Wayne Krantz Keith Carlock Tim Lefebvre
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Throughput Rate Agreement

April 13th, 2021 · No Comments

A debit contract is a kind of take-or-pay contract. This means that the buyer is fully obliged to pay, that the buyer accepts the goods or services. For example, a regional energy company in India or Nicaragua may agree to pay a fixed charge for electricity generated by a power plant built by a U.S. company, even if a hurricane or tornado interrupts power supply. Take-or-pay contracts are generally used to facilitate project financing, as these contracts have guaranteed payments and both protect buyers from commodity price increases, while protecting sellers from price declines. The oil and gas industry mainly uses flow contracts, although there are periods when flows are used between manufacturers and materials suppliers. In both cases, debits are specialized agreements that define a product or service, use and service life. For example, an oil company could operate an oil pipeline for one year by entering into flow contact with the pipe carrier. A flow contract takes its name because a contracting party undertakes to move a minimum amount of liquid or gas through a pipeline or processing plant for a specified period of time. Specifically, for the oil and gas industry, a group of oil and gas producers enter into a contract agreement with a processor to transfer a minimum amount of crude oil, refined oil or natural gas through a refinery, pipeline or processing plant. The parties agree to do so for a month, a quarter or a year.

A debit contract is a type of contract used primarily in the oil and gas industry. Although a number of large producers and suppliers of oil and gas dominate the oil and gas industry, some began as small businesses. Debit contracts provide some of the “guarantees” or guarantees needed to finance projects. Debit contracts allow small businesses to make great strides in the oil and gas industry. Once the debit contract is signed between the oil company and the pipeline owner, the oil group has the right, in this example, to pump its oil through the pipeline for the duration of the contract. The pipeline company guarantees the oil company a form of pipeline transportation for a certain fee and therefore provides the oil company with equipment — the pipeline — to produce its fuel. The conclusion of a contract with such strict restrictions has its drawbacks, but there are also advantages for these restrictions.

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