Common use of Recovery of Make-up Aggregate Clause in Contracts

Recovery of Make-up Aggregate. 9.4.1 The Buyer shall be entitled to recover Make-Up Aggregate without additional cost in accordance with the provisions of this Article 9.4 hereinafter. In relation to each Contract Year, at the commencement of which any Make-Up Aggregate exists, the Buyer shall receive a quantity credit (in MMBTU) in respect of any Gas taken and paid for by the Buyer in excess of the MBQ in the relevant Year up to the balance of the then outstanding Make-Up Aggregate. 9.4.2 The quantities to be used in so reducing the Make-Up Aggregate shall be established by applying the first in first out principle to the quantities constituting the Make-Up Aggregate. 9.4.3 The quantity credit in respect of any Gas taken and paid for by the Buyer in excess of the MBQ and up to the balance of the then outstanding Make-Up Aggregate mentioned in Article 9.4.1 shall be converted to a monetary credit by multiplying such quantity with the Contract Price in effect at the time Buyer recovered such Make-Up Aggregate. 9.4.4 The monetary credit calculated in accordance with Article 9.4.3 shall be taken into account in the Annual Reconciliation Statement in respect of such Year. 9.4.5 Any such credit to the Buyer shall be deemed to be a recovery of Make-Up Aggregate by the Buyer to the extent of the quantity corresponding to such credit and the outstanding balance (if any) of Make-Up Aggregate shall be reduced commensurately. 9.4.6 Notwithstanding the foregoing provisions of this Article 9.4, if at what would otherwise be the end of the Contract Period there is any Make-Up Aggregate outstanding, then, at Sellers’ option, which will be notified to Buyer by not later than one hundred and twenty (120) Days before the end of the Contract Period: (a) This Agreement shall not terminate on that date but shall continue in full force and effect for a number of Days equal to the Make-Up Aggregate divided by [***] of the DCQ in effect during the last Contract Year or twelve (12) Months, whichever is shorter. During this period, the provisions of this Agreement will continue to apply mutatis mutandis (in order to avoid any doubt, Article 9.3 will not apply); or (b) On the last Day of the month immediately following the month in which such termination occurs the Sellers shall [***].

Recovery of Make-up Aggregate. 9.4.1 The Buyer shall be entitled to recover Make-Up Aggregate without additional cost in accordance with the provisions of this Article 9.4 hereinafter. 9.5.1 In relation to each Contract Year, Year at the commencement of which any Make-Up Aggregate exists, the Buyer shall receive a quantity credit (in MMBTU) in respect of any Specification Gas taken and paid for by the Buyer in excess of the MBQ (**) in the relevant Contract Year up to the balance of the then outstanding Make-Up Aggregate. 9.4.2 9.5.2 The quantities to be used in so reducing the Make-Up Aggregate shall be established by applying the first in first out principle to the quantities constituting the Make-Up Aggregate(**). 9.4.3 9.5.3 The quantity credit in respect of any Gas taken and paid for by the Buyer in excess of the MBQ and up to the balance of the then outstanding Make-Up Aggregate mentioned in Article 9.4.1 Article 9.5.1 shall be converted to a monetary credit by multiplying such quantity with a price equal to the Contract Price applicable in effect at respect of the time Buyer recovered Contract Year in which such Make-Up Aggregate is recovered, together with interest thereon at the rate of LIBOR plus one (1) percentage point from the day (or if applicable, from each of the days) on which the Buyer made payment in respect of Gas taken by the Buyer in excess of the Minimum ▇▇▇▇ Quantity in the relevant Contract Year (which is subsequently deducted from the Make-Up Aggregate), until payment of the relevant credit amount. 9.4.4 9.5.4 The monetary credit calculated in accordance with Article 9.4.3 9.5.3 shall be taken into account in the Annual Reconciliation Statement in respect of such Contract Year. 9.4.5 9.5.5 Any such credit to the Buyer shall be deemed to be a recovery of Make-Up Aggregate by the Buyer to the extent of the quantity corresponding to such credit and the outstanding balance (if any) of Make-Up Aggregate shall be reduced commensurately. 9.4.6 9.5.6 Notwithstanding the foregoing provisions of this Article 9.49.5, if at what would otherwise be the end of the Contract Period there is any Make-Up Aggregate outstanding, then, at Sellers’ option, which will be notified to Buyer by not later than one hundred and twenty (120) Days before the end of the Contract Period: (a) This If such outstanding Make-Up Aggregate exceeds (**) MMBTU, then this Agreement shall not terminate on that date but shall continue in full force and effect for a number of Days equal to the Make-Up Aggregate divided by [***] of the DCQ in effect during the last Contract Year or twelve (12) Monthsmonths, whichever is shorterlater so as to enable the Buyer to recover the outstanding Make-UP Aggregate in accordance with the terms of this Agreement. During this period, the provisions of this Agreement will continue to apply mutatis mutandis (in mutandis. In order to avoid any doubt, Article 9.3 will not apply); or (b) On the last Day of the month immediately following the month in which such termination occurs the Sellers shall [***].Article