Common use of Quantity Clause in Contracts

Quantity. 2.1 Subject to the other terms and provisions hereof, Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject to a) As noted above in Section 3.2(a) above, the other terms and provisions hereofBuyers shall purchase from Seller [ * * * ] of their requirements for the PET Products for those of Buyers’ filling locations (plants) set out in Schedule B. b) On its part, Seller shall sell make available for sale to the Buyers a quantity of Containers up to [ * * * ], and deliverPreforms up to [ * * * ], of the lower of the applicable Annual Forecast or mutually agreed Revised Forecast, by package, size, and Period as so noted in the applicable Annual or mutually agreed Revised Forecast. Seller shall use its commercially reasonable efforts to supply any amounts of Containers in excess of [ * * * ], and Preforms in excess of [ * * * ], of the Annual Forecast or mutually [ * * * ] Confidential treatment requested. Supply Agreement CONFIDENTIAL agreed Revised Forecast requirements by Container and Preform by package size and Period. To the extent that the Seller is unable to supply any portion of these excess quantities, Buyer shall have the right to source such Containers and Preforms from alternate sources at Buyers’ expense during the Period in which Seller cannot so supply. Any PET Products purchased from alternate sources as a result of Seller’s inability to supply Containers up to [ * * * ], and Preforms up to [ * * * ], of the lower of the applicable Annual Forecast or mutually agreed Revised Forecast, will be credited against the then Annual Forecast or mutually agreed Revised Forecast and considered as PET Products supplied by Seller for the purpose of the Buyers’ purchase obligation under this Agreement. Buyers shall receive no credit against the then Annual or mutually agreed Revised Forecast for PET Products purchased from alternate sources for (i) the quantity exceeding Containers up to [ * * * ], and Preforms up to [ * * * ] of the lower of the applicable Annual Forecast or mutually agreed Revised Forecast., and (ii) the quantity Seller may have agreed to cede to an alternate supplier as part of the Annual or Revised Forecast review and confirmation process. In recognition of the fact that Buyers’ different PET Products have different demand volatility, the parties may, subject to written mutual consent, allow exceptions to the above [ * * * ] and [ * * * ] requirements for specific PET Products for specific time periods. c) Should PCAM’s Annual Forecast or Revised Forecast exceed the Schedule B estimated volume during any Contract Year, PCAM may opt to amend Schedule B by removing some locations and/or PET Product volumes and replace such items with PET Product volumes from a new Buyer filling location(s) of equivalent or higher volume, and with materially similar economic value to Seller. Such removal and replacement shall not materially alter the [ * * * ] sold to the Buyers. Seller’s acceptance of such removal and replacement will not be unreasonably withheld, delayed, or cause conditioned. 4.2 It is anticipated that Seller will supply PET Products from its manufacturing facilities (source) specified in Schedule B to the corresponding Buyers’ filling locations in the quantity and mix also specified in Schedule B, or an updated Schedule B as agreed to by the parties. However, all PET Products purchased by Buyers from Seller during a Contract Year for these locations will be delivered credited towards the Annual Forecast or mutually agreed Revised Forecast. (a) Any changes in Seller’s manufacturing facilities specified in Schedule B to a Buyer’s corresponding identified filling location as listed in Schedule B will be by mutual agreement of the parties; provided, however, that each party’s agreement will not be unreasonably withheld, delayed, or conditioned. However, a material change in Seller’s economic value or a Buyer’s cost to procure the subject or affected supply would be reason to withhold such agreement. [ * * * ] Confidential treatment requested. Supply Agreement CONFIDENTIAL (b) Any changes in the Buyers’ filling locations as listed in Schedule B will be by mutual agreement of both parties; provided, however, that Seller’s agreement will not be unreasonably withheld, delayed, or conditioned. However, a material change in Seller’s economic value or Buyer’s cost to procure the subject or impacted supply would be reason to withhold agreement. (c) In the event a Buyer intends to convert Container requirements to Preform requirements during the Term, PCAM shall notify Seller of such intent as soon as commercially reasonable. Upon such conversion of Container requirements to Preform requirements, Seller shall have the right to supply such Preforms at the Point(sContract Prices. In the event Seller closes a production location due to a Buyer’s conversion from Container requirements to Preform requirements, [ * * * ]. (d) In the event of Delivery hereundersuch Container requirement changes due to Buyer plant closure or consolidation, and Buyer shall buy one hundred percent use commercially reasonable efforts to cause Seller to retain, recover or replace such Container volume. (100%e) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than acquires a Seller customer, Seller shall [ * * * ] during the Minimum Daily Quantity on Term, and any day, the difference between the quantity of residue gas actually received by Buyer on change in pricing for such day and the Minimum Daily Quantity volume shall be deemed "Excess Gas[ * * * ] following the closing date of the acquisition." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 6.1 Subject to the other terms Gathering System and provisions hereofPlant capacity, Seller Gatherer shall sell gather and deliver, or cause Processor shall process that volume of Gas legally allowed to be delivered produced which is attributable to Buyerthe interest owned or controlled by Producer or its successors and assigns in w▇▇▇▇ drilled on lands within the Contract Area or lands pooled therewith; provided, after processing, Producer or Producer’s nominee will accept the Residue Gas. Processor shall regulate the flow of gas at the Point(s) Plant in the quantities and at the times desired by Processor to prudently operate the Plant and/or to meet the fluctuating condition of Delivery hereunderProcessor’s and Producer’s markets. Gatherer or Processor may, from time to time, find it necessary to shut off entirely or restrict the flow of gas to the Gathering System or Plant, respectively; notwithstanding anything herein to the contrary, in such event, neither Gatherer nor Processor shall be liable to Producer for the resulting effect thereof. Gatherer and Buyer Processor shall buy one hundred percent provide Producer prior notice of any shut down due to routine maintenance and shall prudently work to minimize the amount of such downtime. 6.2 Producer shall nominate to Gatherer in writing, not less than three (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th3) business day Days prior to the first day of each monthMonth during the term of the Agreement, Seller will the daily quantity of Gas (expressed in MCF’s and MMBTU’s) that Producer shall deliver to Gatherer at the Gathering System Delivery Point(s) for gathering during such Month. Producer shall also nominate to Buyer Processor in writing, not less than three (3) business Days prior to the first day of each Month during the term of the Agreement, the daily quantity of residue Residue Gas (expressed in MCF’s and MMBTU’s) that Producer or Producer’s nominee shall receive at the Residue Gas Delivery Point(s) following processing at the Plant. 6.3 Gatherer, Processor, and Producer shall designate a dispatcher(s) who shall be continuously on call for nomination purposes, and shall notify each other in writing of such dispatcher(s) and their telephone number(s). 6.4 Producer’s dispatcher shall notify Gatherer’s and Processor’s dispatchers in advance of any anticipated decrease in delivery rate below the daily nominated quantity. Producer’s dispatcher must obtain the prior written approval from Gatherer’s and Processor’s dispatchers for any delivery rate in excess of the daily quantity rate. Gatherer’s and Processor’s dispatcher shall notify Producer’s dispatcher of any anticipated inability to receive the Gas at a delivery rate less than (a) the daily nominated quantity rate; or (b) a previously orally authorized delivery rate in excess of the daily nominated quantity rate. 6.5 If insufficient Plant or pipeline capacity exists to process all the Gas, the Plant processing capacity will be prorated for all gas available dedicated to the Plant , without undue discrimination, and the Gas unable to be tendered for delivery processed will be bypassed ratably, if allowed. 6.6 Processor shall have the right, but not the obligation, to Buyer expand the Plant or build a new gas processing plant at the Point of Delivery each day during a different location, and in such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any dayevent, the difference between the quantity of residue gas actually received Gas, or a portion thereof, may be processed by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included Processor in the nominations for such month as set forth above, then for expanded Plant or the remainder new gas processing plant in accordance with the terms of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderthis Agreement. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject (a) The quantities to be sold and delivered at each point of delivery specified in the applicable Special Provisions (the “Point of Delivery”) during each month or other specified delivery period shall conform to those set forth in the Special Provisions of the applicable Contract. If the Special Provisions set forth a range of quantities, then the deliveries shall be within the minimum and maximum volumes within such range. Quantities made available by Seller but not purchased by Buyer may not be carried forward without ▇▇▇▇▇▇’s written consent. Except as may be required by law, Seller has no obligation whatsoever to sell or deliver to Buyer any quantities in excess of the monthly quantity specifically set forth in a Contract, regardless of whether quantities in excess of such quantities may have been sold and delivered in any preceding month or months. At any time during the term of a Contract, Seller and Buyer may mutually elect to sell and purchase additional quantities in accordance with and subject to the other terms and provisions hereofconditions contained in the Contract, by supplementing the Contract as to such quantities. (b) Seller may impose allocation of any Products where Seller determines, in good faith and at its sole election, that such allocation is required by applicable law, regulation, governmental authority, or due to a Force Majeure Event. Seller shall sell and deliverprovide Buyer prior written notice prior to any such allocation. Seller shall have no obligation to make up any shortage resulting from an allocation hereunder. Furthermore, this Contract shall not be construed in any way to require Seller to purchase Product or cause transfer Product from another refinery to be delivered supply any or all of the contract volume hereunder. (c) If Seller plans to cease producing or processing Product at Seller’s facility(ies) supplying the Contract, then Seller may, with ninety (90) days prior notice to Buyer, at without liability, cease supplying such Product under the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and Contract to the extent thatSeller is unable to supply such Product, for any reason, as a result of such cessation, and Seller sells may terminate the Contract; provided, however, that during such ninety (90) day period Seller shall use commercially reasonable efforts to procure all Product volumes previously nominated by ▇▇▇▇▇, in accordance with terms of this agreement, including pricing and delivers to Buyer at the Point(spoints of delivery. (d) of Delivery during any month residue gas produced from ▇▇▇▇▇ expressly agrees and accepts that were newly connected and not in case of a reduction in the total supply of Product available to the Seller directly or indirectly due to Force Majeure or acts of any governmental authority or by a group of oil producing nations or by the effect of any Applicable Laws, Seller may first satisfy its needs and those of its affiliates before allocating any remaining available supply of Product. Under no circumstances whatsoever, shall Seller be included in the nominations for such month as set forth above, then for the remainder required to purchase additional quantities of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor Product to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination fulfill contractual requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer Should Seller so purchase additional Product from other sources, it shall not be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andrequired to allocate such Product to Buyer.

Quantity. 2.1 1.1 Subject to the other terms provisions of this Agreement and provisions hereofof WNG's Rate Schedule TSS, Seller WNG agrees to receive such quantities of natural gas as Shipper may cause to be tendered to WNG at the Primary Receipt Point(s) designated on Exhibit A which are selected from WNG's Master Receipt Point List, as revised from time to time, for transportation and storage on a firm basis; provided, however, that in no event shall sell WNG be obligated to receive on any day in excess of the Maximum Daily Quantity (MDQ) for each Primary Receipt Point or of the Maximum Daily Transportation Quantity (MDTQ) for all Primary Receipt Points within any area, all as set forth on Exhibit A. 1.2 WNG agrees to deliver and deliver, Shipper agrees to accept (or cause to be delivered to Buyer, accepted) at the Primary Delivery Point(s) taken from the Master Delivery Point List and designated on Exhibit B a quantity of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue natural gas available for delivery, each day. On or before the sixth (6th) business day prior thermally equivalent to the first quantity received by WNG for transportation and withdrawn from storage as provided in Article 1.3 hereunder less appropriate reductions for fuel and loss as provided in WNG's Rate Schedule TSS; provided, however, that WNG shall not be obligated to deliver on any day quantities in excess of the MDQ for each monthPrimary Delivery Point or in excess of the MDTQ within any area for all Primary Delivery Points, Seller will nominate all as set forth on Exhibit B. 1.3 Subject to Buyer the quantity provisions of residue this Agreement and of WNG's Rate Schedule TSS, WNG agrees to (a) inject and store such quantities of natural gas available up to the Maximum Storage Quantity (MSQ) and the Maximum Daily Injection Quantity (MDIQ) as Shipper may cause to be tendered to WNG for delivery injection into storage, less appropriate reductions for fuel and loss, and (b) withdraw such quantities of natural gas up to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue Shipper's gas actually received by Buyer on such day in storage and the Minimum Maximum Daily Withdrawal Quantity shall be deemed "Excess Gas(MDWQ) reflected on Exhibit C, all on a firm basis." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject Section 3.1 is amended to add the other terms and provisions hereof, following sentence: “Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of receive, the Contract Quantity each Day on a Firm basis. Seller's ’s Gas and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to Existing Contracts Volume shall be tendered for delivery delivered to Buyer at the Point of Delivery each day during such month (Receipt Points for gathering on the "Nominated Quantity"). The Nominated Quantity for any monthGathering System, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity Seller’s Gas shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to purchased by Buyer at the Point(s) Delivery Points, all as set forth herein. The Existing Contracts Volume shall be gathered, but not purchased, by Buyer hereunder. For purposes of Delivery during clarity, the Contract Quantity shall include only Gas volumes attributable to the Committed Reserves and the Existing Contracts and Seller shall not deliver, and Buyer shall have no obligation to receive hereunder, any month residue gas Gas volumes produced from or owned by third parties, other than Gas produced by Seller and its Affiliates in ▇▇▇▇▇ that were newly connected located on the lands described in Exhibit A and not available to be included in the nominations for such month as set forth aboveExisting Contracts Volume, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ which shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify gathered, but not purchased, by Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall never be responsible obligated to receive on any Day volumes of Gas hereunder in excess of 30,000 Mcf’s per Day, as such maximum volume is allocated to each Receipt Point as shown in Exhibit B, except that Seller, prior to the second anniversary of the Effective Date, shall have the right to deliver volumes to the Fonde Receipt Point in excess of the maximum volume shown in Exhibit B for such Receipt Point up to the lower of (x) the maximum available receipt capacity at such Fonde Receipt Point, or (y) a volume that when added to all regulatory filings volumes delivered by Seller at all Receipt Points does not exceed 30,000 Mcf’s per Day, by written notice to Buyer. If Seller elects to deliver such additional volumes to the Fonde Receipt Point, then Seller shall reduce (but not increase) the volumes delivered at one or more of the other Receipt Points so that the total volumes delivered hereunder never exceed 30,000 Mcf’s per Day. Any such election by Seller shall remain in effect until the second anniversary of the Effective Date and, for the term of the Contract, unless, prior to the second anniversary of the Effective Date, Seller notifies Buyer of any additional increase (but not decrease) in the volumes to be delivered to the Fonde Receipt Point (up to 30,000 Mcf’s per Day), and all coordination and nomination requirements the corresponding reductions in the volumes delivered at one or more of downstream pipelines and third party purchasers and transporters utilized the other Receipt Points necessary to cause the total volumes delivered hereunder to never exceed 30,000 Mcf’s per Day. Such final election by Buyer hereunder, andSeller shall remain in effect for the remaining term of this Agreement.” 3.

Quantity. 2.1 Subject to Article II, Quantity, Section 2.7 COAL SYNFUEL QUANTITY, is added and reads as follows: "During the other terms and provisions hereofTerm, Seller any quantity of coal synfuel purchased by Buyer from SSO under the Spot Coal Synfuel Supply Agreement shall sell and deliver, or cause reduce the Quantity of Pattiki Type Coal from Dotiki to be delivered to Buyersupplied under this Agreement, at by an equal amount of tonnage." INDEPENDENT RELATIONSHIP OF AGREEMENT TO SPOT COAL SYNFUEL SUPPLY AGREEMENT 2.2 Article XXIV, INDEPENDENT RELATIONSHIP OF AGREEMENT TO SPOT COAL SYNFUEL SUPPLY AGREEMENT, Section 24.1 is added and reads as follows: "Except for the Point(s) tonnage reduction provision set forth under Section 2.7 herein above, all obligations between Buyer and Seller set forth in the Agreement shall continue through its Term. If Buyer reduces and/or suspends its purchases of Delivery hereundercoal synfuel under the Spot Coal Synfuel Supply Agreement and/or either Buyer or SSO terminates the Spot Coal Synfuel Supply Agreement for any reason, the Agreement shall remain in full force and effect and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible obligated to continue their performance as required herein through the Term of the Agreement. In no event shall nonperformance or breach by Buyer or SSO under provisions of the Spot Coal Synfuel Supply Agreement be a basis for all regulatory filingsBuyer or Seller to claim nonperformance or breach or grant a right of offset, counter claim or cancellation of the Agreement, and all coordination the Agreement shall continue in full force and nomination requirements effect with the remaining obligations for the purchase of upstream pipelines and third party suppliers utilized quantities of coal to be the Quantity set forth in Article II during any contract year reduced by Seller hereunder. the amount of coal synfuel delivered by SSO to Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andduring such contract year."

Quantity. 2.1 Subject (a) During each Contract Year, Buyer is obligated to the other terms purchase and provisions hereofreceive from Seller, and Seller shall is obligated to sell and deliver, or cause to be delivered deliver to Buyer, the Offtake Amount at the Point(sprice established herein. (b) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer If at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇ ▇▇▇▇▇▇ that were newly connected and not available reasonably believes it will be unable to be included supply the Offtake Amount in a given Contract Year (a “Shortfall”), it shall promptly notify Buyer in writing (a “Shortfall Notice”) of the nominations for such month as set forth above, then for amount of expected shortfall (the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof“Shortfall Amount”). Seller shall endeavor use good faith commercially reasonable efforts to notify Buyer prior cure the cause of any Shortfall. If Seller is unable to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller cure such Shortfall during the Shortfall Cure Period, then (i) Buyer’s obligation to purchase the Offtake Amount during the Contract Year when the Shortfall occurred shall be responsible for all regulatory filingsreduced by the Shortfall Amount, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. (ii) provided that such Shortfall does not result from a Force Majeure event, Buyer shall be responsible entitled to compensation (“Shortfall Compensation”) from Seller, in an amount not to exceed the Price of the Shortfall Amount and subject to the exclusion of consequential damages provisions set forth in Section 8.3, for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized direct costs incurred by Buyer hereundercaused by Seller’s failure to deliver the Shortfall Amount; provided that Buyer will use commercially reasonable efforts to alleviate or mitigate any such costs relating to the Shortfall Amount and will provide Seller with an accounting and brief description of any of the costs it claims to have incurred in connection therewith. As used herein, and“Shortfall Cure Period” means a period equal to [***] days on the Start Date, with a target to reduce such period to [***] days in a linear manner by the end of the Ramp-Up Period, where “Ramp-Up Period” means the period from the Start Date through the earlier of (i) the date the Plant is producing at the demonstrated nameplate capacity run rate (one million dry tons of wood feed per year equivalent) for at least [***] consecutive days and (ii) three (3) months from the Start Date.

Quantity. Section 2.1 Subject to Buyer shall provide Seller 12 month’s written notice of the other terms date on which Product will be required, and provisions hereofSeller shall, within that 12 month period, complete the installation of Seller’s Meter(s). Upon completion of Seller’s Meter(s), Seller shall sell and deliver, or cause to be delivered deliver to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent purchase and receive from Seller, and pay for, the BPR subject to the terms and conditions hereof; provided, however, that Seller shall have no obligation to supply Product quantities in excess of the PCQ. Section 2.2 If Buyer’s Product Requirements at any time temporarily exceed the PCQ, Seller may sell Buyer As Available Product. Section 2.3 [***]. Section 2.4 [***]. Section 3.1 Seller warrants that, at the time of delivery (100%a) Product delivered to Buyer hereunder shall conform to the Specifications set out in Appendix 2 (“Specifications”); (b) Seller shall have good title to and the right to transfer the Product and that it is free of all liens, taxes and encumbrances; (c) that the manufacture or sale of the Product sold and delivered hereunder will not infringe any U.S. Patent, but Seller does not warrant against such infringement by reason of the use of the Product alone, or in combination with other goods, or in the operation of any process. THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OF THE PRODUCT OR ITS FITNESS FOR ANY PARTICULAR USE OR PURPOSE. Product which (a) conforms to Specifications is hereinafter sometimes referred to as “On-Spec Product”; and (b) does not conform to Specifications is sometimes hereinafter referred to as “Off-Spec Product.” Section 3.2 [***]. Buyer shall have the right, at its option and expense, to install pressure regulation equipment downstream from the Delivery Point; provided, however, that Buyer may not install pressure regulation equipment that interferes with the operation of Seller's and Seller's affiliates' residue gas available ’s Pipeline System. If Buyer has requirements for deliveryProduct at flow rates above the PCQ, each day. On or before Seller shall utilize reasonable efforts to maintain the sixth (6th) business day prior minimum pressure levels, but shall only be obligated to the first day minimum pressure specifications up to the PCQ. [***]. Section 3.3 Determination of each month, Seller will nominate to Buyer the quantity suitability of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity On-Spec Product or Off-Spec Product for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received use by Buyer on such day and is the Minimum Daily Quantity shall be deemed "Excess Gassole responsibility of Buyer. [***]." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from Section 3.4 ▇▇▇▇▇ that were newly connected and not available agrees to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected notify Seller promptly after ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor ▇’s discovery of its receipt of Off-Spec Product and Buyer may, at no cost to notify Buyer Buyer, refuse to receive it prior to any significant changes in Seller's deliveries its passing the Delivery Point. Buyer has the responsibility to comply with all relevant reporting obligations under the Emergency Planning and Community Right-to-Know Act of residue gas 1986, 42 U.S.C. Sections 11001-11049 (EPCRA, also commonly known as Title III of the Superfund Amendments and Reauthorization Act of 1986 [▇▇▇▇ Title III]) resulting from the presence of Product supplied hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject 6.1. The Parties acknowledge and agree that natural gas (including Gas) which is owned by Tokyo Gas is subject to the other terms Tokyo Gas Gathering and provisions hereof, Seller shall sell Processing Agreement and deliver, or cause to may be delivered to BuyerGatherer by Producer pursuant to a joint operating agreement between Producer and Tokyo Gas. 6.2. Subject to Gathering System and Plant capacity, Gatherer shall gather and Processor shall process that volume of the Subject Gas legally allowed to be produced from the interest owned or controlled by Producer or its successors and assigns in ▇▇▇▇▇ drilled on lands within the Contract Area or lands pooled therewith; provided, after processing, Producer or Producer's nominee will accept the Residue Gas. Processor shall regulate the flow of gas at the Point(s) Plant in the quantities and at the times desired by Processor to prudently operate the Plant and/or to meet the fluctuating condition of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of SellerProcessor's and SellerProducer's affiliates' residue markets. Gatherer or Processor may, from time to time, find it necessary to shut off entirely or restrict the flow of gas available to the Gathering System or Plant, respectively, including but not limited to as a result of routine maintenance and other planned outages, capacity constraints (subject to Section 6.6), compliance with laws or regulations, force majeure events (subject to Article XVIII), emergencies, or material adverse operational issues at the Facilities; notwithstanding anything herein to the contrary, in such event, neither Gatherer nor Processor shall be liable to Producer for deliverythe resulting effect thereof. Gatherer and Processor shall provide Producer prior notice of any shut down due to routine maintenance and other planned outages and shall prudently work to minimize the amount of such downtime. 6.3. Producer shall nominate to Gatherer in writing, each day. On or before the sixth not less than three (6th3) business day Days prior to the first day of each monthMonth during the term of the Agreement, Seller will the daily quantity of the Subject Gas and the natural gas owned by Tokyo Gas (expressed in MCF's and MMBtu's) that Producer shall deliver to Gatherer at the Gathering System Delivery Point(s) for gathering during such Month, either pursuant to this Agreement or the Tokyo Gas Gathering and Processing Agreement. The Parties acknowledge and agree that natural gas owned by Tokyo Gas and delivered to Gatherer by Producer shall, pursuant to Section 6.1, be gathered and processed by Gatherer and Processor pursuant to the Tokyo Gas Gathering and Processing Agreement. Producer shall also nominate to Buyer Processor in writing, not less than three (3) business Days prior to the first day of each Month during the term of the Agreement, the daily quantity of Residue Gas and residue gas available owned by another producer but controlled by Producer (expressed in MCF's and MMBtu's) that Producer or Producer's nominee shall receive at the Residue Gas Delivery Point(s) following processing at the Plant. 6.4. Gatherer, Processor, and Producer shall designate a dispatcher(s) who shall be continuously on call for nomination purposes, and shall notify each other in writing of such dispatcher(s) and their telephone number(s). 6.5. Producer's dispatcher shall notify Gatherer's and Processor's dispatchers in advance of any anticipated decrease in delivery rate below the daily nominated quantity. Producer's dispatcher must obtain the prior written approval from Gatherer's and Processor's dispatchers for any delivery rate in excess of the daily quantity rate. Gatherer's and Processor's dispatcher shall notify Producer's dispatcher of any anticipated inability to receive the Subject Gas at a delivery rate less than (a) the daily nominated quantity rate; or (b) a previously orally authorized delivery rate in excess of the daily nominated quantity rate. 6.6. If insufficient Plant or pipeline capacity exists to process all the Subject Gas, the Plant processing capacity will be prorated for all gas dedicated to the Plant, without undue discrimination; provided, however, during the time period during which Processor is unable to process all of the Subject Gas, Producer may dispose of the unprocessed Subject Gas as it sees fit and if such inability to process all of the Subject Gas continues for a period of sixty (60) consecutive days, extended day-for-day for the duration of events of force majeure affecting Processor’s performance, then the Subject Gas produced from the affected well(s) shall, at Producer’s election by written notice to Gatherer and/or Processor thirty (30) days' advance delivered prior to cessation of proration, no longer be Dedicated Properties hereunder or subject to this Agreement in any manner whatsoever. 6.7. Subject to Producer’s reservation in Section 3.1, Producer agrees that Processor has the exclusive right to process, or cause to be tendered for delivery processed, blend, or cause to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any daybe blended, the difference between Subject Gas for the quantity extraction of residue natural gas actually received by Buyer on such day liquids and other valuable components. Processor shall have the Minimum Daily Quantity shall be deemed "Excess Gas." Ifright, but not the obligation, to expand the Plant or build a new gas processing plant at a different location, and to in such event, the extent thatSubject Gas, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to or a portion thereof, may be included processed by Processor in the nominations for such month as set forth above, then for expanded Plant or the remainder new gas processing plant in accordance with the terms of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunderthis Agreement. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject (a) All grapes purchased by the Buyer to be vinted by the Joint Venture shall be purchased from Grower (or Grower's successor pursuant to Article XI of the Joint Venture Agreement) except as provided in section 2(c)(iii) below or otherwise provided in writing by the parties. (b) All grape purchase contracts with a vineyard other terms than Grower shall be terminated as soon as practicable and provisions hereof, Seller shall not be renewed or extended without the prior written consent of Grower. (c) Grower shall sell and deliver, or cause Buyer shall purchase grapes as hereinafter set forth: (i) The annual tonnage by varietal to be delivered purchased is as set forth on EXHIBIT A. (ii) In any year in which there is an excess crop of Chardonnay grapes in order to Buyerrelieve Grower of undue pressure caused by over supply, at Grower shall have the Point(s) of Delivery hereunderright to deliver, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for deliverypurchase, each day. On or before the sixth (6th) business day prior up to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called of the "Minimum Daily Quantity." annual tonnage stated for each varietal of grapes on EXHIBIT A. (iii) In the event that it appears that Grower's grape crop for any varietal is short and Grower will therefore be unable to deliver the stated annual tonnage for any of the varietal grapes as provided for under this Agreement and Buyer purchases more than notifies Grower of the Minimum Daily Quantity on any dayneed to cover the short fall, both Grower and Buyer shall have the difference between right to propose sources of grapes to cover the quantity anticipated short fall for that year's harvest. If Grower is proposing to provide the grapes to cover, Buyer has the right to a reasonable review and to reject the proposed purchase of residue gas actually received by grapes based upon quality, price or appellation. If Buyer on is proposing to source the grapes to cover, Buyer shall not contract to purchase such day grapes without the consultation and prior approval of Grower which may not be unreasonably withheld. All grapes purchased for the purpose of covering a short crop may be used in a blend and the Minimum Daily Quantity shall wine produced therefrom may be deemed "Excess Gas." If, and to sold under the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected Valley Vineyard brand provided it is lawful to do so and such sale shall not constitute a breach or violation of this Agreement, the Joint Venture Agreement, the Revised License Agreement between the parties dated as of December 23, 1996, or any other Agreement between the parties. (iv) No grapes purchased to cover a short fall may be processed at the Buyer's Winery if the grapes come from a region known or reasonably suspected to be infested with phylloxera, the glassy winged sharpshooteror other serious disease or pest although the juice from such grapes, if crushed at a facility other than the Winery may be used in a blend. (v) The obligation to Grower to use its best reasonable efforts to supply Buyer with grapes shall be subject to Grower's obligations to customers other than Buyer (as said customers may be replaced by new customers from time-to-time). By way of illustration and not available to be included limitation, should weather conditions or other circumstances limit the harvest in the nominations for such month as set forth aboveany one year, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ grapes sold to Buyer by Grower shall be deemed "Excess Gas" reduced pro rata based upon Buyer's share of the year's projected harvest, as determined in good faith by Grower. It is agreed that because of the fact that different customers of Grower may purchase grapes for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer delivery at different times during the harvest, any good faith allocation made by Grower of its harvest among its customers on or prior to any significant changes in Seller's deliveries September 1st of residue gas hereunder. 2.2 Seller each year, shall be responsible for all regulatory filings, binding and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andconclusive upon Buyer.

Quantity. 2.1 6.1 Subject to the other terms Gathering System and provisions hereofPlant capacity, Seller Gatherer shall sell gather and deliver, or cause Processor shall process that volume of Gas legally allowed to be delivered produced which is attributable to Buyerthe interest owned or controlled by Producer or its successors and assigns in ▇▇▇▇▇ drilled on lands within the Contract Area or lands pooled therewith; provided, after processing, Producer or Producer's nominee will accept the Residue Gas. Processor shall regulate the flow of gas at the Point(s) Plant in the quantities and at the times desired by Processor to prudently operate the Plant and/or to meet the fluctuating condition of Delivery hereunderProcessor’s and Producer’s markets. Gatherer or Processor may, from time to time, find it necessary to shut off entirely or restrict the flow of gas to the Gathering System or Plant, respectively; notwithstanding anything herein to the contrary, in such event, neither Gatherer nor Processor shall be liable to Producer for the resulting effect thereof. Gatherer and Buyer Processor shall buy one hundred percent provide Producer prior notice of any shut down due to routine maintenance and shall prudently work to minimize the amount of such downtime. 6.2 Producer shall nominate to Gatherer in writing, not less than three (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th3) business day Days prior to the first day of each monthMonth during the term of the Agreement, Seller will the daily quantity of Gas (expressed in MCF’s and MMBtu’s) that Producer shall deliver to Gatherer at the Gathering System Delivery Point(s) for gathering during such Month. Producer shall also nominate to Buyer Processor in writing, not less than three (3) business Days prior to the first day of each Month during the term of the Agreement, the daily quantity of residue Residue Gas (expressed in MCF’s and MMBtu’s) that Producer or Producer’s nominee shall receive at the Residue Gas Delivery Point(s) following processing at the Plant. 6.3 Gatherer, Processor, and Producer shall designate a dispatcher(s) who shall be continuously on call for nomination purposes, and shall notify each other in writing of such dispatcher(s) and their telephone number(s). 6.4 Producer’s dispatcher shall notify Gatherer’s and Processor’s dispatchers in advance of any anticipated decrease in delivery rate below the daily nominated quantity. Producer’s dispatcher must obtain the prior written approval from Gatherer’s and Processor’s dispatchers for any delivery rate in excess of the daily quantity rate. Gatherer’s and Processor’s dispatcher shall notify Producer’s dispatcher of any anticipated inability to receive the Gas at a delivery rate less than (a) the daily nominated quantity rate; or (b) a previously orally authorized delivery rate in excess of the daily nominated quantity rate. 6.5 If insufficient Plant or pipeline capacity exists to process all the Gas, the Plant processing capacity will be prorated for all gas available dedicated to the Plant, without undue discrimination, and the Gas unable to be tendered for delivery processed will be bypassed ratably, if allowed. 6.6 Processor shall have the right, but not the obligation, to Buyer expand the Plant or build a new gas processing plant at a different location, and in such event, the Point Gas, or a portion thereof, may be processed by Processor in the expanded Plant or the new gas processing plant in accordance with the terms of Delivery each day during such month (the "Nominated Quantity")this Agreement. The Nominated Quantity for any monthParties acknowledge and agree that the Corvette Plant located in Hood County, plus or minus a ten percent Texas (10%) toleranceundergoing construction in 2008), is herein called deemed part of the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day Plant and the Minimum Daily Quantity Facilities for purposes of this Agreement, and the terms of this Agreement shall be deemed "Excess Gasapplicable and effective with respect thereto." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 4.1. Subject to the other terms and provisions hereof, beginning on November 1, 1996, Buyer agrees to nominate and purchase from Seller hereunder and Seller agrees to deliver to Buyer all gas required by Buyer for Buyer's Facilities plus Shrinkage Gas, provided that Seller shall sell and delivernot be obligated to deliver a daily quantity of gas in excess of the Maximum Daily Quantity. If Buyer desires to purchase gas for use at Buyer's Facilities from Seller prior to November 1, or cause 1996, such purchases shall be considered to be delivered Incremental Gas, as provided in Section 4.1.2. 4.1.1. Buyer shall nominate and take from Seller a monthly quantity which is at least equal to the Monthly Minimum Quantity. *CONFIDENTIAL TREATMENT REQUESTED* *CONFIDENTIAL TREATMENT REQUESTED* 4.1.2. From time to time hereunder, Buyer may elect to buy, and Seller may elect to sell, quantities of gas in excess of the Maximum Daily Quantity, which shall be referred to as Incremental Gas. In such event, Seller shall use best efforts to make Incremental Gas available for sale to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller. Buyer's and Seller's affiliates' residue gas available for delivery, each dayagreement with respect to such Incremental Gas shall be confirmed by use of an Exhibit "C". 4.1.3. On or before the sixth three (6th3) business day days prior to the first day of each month that transportation nominations are due on Seller's Transporter and Viking (whichever day is the earliest) for the next month of delivery ("Delivery Month"), Buyer shall notify Seller of the Daily Contract Quantity for the next Delivery Month and of the daily quantity of gas to be delivered for each of Buyer's Facilities. The Daily Contract Quantity, however, shall not be more than the Maximum Daily Quantity, and the Monthly Contract Quantity shall not be less than the Monthly Minimum Quantity. If Buyer fails to notify Seller of the Daily Contract Quantity by the time set forth in the first sentence of this Section 4.1.3 for the Delivery Month in question, the Daily Contract Quantity for such Delivery Month shall be a daily quantity equal to the Daily Contract Quantity in effect on the last day of the month preceding the Delivery Month in question. 4.1.4. Except with respect to quantities for which Buyer and Seller have established a price pursuant to Section 8.3, during a month, Seller will nominate Buyer, by notice to Buyer Seller, may reduce its nomination of the Daily Contract Quantity, so long as such reduction does not result in the purchase for that month of a quantity of residue gas available less than the Monthly Minimum Quantity. Any such requested reduction in the Daily Contract Quantity shall take effect as of the earlier of (i) two (2) business days after Seller's receipt of Buyer's notice of a reduction of the Daily Contract Quantity or (ii) when the reduction is made effective by Viking (it being understood, however, that the time periods specified in this sentence are not intended to be tendered for delivery to Buyer at limit the Point of Delivery each day during such month (the "Nominated Quantity"parties' obligations in Article 6 regarding nominations and imbalances). The Nominated Any Alternate Quantities as defined in Section 8.3.3 shall not be subject to reduction in nomination. 4.1.5. If, within any one month, Buyer desires to increase the Daily Contract Quantity being delivered (such increased Daily Contract Quantity not to exceed the Maximum Daily Quantity), the increase in the Daily Contract Quantity shall take effect as of the earlier of (i) two business days after Seller's receipt of Buyer's notice of an increase or (ii) when the change is made effective by Viking (it being understood, however, that the time periods specified in this sentence are not intended to limit the parties' obligations in Article 6 regarding nominations and imbalances). 4.2. If, for any month, plus or minus Seller fails to deliver the Monthly Contract Quantity (which is a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and equal to the extent that, Seller sells and delivers to Buyer at sum of the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included Daily Contract Quantity in the nominations effect for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andeach

Quantity. 2.1 Subject to the other terms and provisions hereof, Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andand responsible for maintaining third-party, firm transportation agreements as necessary for Buyer to meet its obligations hereunder.

Quantity. 2.1 3.1 Producer hereby dedicates and commits for the term of this Agreement all its interest in the gas produced and sold from Producer’s w▇▇▇▇ located on the lands described in Exhibit A attached hereto (the “Contract Area”), subject, however, to the limitations set forth herein and in the preamble of Exhibit A. This Agreement shall not imply or require any leasehold preservation, drilling or development obligations on the part of Producer. Subject to the terms and conditions hereof, Gatherer hereby covenants and agrees that commencing on the date of first deliveries hereunder and continuing until termination of this Agreement, Gatherer will receive all gas tendered by Producer at the Delivery Point(s) under this Agreement. Producer agrees to notify Gatherer in writing when initial deliveries of gas are expected to commence and the expected deliverability rates from each well. 3.2 If Gatherer fails to connect any well within sixty (60) days from the date Gatherer receives written notification as provided for in Article 3.1, then Producer shall have the right, but not the obligation, to withdraw any such well from the terms of this Agreement and, upon Gatherer’s receipt of written notice from Producer withdrawing any such well, such well shall automatically, and without any further action on the part of Producer or Gatherer, be released from the terms of this Agreement without further obligation or liability of Producer of any kind with respect to such well. 3.3 Producer expressly reserves for itself, its successors and assigns, the following prior rights with respect to the gas subject hereto: (a) The right to deliver to lessors under any of the leases subject hereto gas required in kind to meet the requirements of lessee’s obligations under such leases to furnish gas to such lessors. (b) The right to use gas reasonably required to develop and operate Producer’s properties in the Contract Area, including, but not limited to, use of gas for drilling, reworking, operating, treating, gas lift and compression fuel. (c) Subject to the other terms provisions of this Agreement, the control, management and provisions hereofoperation of the properties subject to this Agreement shall be and remain the exclusive right of Producer. Producer may, Seller in its sole uncontrolled discretion and as it deems advisable, drill new w▇▇▇▇, repair or rework old w▇▇▇▇, renew or extend in whole or in part any lease or unit, and abandon any well or surrender, terminate or release all or any part of any lease not deemed by Producer capable under normal production methods of producing gas in commercial quantities. (d) The right from time to time to alter any gas unit by increasing or decreasing the surface acreage contained therein or to pool or combine any lease or unit or any part thereof with other properties or to include in any unit any interest in lands covered by such unit not theretofore included in such unit; and in the event of any pooling, unitization or change in any unit, this Agreement shall sell apply only to the interest of Producer in the unit or units and deliverthe gas attributable thereto but only insofar as such interest is attributable to the lands and leases committed hereunder. 3.4 Gatherer shall have the right to process, or cause to be delivered to Buyerprocessed by others, at all gas hereunder for the Point(s) recovery of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day liquefiable hydrocarbons prior to the first day delivery of each month, Seller will nominate such gas to Buyer the quantity of residue gas available to be tendered for delivery to Buyer Gatherer at the Point of Delivery each day during such month (Point(s) hereunder; provided, however, that the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity Gatherer shall be deemed "Excess Gas." If, and obligated to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month accept the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 resulting therefrom in accordance with the terms and provisions hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and

Quantity. 2.1 Subject to the other terms Buyer shall purchase and provisions hereof, receive from Seller and Seller shall sell and deliver, or cause deliver to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior an amount equal to the first day Contract Quantity, as specified on the cover page of this Agreement. A purchasing variance of *** plus or minus shall apply to the Monthly Volumes (as defined below) as set forth below (“Purchasing Variance”). Buyer will designate quantities required at each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month Designated Location (as defined below) on a monthly basis (the "Nominated Quantity"“Monthly Volumes”). The Nominated Quantity initial schedule of Monthly Volumes is attached as Appendix A. Buyer shall purchase and receive from Seller and Seller shall sell and deliver to Buyer *** each month an amount equal to the Monthly Volumes specified for any montheach Designated Location for that month as further specified on Appendix A. A purchasing variance of *** plus or minus shall apply to each of the Monthly Volumes. Buyer may modify Monthly Volumes required at each Designated Location with *** days prior notice to Seller for good reason, provided that during the Term of this Agreement, the Buyer purchases and receives a total amount each month equal to the Monthly Volumes, plus or minus the Purchasing Variance and provided further that any change in the Monthly Volumes greater than *** is mutually agreed. Good reason shall include, but not be limited to, a ten percent (10%) tolerancesale of a Designated Location. Buyer’s desire to source biodiesel from another party shall not be considered a good reason. Notwithstanding any other provision of this Agreement, at any time after this Agreement is herein called executed or during the "Minimum Daily Quantity." In Term of this Agreement and any extensions thereof, in the event Buyer purchases more than the Minimum Daily Quantity on any daycloses a Designated Location(s), the difference between the quantity ceases operation of residue gas actually received by a Designated Location(s) or transfers its ownership interest, whether fee or leasehold to a third party, Buyer on such day and the Minimum Daily Quantity shall be deemed "Excess Gas." Ifentitled to transfer the volume associated with said Designated Location(s) to another of Buyer’s locations, and provided that such locations are within *** of Seller’s facilities. If Buyer, fails to purchase from Seller, a total amount each month equal to the extent that, Seller sells and delivers to Buyer at aggregate of the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ Monthly Volumes specified for each Designated Location for that were newly connected and not available to be included in the nominations for such month as set forth abovespecified on Appendix ***Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. A, minus the aggregate Purchasing Variance ***, minus any volumes associated with new stores as noted in Appendix A, minus any closed Designated Locations for any reason other than Force Majeure, as defined below, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ Buyer shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunderhave breached this Agreement. Buyer shall have 60 days to mitigate breach caused by a shortfall month by increasing the blend percentage at existing Designated Locations or adding additional Designated Locations within *** of seller’s facilities. After said 60 day period, in addition to such other rights and remedies as may be responsible available to Seller, Buyer shall, within *** days after *** of *** from *** the *** to *** by *** an *** to ***, on a ***, of *** that *** has ***. In addition, the applicable Contract Quantity and applicable Monthly Volume shall be reduced by the *** of *** that *** to *** but *** for all regulatory filings *** to the ***. To the extent Seller secures *** to ***, the *** will be *** by *** to *** for the *** the *** to *** for the *** that *** to *** the *** of *** that *** to *** to ***. To the extent *** for *** the *** shall *** the *** and all coordination *** for *** shall be ***. Upon mutual agreement between Buyer and nomination requirements Seller, the Contract Quantity specified on the cover page of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andthis Agreement can be further increased or decreased.

Quantity. 2.1 Subject Section 3.1 is amended to add the other terms and provisions hereof, following sentence: “Seller shall sell and deliver, or cause to be delivered to Buyer, at the Point(s) of Delivery hereunder, and Buyer shall buy one hundred percent (100%) of all of receive, the Contract Quantity each Day on a Firm basis. Seller's ’s Gas and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to Existing Contracts Volume shall be tendered for delivery delivered to Buyer at the Point of Delivery each day during such month (Receipt Points for gathering on the "Nominated Quantity"). The Nominated Quantity for any monthGathering System, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity Seller’s Gas shall be deemed "Excess Gas." If, and to the extent that, Seller sells and delivers to purchased by Buyer at the Point(s) Delivery Points, all as set forth herein. The Existing Contracts Volume shall be gathered, but not purchased, by Buyer hereunder. For purposes of Delivery during clarity, the Contract Quantity shall include only Gas volumes attributable to the Committed Reserves and the Existing Contracts and Seller shall not deliver, and Buyer shall have no obligation to receive hereunder, any month residue gas Gas volumes produced from or owned by third parties, other than Gas produced by Seller and its Affiliates in ▇▇▇▇▇ that were newly connected located on the lands described in Exhibit A and not available to be included in the nominations for such month as set forth aboveExisting Contracts Volume, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ which shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify gathered, but not purchased, by Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall never be responsible obligated to receive on any Day volumes of Gas hereunder in excess of 30,000 Mcf’s per Day, as such maximum volume is allocated to each Receipt Point as shown in Exhibit B, except that Seller, prior to the second anniversary of the Effective Date, shall have the right to deliver volumes to the Fonde Receipt Point in excess of the maximum volume shown in Exhibit B for such Receipt Point up to the lower of (x) the maximum available receipt capacity at such Fonde Receipt Point, or (y) a volume that when added to all regulatory filings volumes delivered by Seller at all Receipt Points does not exceed 30,000 Mcf’s per Day, by written notice to Buyer. If Seller elects to deliver such additional volumes to the Fonde Receipt Point, then Seller shall reduce (but not increase) the volumes delivered at one or more of the other Receipt Points so that the total volumes delivered hereunder never exceed 30,000 Mcf’s per Day. Any such election by Seller shall remain in effect until the second anniversary of the Effective Date and, for the term of the Contract, unless, prior to the second anniversary of the Effective Date, Seller notifies Buyer of any additional increase (but not decrease) in the volumes to be delivered to the Fonde Receipt Point (up to 30,000 Mcf’s per Day), and all coordination and nomination requirements the corresponding reductions in the volumes delivered at one or more of downstream pipelines and third party purchasers and transporters utilized the other Receipt Points necessary to cause the total volumes delivered hereunder to never exceed 30,000 Mcf’s per Day. Such final election by Buyer hereunder, andSeller shall remain in effect for the remaining term of this Agreement.”

Quantity. 2.1 A. Subject to the other terms provisions of subparagraphs B., C. and provisions hereofD. below, Seller shall sell agrees to tender for delivery and deliver, or cause sale to be delivered Buyer and Buyer agrees to Buyer, receive and purchase hereunder all gas Seller has available for sale at the Point(s) Delivery Points in excess of Delivery any gas required by Seller's Priority Customers (defined below), and in excess of the Reserved Gas (defined below), and reserved by Seller for its LNG supply requirements. Notwithstanding the preceding sentence to the contrary, Seller and Buyer recognize that in the event of sudden or extreme volume changes in either Seller's supply or Buyer's markets, Buyer may need reasonable lead time to adjust its gas supply or markets to accommodate such sudden or extreme volume changes to enable Buyer to purchase gas volumes made available hereunder, and by Seller. Buyer agrees to use its best efforts to minimize the lead time necessary to accommodate such volume changes. However, in no instance shall buy one hundred percent Buyer take more than five (100%5) working days to make such supply or market adjustments. Failure of all gas markets is not cause for nonperformance by either party under the terms of this Agreement. B. Buyer recognizes that Seller must satisfy its gas supply obligations to Energas, as well as other customers which were receiving gas from Seller's Fain Plant either directly o▇ ▇▇directly as of January 1, 1995, listed in Exhibit "A" attached hereto and made a part hereof ('Seller's affiliates' residue gas available for delivery, each day. On or before the sixth Priority Customers'). C. Buyer recognizes that Seller expects to construct and operate an LNG plant in conjunction with its Fain Plant and hereby reserv▇▇ ▇p to two thousand (6th2,000) business day prior to the first day of each month, Seller will nominate to Buyer the quantity MMcf of residue gas each year commencing January 1, 1997 to satisfy its LNG supply requirements ("Reserved Gas"). D. Buyer recognizes that Seller's Priority Customers have a first call on all gas Seller has available to be tendered for delivery to Buyer at the Point tailgate of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day Fain Plant and the Minimum Daily Quantity shall be deemed "Excess Gas." If, and to the extent that, that Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ reserved up to two thousand (2,000) Mmcf per year additional gas commencing January 1, 1997; accordingly, Buyer expressly acknowledges that were newly connected and not available on any given day Seller may be unable to be included in the nominations for such month as set forth above, then for the remainder of such month the residue deliver any gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller will consult with Buyer as often as necessary regarding Seller's projection of the volume of gas to be available for delivery to Buyer during each month. Such projection will be based upon the volume of gas Seller expects to have available for delivery to Buyer after satisfying the requirements of Seller's Priority Customers and LNG markets. Seller will also provide to Buyer at least fifteen (15) days prior to the beginning of each month, a forecast of the volumes of gas it expects to have available for delivery to Buyer during each of the next twelve (12) months. 2.3 It is the intent of Buyer and Seller that all of the gas delivered hereunder be ultimately consumed in the City of Amarillo and its nvirons to the maximum extent practicable. Accordingly, it is expressly understood and acjreed that all gas delivered hereunder shall be responsible for all regulatory filings, allocated by Buyer to Buyer's markets in the City of Amarillo and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunderits environs before Buyer allocates any gas from other sources to such markets. Buyer shall be responsible for all regulatory filings provide Seller with a statement on a quarterly basis showing the volume of gas purchased hereunder from Seller and all coordination the total volume of gas delivered to Buyer's markets in the City of Amarillo and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andits environs.

Quantity. 2.1 4.1 It is the intent of the Parties that Gas purchased and sold hereunder on and after the First Supply Date shall, subject to the terms and conditions hereof, be delivered by Sellers and utilized by Buyer during the course of a Day at as close to uniform volumes as reasonably practicable. The Parties acknowledge, however, that Gas purchase volume changes may occur during re-starts or shut downs of Buyer's Plant or other anticipated, planned, and/or unplanned events affecting operation of Buyer's Plant. 4.2 Subject to the other terms and provisions hereofconditions of this Agreement, Seller shall Sellers agree to sell and deliver, or cause to be delivered deliver to Buyer, at and Buyer agrees to purchase and take from Sellers, each Day from and after the Point(sFirst Supply Date for the duration of the Contract Period (as defined in Article VIII hereof), such quantity of Gas, not to exceed the amount of the Maximum Daily Contract Quantity (MDCQ), as may be nominated or deemed nominated by Buyer in Daily Nominations pursuant to Section 6.3 hereof. 4.3 Buyer agrees to purchase from Sellers during the course of each Contract Year a Minimum Annual Contract Quantity of Gas, expressed in MMBtu, equal to twenty-eight million (28,000,000) MMBtu on a Gross Heating Value basis, less all of the following: (a) the sum of any quantities of Gas that Sellers fail or are unable to deliver under this Agreement for any reason during that Contract Year, including but not limited to Force Majeure affecting Sellers and Scheduled Outages of Sellers' Alba Field Facilities; (b) the sum of any quantities of Gas during that Contract Year of which Buyer refuses delivery due to quality problems as provided in Article IX hereof; (c) the sum of any quantities of Gas during that Contract Year of which Buyer was unable to take delivery due to Force Majeure affecting Buyer; (d) the sum of any quantities of Gas during that Contract Year which Buyer does not take due to Scheduled Outage(s) of Delivery hereunder, and Buyer shall buy one hundred percent Buyer's Plant; said quantities covered by the aforesaid items (100%a) of all of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth through (6thd) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." In the event Buyer purchases more than the Minimum Daily Quantity on any day, the difference between the quantity of residue gas actually received by Buyer on such day and the Minimum Daily Quantity shall be computed as follows: (i) in MMBtu's on a Gross Heating Value basis; (ii) the deduction attributable to any Day for which there is (or is deemed "Excess Gas." Ifto be) a Daily Nomination under Section 6.3 below shall be the shortfall in actual delivery below said Daily Nomination, and to the extent thatprovided, Seller sells and delivers to that if Buyer has intentionally set its Daily Nomination at the Point(s) a lower level than it otherwise would because of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month factor as set forth in items (a) through (d) above, then the amount by which Buyer calculates that it so reduced its Daily Nomination shall (or shall also) be the deduction for such Day; and (iii) the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ deduction attributable to any Day for which no Daily Nomination was made or deemed made under Section 6.3 shall be the shortfall in actual delivery below the average of the last thirty (30) Daily Nominations that were made or deemed "Excess Gas" for pricing purposes made under Section 8.1 6.3 hereof. Seller shall endeavor to notify Buyer prior to In identifying said last thirty (30) Daily Nominations, Daily Nominations for any significant changes in SellerDay on which there was a Scheduled Outage of Buyer's deliveries Plant or Sellers' Alba Field Facilities, an event of residue gas hereunder. 2.2 Seller Force Majeure, or any other cause of non-delivery or restricted delivery, shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, andexcluded.

Quantity. 2.1 Subject 10.1 The Seller undertakes that within the Range, the Seller will Deliver the Quantity to the other terms Buyer on a daily basis. 10.2 In respect of the Quantity of Product: a) where the Product is delivered by the Seller by road tanker, the Statement of Quantity of Product carried by the road tanker shall be prepared by the Inspector based upon the Weighbridge dockets for Product delivered by the Seller to the Omata Tank Farm; and, b) where the Product is delivered by the Seller to the Pipeline, the Statement of Quantity of Product carried by Pipeline shall be prepared by the Operator based upon the meter reading of Meter FT 016 and provisions hereof, Seller shall sell subject to any adjustments as deemed appropriate and deliver, or cause necessary for the purposes of accuracy by the Inspector. Either Party may elect to be delivered to Buyer, present at the Point(s) time of Delivery hereunder, and Buyer shall buy one hundred percent (100%) the said meter reading by the Operator for the purposes of all preparing the Statement of Seller's and Seller's affiliates' residue gas available for delivery, each day. On or before the sixth (6th) business day prior to the first day of each month, Seller will nominate to Buyer the quantity of residue gas available to be tendered for delivery to Buyer at the Point of Delivery each day during such month (the "Nominated Quantity"). The Nominated Quantity for any month, plus or minus a ten percent (10%) tolerance, is herein called the "Minimum Daily Quantity." 10.3 For the purposes of verifying the accuracy of meter readings for Product delivered by Pipeline the Parties shall ensure that: a) on a monthly basis the metered volume of Product is checked against the tank volume of Product. In the event that the tank volume indicates that Meter FT 016 is out of calibration then the Parties shall take such steps as they deem necessary to ensure that it is recalibrated; and b) on a six (6) monthly basis ensure that a calibration test is conducted on Meter FT 016. 10.4 Where the total volume of Product (including the Seller's Percentage Share), produced from the Ngatoro Field falls outside of the Range then and in such instance the Buyer purchases more than reserves the Minimum Daily Quantity right to 122 give written notice requiring the Seller to renegotiate the Price or other material terms of this Agreement. Such notice shall contain the new price or terms desired by the Buyer. 10.5 If the Parties do not agree upon a new price or terms satisfactory to both Parties within thirty (30) days after the Buyer gives such notice, subject to subclause 10.6 the Buyer may terminate this Agreement at the end of the thirty day period. Any Product Delivered during this thirty day period shall be sold and purchased at the Price and on the terms applying hereunder without any dayadjustment, and neither party shall have further claim against the difference between other in this regard. 10.6 For the quantity avoidance of residue gas actually received by doubt, in the event that the Buyer on such day exercises its rights under subclause 10.5 then the Buyer's sole remedy will be under that subclause and the Minimum Daily Quantity shall be deemed "Excess GasBuyer will not have any further rights to claim from or against the Seller any amount by way of general or special damages or otherwise." If, and to the extent that, Seller sells and delivers to Buyer at the Point(s) of Delivery during any month residue gas produced from ▇▇▇▇▇ that were newly connected and not available to be included in the nominations for such month as set forth above, then for the remainder of such month the residue gas delivered from such newly connected ▇▇▇▇▇ shall be deemed "Excess Gas" for pricing purposes under Section 8.1 hereof. Seller shall endeavor to notify Buyer prior to any significant changes in Seller's deliveries of residue gas hereunder. 2.2 Seller shall be responsible for all regulatory filings, and all coordination and nomination requirements of upstream pipelines and third party suppliers utilized by Seller hereunder. Buyer shall be responsible for all regulatory filings and all coordination and nomination requirements of downstream pipelines and third party purchasers and transporters utilized by Buyer hereunder, and