A Gas Sale Agreement is essential for formalizing the commercial relationship between gas suppliers and buyers in Nigeria's energy market. This document is used when parties need to establish long-term gas supply arrangements, typically ranging from 5 to 20 years. It must comply with Nigerian legislation, particularly the Petroleum Industry Act 2021, and includes detailed provisions for gas specifications, delivery commitments, pricing formulas, and operational procedures. The agreement is crucial for projects requiring guaranteed gas supply, such as power plants, industrial facilities, or petrochemical plants, and must address specific Nigerian regulatory requirements including local content provisions, environmental compliance, and domestic gas supply obligations.
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1. Parties: Identification of the seller and buyer, including their registered addresses and company details
2. Background: Context of the agreement, including seller's right to sell gas and buyer's authority to purchase
3. Definitions and Interpretation: Definitions of technical and commercial terms used in the agreement and rules of interpretation
4. Sale and Purchase Obligation: Core obligations of parties including Daily Contract Quantity (DCQ) and Take-or-Pay provisions
5. Term and Effectiveness: Duration of the agreement, conditions precedent, and effectiveness date
6. Quality Specifications: Detailed gas quality requirements and measurement standards
7. Delivery Point and Title: Specification of delivery point and transfer of title and risk
8. Transportation and Nominations: Gas transportation arrangements and nomination procedures
9. Price and Payment: Gas price calculation methodology, invoicing, and payment terms
10. Measurement and Testing: Procedures for measuring gas quantity and quality
11. Force Majeure: Definition of force majeure events and consequences
12. Seller's and Buyer's Warranties: Representations and warranties from both parties
13. Liability and Indemnification: Allocation of risks and liability between parties
14. Termination: Circumstances allowing termination and consequences
15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
16. Confidentiality: Protection of confidential information
17. Notices: Communication procedures between parties
18. General Provisions: Boilerplate clauses including assignment, amendments, and entire agreement
1. Security: Required when buyer needs to provide payment security or performance bonds
2. Carbon Credits: Include when parties wish to address carbon credit allocation from the gas sale
3. Local Content: Detailed local content commitments when specifically required by authorities
4. Gas Balancing: Include for agreements involving multiple buyers or shared facilities
5. Make-Up Gas: Include when buyer has rights to make up gas not taken under Take-or-Pay provisions
6. Commissioning Gas: Include when agreement covers gas supply during facility commissioning phase
7. Expert Determination: Include for technical disputes requiring expert resolution
8. Change in Law: Include when specific provisions for regulatory changes are needed
9. Anti-Corruption: Detailed anti-corruption provisions for international transactions
1. Technical Specifications: Detailed gas quality specifications and testing procedures
2. Measurement Procedures: Detailed procedures for gas measurement and calculations
3. Price Calculation: Detailed formula and examples of price calculations
4. Nomination Procedures: Detailed procedures for gas nominations and scheduling
5. Contact Details: List of authorized representatives and contact information
6. Form of Performance Security: Template for any required performance bonds or guarantees
7. Delivery Point Specifications: Technical details and drawings of delivery point facilities
8. Operating Procedures: Day-to-day operational procedures and communications
9. Form of Transfer Certificate: Template for documenting title transfer
10. Take-or-Pay Calculations: Methodology and examples for Take-or-Pay calculations
Relevant legal definitions
Affiliate
Annual Contract Quantity
Associated Gas
Base Price
Business Day
Commencement Date
Commercial Operations Date
Contract Year
Daily Contract Quantity (DCQ)
Daily Nominated Quantity
Debt Service Charges
Delivery Point
Delivery Pressure
Effective Date
Expert
Force Majeure Event
Gas
Gas Specification
Gas Transportation Agreement
Gross Calorific Value
Gas Transportation Network Code
Hour
Initial Period
Insolvency Event
Interest Rate
Invoice
Local Content Requirements
Make-up Gas
Maximum Daily Quantity
Measurement Equipment
Minimum Daily Quantity
Month
Monthly Take-or-Pay Quantity
Natural Gas
Nigerian Content
Non-Specification Gas
Off-Specification Gas
Operating Procedures
Party/Parties
Payment Due Date
Pipeline
Pipeline System
Price Adjustment Date
Quality Specifications
Quarter
Reasonable and Prudent Operator
Reserved Capacity
Scheduled Maintenance
Seller's Facilities
Standard Cubic Meter
Start-up Period
System Emergency
Take-or-Pay Obligation
Take-or-Pay Price
Tax
Technical Standards
Term
Termination Notice
Transportation Tariff
Wilful Misconduct
Year
Annual Contract Quantity
Associated Gas
Base Price
Business Day
Commencement Date
Commercial Operations Date
Contract Year
Daily Contract Quantity (DCQ)
Daily Nominated Quantity
Debt Service Charges
Delivery Point
Delivery Pressure
Effective Date
Expert
Force Majeure Event
Gas
Gas Specification
Gas Transportation Agreement
Gross Calorific Value
Gas Transportation Network Code
Hour
Initial Period
Insolvency Event
Interest Rate
Invoice
Local Content Requirements
Make-up Gas
Maximum Daily Quantity
Measurement Equipment
Minimum Daily Quantity
Month
Monthly Take-or-Pay Quantity
Natural Gas
Nigerian Content
Non-Specification Gas
Off-Specification Gas
Operating Procedures
Party/Parties
Payment Due Date
Pipeline
Pipeline System
Price Adjustment Date
Quality Specifications
Quarter
Reasonable and Prudent Operator
Reserved Capacity
Scheduled Maintenance
Seller's Facilities
Standard Cubic Meter
Start-up Period
System Emergency
Take-or-Pay Obligation
Take-or-Pay Price
Tax
Technical Standards
Term
Termination Notice
Transportation Tariff
Wilful Misconduct
Year
Clauses
Interpretation
Definitions
Sale and Purchase Obligations
Term
Conditions Precedent
Delivery
Title and Risk
Quality
Measurement
Price
Invoicing and Payment
Take-or-Pay
Make-up Gas
Transportation
Nominations
Force Majeure
Warranties
Liabilities
Indemnification
Insurance
Assignment
Termination
Governing Law
Dispute Resolution
Confidentiality
Notices
Local Content
Environmental Compliance
Health and Safety
Anti-Corruption
Security
Taxes
Change in Law
Records and Audit
Emergency
Maintenance
Regulatory Compliance
Entire Agreement
Amendments
Waiver
Severability
Definitions
Sale and Purchase Obligations
Term
Conditions Precedent
Delivery
Title and Risk
Quality
Measurement
Price
Invoicing and Payment
Take-or-Pay
Make-up Gas
Transportation
Nominations
Force Majeure
Warranties
Liabilities
Indemnification
Insurance
Assignment
Termination
Governing Law
Dispute Resolution
Confidentiality
Notices
Local Content
Environmental Compliance
Health and Safety
Anti-Corruption
Security
Taxes
Change in Law
Records and Audit
Emergency
Maintenance
Regulatory Compliance
Entire Agreement
Amendments
Waiver
Severability
Relevant Industries
Oil & Gas
Energy
Power Generation
Manufacturing
Industrial Processing
Petrochemicals
Utilities
Infrastructure
Chemical Industry
Mining
Relevant Teams
Legal
Commercial
Operations
Business Development
Risk Management
Compliance
Finance
Technical
Supply Chain
Trading
Project Development
Health Safety Environment
Regulatory Affairs
Relevant Roles
Commercial Manager
Gas Supply Manager
Contract Administrator
Legal Counsel
Business Development Manager
Operations Manager
Technical Director
Risk Manager
Compliance Officer
Energy Trading Manager
Project Manager
Commercial Director
Gas Operations Supervisor
Chief Financial Officer
Supply Chain Manager
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