ADDITIONAL COMPRESSION AND CO2 FACILITIES Sample Clauses

ADDITIONAL COMPRESSION AND CO2 FACILITIES. Notwithstanding anything herein to the contrary, and not as a breach of the requirements for delivery pressures set forth at Section 11.1, if Shipper cannot make deliveries of Gas to Transporter hereunder at pressures required by Section 11.1 or at CO2 levels required by Section 12.1, then Shipper shall arrange with Transporter, or one of Transporter's affiliates, to install such facilities on Transporter's pipeline for the purpose of bringing Shipper's Gas into compliance with the requirements of Sections 11.1 and 12. 1. No facilities shall be installed unless economically justifiable to Shipper as determined in good faith by Shipper. Any agreement between Shipper and 15 Transporter, or one of Transporter's affiliates, will provide that the cost of such facilities will be recovered using a payout of capital investment over seven (7) years and a return on investment equivalent to the Prime Interest Rate plus five (5) percentage points; PROVIDED, HOWEVER, in the event the remaining period in the Primary Term is less than seven (7) Years then such rate shall be calculated to reflect the shortened time period or the Parties may agree to some other method of payment which will result in Transporter's full recoupment of the required capital investment within the foreshortened period of time at the same return on investment of five (5) percentage points over the then existing Prime Interest Rate.