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Enron Mail |
7.6 Partial Assignment of Gas Gathering Agreement. Seller hereby partially
assigns the Gas Gathering Agreement to Buyer for the quantity of Gas Scheduled by Buyer hereunder for the term of this Agreement. Buyer shall have all the rights, obligations, duties and responsibilities attributable to Shipper under the Gas Gathering Agreement for the quantity of Gas Scheduled by Buyer hereunder and Buyer does hereby expressly assume the Gas Gathering Agreement for the term hereof in all respects for the quantity of Gas Scheduled by Buyer hereunder except as to (i) the Reserve Dedication contained in Section 2.1, the Right of Way grant contained in Section 11.1 and the warranties of Shipper contained in Section 9.1 of the Gas Gathering Agreement, all of which shall be and remain wholly the obligations of Seller and (ii) with regard to Section 3.2 Fixed Gathering Fee, Buyer shall only assume and be responsible for that amount of the Fixed Gathering Fee (as defined in the Gathering Agreement) that would be equal to the amount calculated by multiplying the MMBtu of Gas Scheduled by Buyer hereunder for each Month by $0.14. Seller shall remain responsible for any Fixed Gathering Fee, in excess of such amount, and any obligations for non payment or late payment related thereto. Seller retains all the rights, obligations, duties and responsibilities of Seller under the Gas Gathering Agreement not assigned to Buyer hereunder, including for the quantity of Seller's Gas, other than or in excess of the Gas Scheduled by the Buyer hereunder, which is scheduled for gathering under the Gas Gathering Agreement. Upon termination of this Agreement, this partial assignment of the Gas Gathering Agreement shall immediately terminate, provided however Buyer shall remain liable for Buyer's payment obligations attributable to the term of this partial assignment. Neither Buyer or Seller shall have the right to amend the Gas Gathering Agreement during the term hereof without the consent of the other party (Buyer or Seller as the case may be). This partial assignment of Gas Gathering Agreement shall run with this Agreement and shall be likewise Assigned to any assignee of this Agreement.
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