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This excerpt taken from the HLND 10-K filed Mar 30, 2005. Adjusted Performance Guarantee), no further calculation
will be made and no Liquidated Damages will be assessed for such Commodity;
(iii) If the quantity for a Commodity determined in accordance with Section 4.3(c)(ii) above is less than the Adjusted Performance Guarantee, and the run-time data for the particular Hiland location which was used to produce such Commodity is equal to or greater than the Guarantee Percentage as adjusted for the percentage of time during such month Hiland was unable to deliver such Commodity due to an event set forth in 4.3(a)(i), or (ii) above (the |
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