Common use of Adequate Assurances Clause in Contracts

Adequate Assurances. If (a) Customer fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer or (b) Provider has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Agreement, then Provider, by delivery of written Notice to Customer, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by Customer. As used herein, “Adequate Assurance” means, at the option of Customer, (i) the advance payment in cash by Customer to Provider for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider by Customer of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer to Provider hereunder for the prior two Month period. If (A) Customer fails to provide Adequate Assurance to Provider within 48 hours of Provider’s request therefor pursuant to this Section 15.2 or (B) Customer or Customer Parent suffers any of the actions described in Section 7.1(a)(iii), then, in either case, Provider shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer or suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to Provider under this Agreement or otherwise. If Provider exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.2, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider for such termination, suspension or reduction. Failure of Provider to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 shall not constitute a waiver by Provider of any rights or remedies Provider may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer Shipper fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer Shipper or (b) Provider Gatherer has reasonable grounds for insecurity regarding the performance by Customer Shipper of any obligation under this Agreement, then ProviderGatherer, by delivery of written Notice to CustomerShipper, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by CustomerShipper. As used herein, “Adequate Assurance” means, at the option of CustomerShipper, (i) the advance payment in cash by Customer Shipper to Provider Gatherer for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider Gatherer by Customer Shipper of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer Shipper to Provider Gatherer hereunder for the prior two Month period. If (A) Customer Shipper fails to provide Adequate Assurance to Provider Gatherer within 48 hours of ProviderGatherer’s request therefor pursuant to this Section 15.2 18.2 or (B) Customer Shipper or Customer Shipper Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider Gatherer shall TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). have the right to, at its sole option, terminate this Agreement upon written Notice to Customer Shipper or suspend or reduce all services under this Agreement without prior Notice to CustomerShipper, in each case, without limiting any other rights or remedies available to Provider Gatherer under this Agreement or otherwise. If Provider Gatherer exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer Shipper shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider Gatherer for such termination, suspension or reduction. Failure of Provider Gatherer to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider Gatherer of any rights or remedies Provider Gatherer may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer or (b) Provider has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Agreement, then Provider, by delivery of written Notice to Customer, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by Customer. As used herein, “Adequate Assurance” means, at the option of Customer, (i) the advance payment in cash by Customer to Provider for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider by Customer of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer to Provider hereunder for the prior two Month period. If (A) Customer fails to provide Adequate Assurance to Provider within 48 hours of Provider’s request therefor pursuant to this Section 15.2 18.2 or (B) Customer or Customer Parent TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer or suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to Provider under this Agreement or otherwise. If Provider exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider for such termination, suspension or reduction. Failure of Provider to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider of any rights or remedies Provider may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer or (b) Provider has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Agreement, then Provider, by delivery of written Notice to Customer, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by Customer. As used herein, “Adequate Assurance” means, at the option of Customer, (i) the advance payment in cash by Customer to Provider for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider by Customer of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer to Provider hereunder for the prior two TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). Month period. If (A) Customer fails to provide Adequate Assurance to Provider within 48 hours of Provider’s request therefor pursuant to this Section 15.2 18.2 or (B) Customer or Customer Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer or suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to Provider under this Agreement or otherwise. If Provider exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider for such termination, suspension or reduction. Failure of Provider to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider of any rights or remedies Provider may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer or (b) Provider has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Agreement, then Provider, by delivery of written Notice to Customer, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by Customer. As used herein, “Adequate Assurance” means, at the option of Customer, (i) the advance payment in cash by Customer to Provider for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider by Customer of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer to Provider hereunder for the prior two Month period. If (A) Customer fails to provide Adequate Assurance to Provider within 48 hours of Provider’s request therefor pursuant to this Section 15.2 18.2 or (B) Customer or Customer Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer or suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to Provider under this Agreement or otherwise. If Provider exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider for such termination, suspension or reduction. Failure of Provider to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider of any rights or remedies Provider may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer Shipper fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer Shipper or (b) Provider Gatherer has reasonable grounds for insecurity regarding the performance by Customer Shipper of any obligation under this Agreement, then ProviderGatherer, by delivery of written Notice to CustomerShipper, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by CustomerShipper. As used herein, “Adequate Assurance” means, at the option of CustomerShipper, (i) the advance payment in cash by Customer Shipper to Provider Gatherer for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider Gatherer by Customer Shipper of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer Shipper to Provider Gatherer hereunder for the prior two Month period. If (A) Customer Shipper fails to provide Adequate Assurance to Provider Gatherer within 48 hours of ProviderGatherer’s request therefor pursuant to this Section 15.2 18.2 or (B) Customer Shipper or Customer Shipper Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider Gatherer shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer Shipper or TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). suspend or reduce all services under this Agreement without prior Notice to CustomerShipper, in each case, without limiting any other rights or remedies available to Provider Gatherer under this Agreement or otherwise. If Provider Gatherer exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer Shipper shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider Gatherer for such termination, suspension or reduction. Failure of Provider Gatherer to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider Gatherer of any rights or remedies Provider Gatherer may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer or (b) Provider has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Agreement, then Provider, by delivery of written Notice to Customer, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by Customer. As used herein, “"Adequate Assurance” " means, at the option of Customer, (i) the advance payment in cash by Customer to CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. Provider for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider by Customer of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer to Provider hereunder for the prior two Month period. If (A) Customer fails to provide Adequate Assurance to Provider within 48 hours of Provider’s 's request therefor pursuant to this Section 15.2 18.2 or (B) Customer or Customer Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer or suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to Provider under this Agreement or otherwise. If Provider exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider for such termination, suspension or reduction. Failure of Provider to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider of any rights or remedies Provider may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer Shipper fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer Shipper or (b) Provider Gatherer has reasonable grounds for insecurity regarding the performance by Customer Shipper of any obligation under this Agreement, then ProviderGatherer, by delivery of written Notice to CustomerShipper, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by CustomerShipper. As used herein, “"Adequate Assurance” " means, at the option of CustomerShipper, (i) the advance payment in cash by Customer Shipper to Provider Gatherer for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider Gatherer by Customer Shipper of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer Shipper to Provider Gatherer hereunder for the prior two Month period. If (A) Customer Shipper fails to provide Adequate Assurance to Provider Gatherer within 48 hours of Provider’s Gatherer's request therefor pursuant to this Section 15.2 18.2 or (B) Customer Shipper or Customer Shipper Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider Gatherer shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer Shipper or suspend or reduce all services under this Agreement without prior Notice to CustomerShipper, in each case, without limiting any other rights or remedies available to Provider Gatherer under this Agreement or otherwise. If Provider Gatherer exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer Shipper shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider Gatherer for such termination, suspension or reduction. Failure of Provider Gatherer to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider Gatherer of any rights or remedies Provider Gatherer may have under this Agreement, applicable Law, or otherwise. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.

Adequate Assurances. If (a) Customer fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer or (b) Provider has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Agreement, then Provider, by delivery of written Notice to Customer, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by Customer. As used herein, “"Adequate Assurance” " means, at the option of Customer, (i) the advance payment in cash by Customer to Provider for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider by Customer of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer to Provider hereunder for the prior two Month period. If (A) Customer fails to provide Adequate Assurance to Provider within 48 hours of Provider’s 's request therefor pursuant to this Section 15.2 18.2 or (B) Customer or Customer Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer or suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to Provider under this Agreement or otherwise. If Provider exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider for such termination, suspension or reduction. Failure of Provider to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider of any rights or remedies Provider may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer or (b) Provider has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Agreement, then Provider, by delivery of written Notice to Customer, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by Customer. As used herein, “Adequate Assurance” means, at the option of Customer, (i) the advance payment in cash by Customer to TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). Provider for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider by Customer of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer to Provider hereunder for the prior two Month period. If (A) Customer fails to provide Adequate Assurance to Provider within 48 hours of Provider’s request therefor pursuant to this Section 15.2 18.2 or (B) Customer or Customer Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer or suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to Provider under this Agreement or otherwise. If Provider exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider for such termination, suspension or reduction. Failure of Provider to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider of any rights or remedies Provider may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer or (b) Provider has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Agreement, then Provider, by delivery of written Notice to Customer, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by Customer. As used herein, “"Adequate Assurance” " means, at the option of Customer, (i) the advance payment in cash by Customer to Provider for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider by Customer of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer to Provider hereunder for the prior two Month period. If (A) Customer fails to provide Adequate Assurance to Provider within 48 hours of Provider’s 's request therefor pursuant to this Section 15.2 or (B) Customer or Customer Parent suffers any of the actions described in Section 7.1(a)(iii), then, in either case, Provider shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer or suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to Provider under this Agreement or otherwise. If Provider exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.2, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider for such termination, suspension or reduction. Failure of Provider to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 shall not constitute a waiver by Provider of any rights or remedies Provider may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer Shipper fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer Shipper or (b) Provider Gatherer has reasonable grounds for insecurity regarding the performance by Customer Shipper of any obligation under this Agreement, then ProviderGatherer, by delivery of written Notice to CustomerShipper, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by CustomerShipper. As used herein, “"Adequate Assurance” " means, at the option of CustomerShipper, (i) the advance payment in cash by Customer Shipper to Provider Gatherer for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider Gatherer by Customer Shipper of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer Shipper to Provider Gatherer hereunder for the prior two Month period. If (A) Customer Shipper fails to provide Adequate Assurance to Provider Gatherer within 48 hours of Provider’s Gatherer's request therefor pursuant to this Section 15.2 18.2 or (B) Customer Shipper or Customer Shipper Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider Gatherer shall CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. have the right to, at its sole option, terminate this Agreement upon written Notice to Customer Shipper or suspend or reduce all services under this Agreement without prior Notice to CustomerShipper, in each case, without limiting any other rights or remedies available to Provider Gatherer under this Agreement or otherwise. If Provider Gatherer exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer Shipper shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider Gatherer for such termination, suspension or reduction. Failure of Provider Gatherer to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider Gatherer of any rights or remedies Provider Gatherer may have under this Agreement, applicable Law, or otherwise.

Adequate Assurances. If (a) Customer Shipper fails to pay any Invoice according to the provisions hereof and such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer Shipper or (b) Provider Gatherer has reasonable grounds for insecurity regarding the performance by Customer Shipper of any obligation under this Agreement, then ProviderGatherer, by delivery of written Notice to CustomerShipper, may, singularly or in combination with any other rights it may have, demand Adequate Assurance by CustomerShipper. As used herein, “Adequate Assurance” means, at the option of CustomerShipper, (i) the advance payment in cash by Customer Shipper to Provider Gatherer for System Services to be provided under this Agreement in the following Month or (ii) delivery to Provider Gatherer by Customer Shipper of an Adequate Letter of Credit in an amount equal to not less than the aggregate amounts owed from Customer Shipper to Provider Gatherer hereunder for the prior two Month period. If (A) Customer Shipper fails to provide Adequate Assurance to Provider Gatherer within 48 hours of ProviderGatherer’s request therefor pursuant to this Section 15.2 18.2 or (B) Customer Shipper or Customer Shipper Parent suffers any of the actions described in Section 7.1(a)(iii10.1(a)(iii), then, in either case, Provider Gatherer shall have the right to, at its sole option, terminate this Agreement upon written Notice to Customer Shipper or suspend or reduce all services under this Agreement without prior Notice to CustomerShipper, in each case, without limiting any other rights or remedies available to Provider Gatherer under this Agreement or otherwise. If Provider Gatherer exercises the right to terminate this Agreement or suspend or reduce any System Services under this Section 15.218.2, then Customer Shipper shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against Provider Gatherer for such termination, suspension or reduction. Failure of Provider Gatherer to exercise its right to terminate this Agreement or suspend or reduce any System Service as provided in this Section 15.2 18.2 shall not constitute a waiver by Provider Gatherer of any rights or remedies Provider Gatherer may have under this Agreement, applicable Law, or otherwise. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).