Nominated Daily Quantity definition
Examples of Nominated Daily Quantity in a sentence
No later than 13:00 hours on the Day prior to the Day of Gas delivery, Buyer may revise the Nominated Daily Quantity for such Day of Gas delivery if required by unforeseen circumstances or emergencies.
Sellers’ obligation to make Gas available to Buyer at the Delivery Point is limited to making available a quantity of Gas equal to the lower of the DCQ or the Nominated Daily Quantity for the applicable Day.
Seller’s obligation to make Gas available to Buyer at the Delivery Point is limited to making available a quantity of Gas equal to the lower of the DCQ or the Nominated Daily Quantity for the applicable Day.
As a result, payment by Seller and Buyer in accordance with Subsections 14(a) and 14(b) for their failure to deliver or purchase certain quantities of gas, respectively, shall be the failing party's entire and sole liability to the non-failing party, and the right to recover such payment shall be the non-failing party's sole and exclusive remedy, for the failing party's failure or breach of its obligation to deliver or purchase the Nominated Daily Quantity set forth in this Agreement.
The amount owed by Buyer to Seller hereunder shall be calculated as the product of (A) the difference, if positive, between (i) the then applicable Commodity Charge and (ii) the lesser price received by Seller from a third party purchaser, including any additional transportation and fuel costs incurred by Seller to deliver gas to a third party purchaser and (B) the difference between the Nominated Daily Quantity and the quantity of gas actually purchased by Buyer.
The amount owed by Seller to Buyer hereunder shall be calculated as the product of (A) the difference, if positive, between (i) the increased price paid by Buyer for replacement gas, including any additional transportation and fuel costs incurred by Buyer to receive such replacement gas and (ii) the then applicable Commodity Charge and (B) the difference between the Nominated Daily Quantity and the quantity of gas actually delivered by Seller.
Buyer may elect to prospectively change the Nominated Daily Quantity for any Day of the month.
With respect to deliveries of Natural Gas produced from the Subject Interests, at least two (2) Business Days prior to the date monthly nominations are due each month on the Transporter (as defined in the Natural Gas Purchase Terms), Borrower shall notify Lender in writing of the "Nominated Daily Quantity" that Borrower agrees to sell and deliver to Lender for the next succeeding month.
Seller shall continue to deliver to Transporter, for the account of Buyer, the changed Nominated Daily Quantity each Day unless and until Buyer elects to again change the Nominated Daily Quantity pursuant to the preceding.
In addition, Buyer shall reimburse Seller for actual damages incurred related to such failure to purchase including incremental costs and expenses incurred by Seller related to the replacement sale of the Gas as a result of Buyer's failure to purchase the Nominated Daily Quantity as scheduled.