Gas Purchase Agreements are essential instruments in the U.S. energy sector, used to formalize the commercial relationship between gas sellers and buyers. These agreements are particularly important given the complex regulatory environment governing natural gas transactions in the United States, including FERC oversight and state-specific requirements. A Gas Purchase Agreement typically addresses both commercial and operational aspects of gas sales, including firm or interruptible supply obligations, pricing mechanisms, quality specifications, and delivery arrangements. The agreement should be structured to comply with both federal and state regulations while providing clear rights and obligations for all parties involved.
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1. Parties: Identification of buyer and seller with full legal details
2. Background: Context of the agreement and basic transaction structure
3. Definitions: Key terms used throughout the agreement including regulatory references
4. Gas Quantity: Specified volumes, delivery obligations, and nomination procedures
5. Price and Payment: Pricing mechanism, payment terms, and invoicing requirements
6. Delivery Point: Specified location for gas transfer and title passage
7. Quality Specifications: Required gas quality standards and measurement procedures
8. Term and Termination: Duration of agreement and termination rights
9. Representations and Warranties: Standard and specific warranties regarding capacity and authority
10. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures
1. Take-or-Pay Provisions: Minimum purchase obligations and payment requirements for undelivered quantities
2. Transportation: Pipeline arrangements and responsibilities for gas transportation
3. Force Majeure: Events excusing performance and notification requirements
4. Credit Support: Requirements for financial security or guarantees
5. Regulatory Compliance: Specific provisions addressing compliance with federal and state regulations
1. Schedule A - Delivery Point Specifications: Technical details of delivery locations and facilities
2. Schedule B - Quality Specifications: Detailed gas quality requirements and testing procedures
3. Schedule C - Pricing Formula: Detailed pricing calculations and adjustment mechanisms
4. Schedule D - Nomination Procedures: Detailed procedures for gas nominations and scheduling
5. Schedule E - Form of Performance Security: Template for any required security instruments or guarantees
6. Schedule F - Measurement and Testing: Detailed procedures for gas measurement and quality testing
Relevant legal definitions
Affiliate
Agreement
Applicable Law
British Thermal Unit (BTU)
Business Day
Contract Price
Contract Quantity
Daily Contract Quantity (DCQ)
Day
Delivery Point
Effective Date
Force Majeure
Gas
Gas Day
Gas Quality Specifications
Governmental Authority
Gross Heating Value
Interruption
Maximum Daily Quantity (MDQ)
Mcf (Thousand Cubic Feet)
MMBtu (Million British Thermal Units)
Month
Monthly Contract Quantity (MCQ)
Nomination
Operating Conditions
Party/Parties
Pipeline
Pipeline Operator
Pressure
Receipt Point
Scheduled Quantity
Seller's Facilities
Specifications
Standard Cubic Foot
Take-or-Pay
Term
Thermal Content
Transportation Agreement
Year
Agreement
Applicable Law
British Thermal Unit (BTU)
Business Day
Contract Price
Contract Quantity
Daily Contract Quantity (DCQ)
Day
Delivery Point
Effective Date
Force Majeure
Gas
Gas Day
Gas Quality Specifications
Governmental Authority
Gross Heating Value
Interruption
Maximum Daily Quantity (MDQ)
Mcf (Thousand Cubic Feet)
MMBtu (Million British Thermal Units)
Month
Monthly Contract Quantity (MCQ)
Nomination
Operating Conditions
Party/Parties
Pipeline
Pipeline Operator
Pressure
Receipt Point
Scheduled Quantity
Seller's Facilities
Specifications
Standard Cubic Foot
Take-or-Pay
Term
Thermal Content
Transportation Agreement
Year
Clauses
Quantities and Nominations
Delivery Point and Title
Quality Specifications
Price and Payment
Term and Termination
Force Majeure
Transportation
Measurement
Warranties
Confidentiality
Assignment
Credit Support
Take-or-Pay Obligations
Imbalances
Taxes
Indemnification
Dispute Resolution
Governing Law
Operational Requirements
Regulatory Compliance
Health and Safety
Environmental Compliance
Records and Audits
Insurance
Default and Remedies
Notices
Representations
Change in Law
Liability Limitations
Severability
Delivery Point and Title
Quality Specifications
Price and Payment
Term and Termination
Force Majeure
Transportation
Measurement
Warranties
Confidentiality
Assignment
Credit Support
Take-or-Pay Obligations
Imbalances
Taxes
Indemnification
Dispute Resolution
Governing Law
Operational Requirements
Regulatory Compliance
Health and Safety
Environmental Compliance
Records and Audits
Insurance
Default and Remedies
Notices
Representations
Change in Law
Liability Limitations
Severability
Relevant Industries
Relevant Teams
Relevant Roles
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