receipt Point(s), and the quantity to be delivery by Gatherer at each specified Delivery Point(s) for the Day(s) Gathering Service is requested. The total Receipt Point(s) nominations less FL&U must equal the equivalent Total Thermal Energy Content of the Delivery Point(s) nominations. If a predetermined allocation method is relied upon by Shipper for its Delivery Point(s) nominations, then Shipper shall so indicate in its nomination. c. If Gatherer does not have the capacity to accept and/or deliver the requested quantities of Gas beyond Shipper's MDQ the following Day, Gatherer shall provide such notice to Shipper via facsimile or via electronic mail by five o'clock p.m., Central Standard Time. d. For service to begin on the first, second or third Day of the Month, nominations must be submitted to Gatherer by ten o'clock a.m., Central Standard Time, by facsimile or via electronic mail four (4) working Days prior to the first Day of the Month. Shipper confirmations shall be sent out at the beginning of the Month and then only when a change in nomination(s) occurs. Shipper has the option of receiving the confirmation by facsimile or via electronic mail. e. Provide the associated contract numbers for the downstream parties, if known. f. Nominate to no more than one (1) Delivery Point per nomination per line item. Transactions to which different rates, if any, apply shall also be nominated separately. 7.02 If on any Gas Day Capacity on Gatherer's systems is restricted, Gatherer may schedule the available Capacity as Gatherer elects in its sole discretion. All firm volumes will be allocated on a pro-rata basis based upon confirmed nominations. ARTICLE VIII

Nominations and Scheduling. 7.01 Each Gas Day under this Agreement, Shipper shall submit receipt and delivery nominations of Gas and/or Low Btu Gas, and Gatherer shall confirm such nominations, according to the nomination provisions set forth below. Shipper shall: a. Nominate : For Gathering Service to begin on the first Gas Day of the Month, submit nominations to Gatherer by eleven o'clock a.m. Central Clock Time by facsimile or via electronic mail by posting on other Electronic Media, as directed by Gatherer, at least twenty-four two (242) hours before ten o'clock a.m., Central Standard Time, Business Days prior to the first day of the Month. For Gathering Service on all other Days of the Month, submit nominations to Gatherer by eleven o’clock a.m. Central Clock Time by facsimile or by posting on other Electronic Media, as directed by Gatherer, at least one (1) Business Day on which Shipper desires Gathering Servicesprior to the Day Gas is to flow. Gatherer shall have no obligation to gather Gas for Shipper under this Agreement if Shipper's notice (nomination) is not received timely. Nominations for mid-month changes will be taken by exception only, submitting only those records that are being revised. Additionally, nominations will be taken Monday through Friday eight o'clock a.m. until five o'clock p.m., Central Standard Time with weekend changes only being accepted when the interconnecting pipeline has a change in the mainline nomination. b. Include in the nomination the gross quantity of Gas in MMBtu’s to be received by Gatherer including Shipper's Total Thermal Energy Content, and FL&U reimbursement quantities at each specified Receipt Point(s), and the net quantity to be delivery delivered by Gatherer at each specified Delivery Point(s) for the Day(s) Gathering Service is requested). The total gross Receipt Point(s) nominations less the FL&U must equal the equivalent Total Thermal Energy Content of the net Delivery Point(s) nominations. If a predetermined allocation method is relied upon Include in the nomination the gross quantity of Low Btu Gas in Mcf’s and MMBtu’s to be received by Shipper for its Gatherer at each specified Receipt Point(s), the quantity to be redelivered by Gatherer at the Plant Delivery Point, less FL&U; and the quantity of Shipper’s Residue Gas in Mcf’s and MMBtu’s to be delivered by Gatherer from the Plant Delivery Point and redelivered, less FL&U, to the Delivery Point(s). The gross Receipt Point(s) nominations less the FL&U must equal the net Delivery Point(s) nominations. It is the intent of the Parties with respect to Low Btu Gas that daily nominations at the Delivery Point(s) shall equal ninety-eight percent (98%) of daily receipts of Shipper’s Low Btu Gas at the Receipt Point(s), then Shipper less FL&U, after giving effect to processing at the Plant. If daily receipts of Shipper’s Low Btu Gas, less FL&U, do not equal 98% of confirmed daily delivery nominations at the Delivery Point(s), an Imbalance is created. Gatherer shall so indicate in its nomination. c. If Gatherer does not have the capacity right to accept and/or deliver the requested quantities reduce, increase, or modify nominations to bring Shipper into Balance. However, due to variations in operating conditions, daily and monthly nominations may be greater or less than corresponding receipts of Shipper’s Low Btu Gas, less FL&U. Gatherer and Shipper agree that any excess or deficiency between such Shipper’s Low Btu Gas beyond Shipper's MDQ the following Dayreceipts, Gatherer shall provide such notice to Shipper via facsimile or via electronic mail by five o'clock p.m.less FL&U, Central Standard Time. d. For service to begin on the firstand nominations, second or third Day of the Month, nominations must be submitted to Gatherer by ten o'clock a.m., Central Standard Time, by facsimile or via electronic mail four (4) working Days prior to the first Day of the Month. Shipper confirmations shall be sent out at the beginning of the Month adjusted or corrected per Article IX. Provide a unique numeric ranking for all Receipt Points. Provide any required downstream contract identifier and then only when a change in nomination(s) occurs. Shipper has the option of receiving the confirmation by facsimile or via electronic mail. e. Provide the associated contract numbers priority for the downstream parties, contracts if known. f. Nominate to no there is more than one (1) Delivery Point per nomination per line itemcontract. Transactions to which different rates, if any, apply shall also be nominated separately. 7.02 If on On any Gas Day when Capacity on Gatherer's systems is restricted, Gatherer may schedule the available Capacity as Gatherer elects in its sole discretion. All firm volumes will be allocated on a pro-rata basis based upon confirmed nominations. ARTICLE VIII.

Nominations and Scheduling. 7.01 Each Gas Day under this Agreement, Shipper shall submit receipt and delivery nominations of Gas, ,and Gatherer shall confirm such nominations, according to the nomination provisions set forth below. Shipper shall: a. Nominate : For Gathering Service to begin on the first Gas Day of the Month, submit nominations to Gatherer by eleven o'clock a.m. Central Clock Time by facsimile or via electronic mail by posting on other Electronic Media, as directed by Gatherer, at least twenty-four two (242)four (4) hours before ten o'clock a.m., Central Standard Time, Business Days prior to the first day of the Month. For Gathering Service on all other Days of the Month, submit nominations to Gatherer by eleven o’clock a.m. Central Clock Time by facsimile or by posting on other Electronic Media, as directed by Gatherer, at least one (1) Business Day on which Shipper desires Gathering Servicesprior to the Day Gas is to flow. Gatherer shall have no obligation to gather Gas for Shipper under this Agreement if Shipper's notice (nomination) is not received timely. Nominations for mid-month changes will be taken by exception only, submitting only those records that are being revised. Additionally, nominations will be taken Monday through Friday eight o'clock a.m. until five o'clock p.m., Central Standard Time with weekend changes only being accepted when the interconnecting pipeline has a change in the mainline nomination. b. Include in the nomination the gross quantity of Gas in MMBtu’s to be received by Gatherer including Shipper's Total Thermal Energy Content, and FL&U reimbursement quantities at each specified Receipt Point(s), and the net quantity to be delivery delivered by Gatherer at each specified Delivery Point(s) for the Day(s) Gathering Service is requested). The total gross Receipt Point(s) nominations less the FL&U must equal the equivalent Total Thermal Energy Content of the net Delivery Point(s) nominations. If Provide a predetermined allocation method unique numeric ranking for all Receipt Points. Provide any required downstream contract identifier and priority for downstream contracts if there is relied upon by Shipper for its Delivery Point(s) nominations, then Shipper shall so indicate in its nomination. c. If Gatherer does not have the capacity to accept and/or deliver the requested quantities of Gas beyond Shipper's MDQ the following Day, Gatherer shall provide such notice to Shipper via facsimile or via electronic mail by five o'clock p.m., Central Standard Time. d. For service to begin on the first, second or third Day of the Month, nominations must be submitted to Gatherer by ten o'clock a.m., Central Standard Time, by facsimile or via electronic mail four (4) working Days prior to the first Day of the Month. Shipper confirmations shall be sent out at the beginning of the Month and then only when a change in nomination(s) occurs. Shipper has the option of receiving the confirmation by facsimile or via electronic mail. e. Provide the associated contract numbers for the downstream parties, if known. f. Nominate to no more than one (1) Delivery Point per nomination per line itemcontract. Transactions to which different rates, if any, apply shall also be nominated separately. 7.02 If on On any Gas Day when Capacity on Gatherer's systems is restricted, Gatherer may schedule the available Capacity as Gatherer elects in its sole discretion.Each Gas Day under this Agreement, Gatherer shall confirm to Shipper the nominations of Gas that Gatherer will accept for Gathering on an interruptible basis (the “Scheduled Volume”), according to the nomination provisions set forth below. All firm volumes Gatherer shall: For Gathering Service to begin on the first Gas Day of the Month, confirm nominations to Shiper that Gatherer will be allocated accept by 4:00 p.m. Central Clock Time by facsimile or by posting on a pro-rata basis based upon confirmed nominationsother Electronic Media, at least two (2) Business Days prior to the first day of the Month. ARTICLE VIIIFor Gathering Service on all other Days of the Month, confirm nominations to Shipper that Gatherer will accept by 4:00 p.m. Central Clock Time by facsimile or by posting on other Electronic Media, at least one (1) Business Day prior to the Day Gas is to flow.

Nominations and Scheduling. 7.01 Each Gas Day under this Agreement, Shipper shall submit receipt and delivery nominations of Gas, and Gatherer shall confirm such nominations, according to the nomination provisions set forth below. Shipper shall: a. Nominate to Gatherer by facsimile or via electronic mail at least twenty-four No later than five (245) hours before ten o'clock a.m., Central Standard Time, of the Day on which Shipper desires Gathering Services. Gatherer shall have no obligation to gather Gas for Shipper under this Agreement if Shipper's notice (nomination) is not received timely. Nominations for mid-month changes will be taken by exception only, submitting only those records that are being revised. Additionally, nominations will be taken Monday through Friday eight o'clock a.m. until five o'clock p.m., Central Standard Time with weekend changes only being accepted when the interconnecting pipeline has a change in the mainline nomination. b. Include in the nomination the quantity of Gas to be received by Gatherer including Shipper's Total Thermal Energy Content, and FL&U reimbursement quantities at each specified Receipt Point(s), and the quantity to be delivery by Gatherer at each specified Delivery Point(s) for the Day(s) Gathering Service is requested. The total Receipt Point(s) nominations less FL&U must equal the equivalent Total Thermal Energy Content of the Delivery Point(s) nominations. If a predetermined allocation method is relied upon by Shipper for its Delivery Point(s) nominations, then Shipper shall so indicate in its nomination. c. If Gatherer does not have the capacity to accept and/or deliver the requested quantities of Gas beyond Shipper's MDQ the following Day, Gatherer shall provide such notice to Shipper via facsimile or via electronic mail by five o'clock p.m., Central Standard Time. d. For service to begin on the first, second or third Day of the Month, nominations must be submitted to Gatherer by ten o'clock a.m., Central Standard Time, by facsimile or via electronic mail four (4) working Business Days prior to the first end of each month during the Term, Shipper shall deliver, or cause to be delivered, to Gatherer written notice containing (a) Shipper’s estimate of the quantity of Dedicated Gas, in Mcf and MMBtu, to be made available hereunder at each Receipt Point on each Day of the Monthnext succeeding month (“Receipt Nominations”) and (b) Shipper’s estimate of the quantity of Gas, in MMBtu, that Shipper desires Gatherer to deliver at each Delivery Point and each Reinjection Point on each Day of the next succeeding Month (“Delivery Nominations”). Shipper confirmations shall also be sent out responsible for making, or causing to be made, all necessary arrangements with the Downstream Pipelines in order to effectuate Gatherer’s delivery of Gas at the beginning Delivery Points. Shipper shall coordinate such arrangements with Gatherer. Shipper shall keep Gatherer informed as necessary during the month of production of material changes in the Receipt Nominations and the corresponding changes in the Delivery Nominations. Gatherer shall receive at the Receipt Points and deliver at the Delivery Points and Reinjection Points all Gas gathered under this Agreement on a pro rata basis unless Shipper’s Receipt Nominations or Delivery Nominations for the relevant month specify a priority among Receipt Points, Delivery Points, or Reinjection Points, as applicable, in which Shipper’s receipts or deliveries of Gas should be scheduled, in which case Gatherer shall use reasonable commercial efforts to receive and deliver Gas according to Shipper’s specified priorities. All Delivery Nominations shall conform, in form and substance, to the nomination requirements of the Month Downstream Pipeline to which they are directed. All Receipt Nominations and then only when a change in nomination(s) occurs. Delivery Nominations may be submitted by Shipper has the option of receiving the confirmation by facsimile or via electronic mailelectronically in any manner consistent with the requirements of the relevant Downstream Pipelines. e. Provide the associated contract numbers for the downstream parties, if known. f. Nominate to no more than one (1) Delivery Point per nomination per line item. Transactions to which different rates, if any, apply shall also be nominated separately. 7.02 If on any Gas Day Capacity on Gatherer's systems is restricted, Gatherer may schedule the available Capacity as Gatherer elects in its sole discretion. All firm volumes will be allocated on a pro-rata basis based upon confirmed nominations. ARTICLE VIII

Nominations and Scheduling. 7.01 Each Gas Day under this Agreement, Shipper shall submit receipt and delivery nominations of Gas, and Gatherer shall confirm such nominations, according to the nomination provisions set forth below. Shipper shall: a. Nominate to Gatherer by facsimile or via electronic mail at least twenty-four No later than five (245) hours before ten o'clock a.m., Central Standard Time, of the Day on which Shipper desires Gathering Services. Gatherer shall have no obligation to gather Gas for Shipper under this Agreement if Shipper's notice (nomination) is not received timely. Nominations for mid-month changes will be taken by exception only, submitting only those records that are being revised. Additionally, nominations will be taken Monday through Friday eight o'clock a.m. until five o'clock p.m., Central Standard Time with weekend changes only being accepted when the interconnecting pipeline has a change in the mainline nomination. b. Include in the nomination the quantity of Gas to be received by Gatherer including Shipper's Total Thermal Energy Content, and FL&U reimbursement quantities at each specified Receipt Point(s), and the quantity to be delivery by Gatherer at each specified Delivery Point(s) for the Day(s) Gathering Service is requested. The total Receipt Point(s) nominations less FL&U must equal the equivalent Total Thermal Energy Content of the Delivery Point(s) nominations. If a predetermined allocation method is relied upon by Shipper for its Delivery Point(s) nominations, then Shipper shall so indicate in its nomination. c. If Gatherer does not have the capacity to accept and/or deliver the requested quantities of Gas beyond Shipper's MDQ the following Day, Gatherer shall provide such notice to Shipper via facsimile or via electronic mail by five o'clock p.m., Central Standard Time. d. For service to begin on the first, second or third Day of the Month, nominations must be submitted to Gatherer by ten o'clock a.m., Central Standard Time, by facsimile or via electronic mail four (4) working Business Days prior to the first end of each month during the Term, Shipper shall deliver, or cause to be delivered, to Gatherer written notice containing (a) Shipper’s estimate of the quantity of Dedicated Gas, in Mcf and MMBtu, to be made available hereunder at each Receipt Point on each Day of the Monthnext succeeding month (“Receipt - 6 - Nominations”) and (b) Shipper’s estimate of the quantity of Gas, in MMBtu, that Shipper desires Gatherer to deliver at each Delivery Point and each Reinjection Point on each Day of the next succeeding Month (“Delivery Nominations”). Shipper confirmations shall also be sent out responsible for making, or causing to be made, all necessary arrangements with the Downstream Pipelines in order to effectuate Gatherer’s delivery of Gas at the beginning Delivery Points. Shipper shall coordinate such arrangements with Gatherer. Shipper shall keep Gatherer informed as necessary during the month of production of material changes in the Receipt Nominations and the corresponding changes in the Delivery Nominations. Gatherer shall receive at the Receipt Points and deliver at the Delivery Points and Reinjection Points all Gas gathered under this Agreement on a pro rata basis unless Shipper’s Receipt Nominations or Delivery Nominations for the relevant month specify a priority among Receipt Points, Delivery Points, or Reinjection Points, as applicable, in which Shipper’s receipts or deliveries of Gas should be scheduled, in which case Gatherer shall use reasonable commercial efforts to receive and deliver Gas according to Shipper’s specified priorities. All Delivery Nominations shall conform, in form and substance, to the nomination requirements of the Month Downstream Pipeline to which they are directed. All Receipt Nominations and then only when a change in nomination(s) occurs. Delivery Nominations may be submitted by Shipper has the option of receiving the confirmation by facsimile or via electronic mailelectronically in any manner consistent with the requirements of the relevant Downstream Pipelines. e. Provide the associated contract numbers for the downstream parties, if known. f. Nominate to no more than one (1) Delivery Point per nomination per line item. Transactions to which different rates, if any, apply shall also be nominated separately. 7.02 If on any Gas Day Capacity on Gatherer's systems is restricted, Gatherer may schedule the available Capacity as Gatherer elects in its sole discretion. All firm volumes will be allocated on a pro-rata basis based upon confirmed nominations. ARTICLE VIII

Nominations and Scheduling. 7.01 Each Gas Day under this Agreement(a) No later than the 24th of a month, Shipper Premcor shall submit receipt notify MSCG in writing via facsimile of its Crude Oil requirements for the following month (the "Delivery Month"), specifying its anticipated Crude Oil requirements by volume and delivery nominations of Gaspipeline batch, on a ratable basis. (b) MSCG shall schedule Premcor's nominated shipments with the relevant Pipeline System at the Origin Point, and Gatherer shall confirm such provide Premcor with a confirmation of the scheduled shipment once received from the Pipeline System. Premcor immediately shall notify MSCG if it requires that MSCG reschedule any changes in accepted nominations, according and shall be liable for any costs associated therewith. MSCG shall not be responsible if a Pipeline System is unable to accept Premcor's nomination or if the Pipeline System must allocate Crude Oil among its shippers. (c) Premcor shall ensure that MSCG is able to utilize Premcor's transportation option with Unocal in the Mesa Pipeline System. (d) Buy/Sell Confirmations. Promptly following receipt of a Pipeline System's written confirmation of all shipments scheduled for delivery to the nomination provisions set forth below. Shipper shall: a. Nominate Refinery in a Delivery Month, MSCG shall send Premcor a written confirmation ("Confirmation") memorializing the terms of each Buy/Sell Transaction that is scheduled to Gatherer occur within the Delivery Month, including, for each shipment, the Origin Point and Delivery Point, the designed quantity, the delivery period, the price at which MSCG will purchase the Buy/Sell Oil from Premcor, the price at which MSCG will sell the Buy/Sell Oil to Premcor and any costs associated with the Buy/Sell Oil, including Pipeline gains and losses covered by facsimile or via electronic mail at least twenty-four (24) hours before ten o'clock a.m.Section 4.5, Central Standard Timethe Throughput and Service Fee, of the Day on which Shipper desires Gathering Services. Gatherer shall have no obligation to gather Gas for Shipper under this Agreement if Shipper's notice (nomination) is not received timely. Nominations for mid-month changes will be taken by exception onlystorage fees, submitting only those records that are being revised. Additionally, nominations will be taken Monday through Friday eight o'clock a.m. until five o'clock p.m., Central Standard Time with weekend changes only being accepted when the interconnecting Taxes and pipeline has a change in the mainline nomination. b. Include in the nomination the quantity of Gas to be received by Gatherer including Shipper's Total Thermal Energy Content, differentials and FL&U reimbursement quantities at each specified Receipt Point(s), and the quantity to be delivery by Gatherer at each specified Delivery Point(s) for the Day(s) Gathering Service is requestedtariffs. The total Receipt Point(s) nominations less FL&U must equal the equivalent Total Thermal Energy Content terms of the Delivery Point(s) nominations. If a predetermined allocation method is relied upon by Shipper for its Delivery Point(s) nominations, then Shipper shall so indicate in its nomination. c. If Gatherer does not have the capacity to accept and/or deliver the requested quantities of Gas beyond ShipperMSCG's MDQ the following Day, Gatherer shall provide such notice to Shipper via facsimile or via electronic mail by five o'clock p.m., Central Standard Time. d. For service to begin on the first, second or third Day of the Month, nominations must be submitted to Gatherer by ten o'clock a.m., Central Standard Time, by facsimile or via electronic mail four (4) working Days prior to the first Day of the Month. Shipper confirmations Confirmation shall be sent out at the beginning of the Month deemed conclusive and then only when a change in nomination(s) occurs. Shipper has the option of receiving the confirmation by facsimile or via electronic mail. e. Provide the associated contract numbers for the downstream partiesbinding if, if known. f. Nominate to no more than within one (1) Delivery Point per nomination per line item. Transactions Business Day from receipt of the Confirmation, Premcor does not respond or fails to which different rates, if any, apply shall also be nominated separatelynotify MSCG by facsimile of any objections. 7.02 If on any Gas Day Capacity on Gatherer's systems is restricted(e) MSCG shall provide Premcor with copies of all inventory reports, Gatherer may schedule the available Capacity as Gatherer elects in its sole discretion. All firm volumes will be allocated on a pro-rata basis based upon confirmed nominations. ARTICLE VIIIpipeline tickets and other appropriate documentation regarding Buy/Sell Transactions that it receives from each Pipeline System.