Common use of Downtime Events Clause in Contracts

Downtime Events. If during any Month (as applicable, the “Applicable Month”), (i) one or more Downtime Events occur with respect to a Facility Segment, (ii) such Downtime Events caused the Downtime Percentage for such Facility Segment during the Applicable Month to exceed the lowest percentage specified on Exhibit B during such Month, and (iii) Producer has waived its right to a temporary release of Dedicated Production under Section 2.4(b), then the Individual Fee for the applicable Facility Segment shall be reduced by the reduction percentage corresponding to the applicable Downtime Percentage on the chart on Exhibit B during each hour in which such Facility Segment is available to provide Services (an “Operating Hour”) during the subsequent Month until the reduced Individual Fee has been applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. If the aggregate number of Operating Hours during the subsequent Month is less than the aggregate number of Downtime Hours during the Applicable Month, the applicable reduced Individual Fee shall be applied to Operating Hours during the next-subsequent Month or Months until the reduced Individual Fee has been applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. A reduced Individual Fee that would otherwise apply during any Month subsequent to an Applicable Month shall not be applied until all Downtime Hours from previous Applicable Months have been addressed as provided in this Section.

Downtime Events. If during any Month (as applicable, the “Applicable Month”), (i) one or more Downtime Events occur with respect to a Facility Segment, (ii) such Downtime Events caused the Downtime Percentage for such Facility Segment during the Applicable Month to exceed the lowest percentage specified on Exhibit B during such Month, and (iii) Producer has waived its right to a temporary release of Dedicated Production under Section 2.4(b2.4(b)(ii), then the Individual First Phase Fee for the applicable Facility Segment shall be reduced by the reduction percentage corresponding to the applicable Downtime Percentage on the chart on Exhibit B during each hour in which such Facility Segment is available to provide Services (an “Operating Hour”) during the subsequent Month until the reduced Individual First Phase Fee has been Amended and Restated Produced Water Services Agreement NAI-1509460209v15 applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. If the aggregate number of Operating Hours during the subsequent Month is less than the aggregate number of Downtime Hours during the Applicable Month, the applicable reduced Individual First Phase Fee shall be applied to Operating Hours during the next-subsequent Month or Months until the reduced Individual First Phase Fee has been applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. A reduced Individual First Phase Fee that would otherwise apply during any Month subsequent to an Applicable Month shall not be applied until all Downtime Hours from previous Applicable Months have been addressed as provided in this SectionSection 6.2(c). At all times during which the Parties to this Agreement are also party to another Transaction Document that covers Crude Oil, Downtime Hours shall not accrue under this Agreement during the period of time in which a Downtime Event with respect to a Facility Segment connecting to a central facility on the System is occurring at the same time a Downtime Event with respect to a Facility Segment connecting to the same central facility on the Crude Oil Gathering System is occurring.

Downtime Events. If during any Month (as applicable, the “Applicable Month”), (i) one or more Downtime Events occur with respect to a Facility Segment, (ii) such Downtime Events caused the Downtime Percentage for such Facility Segment during the Applicable Month to exceed the lowest percentage specified on Exhibit B during such Month, and (iii) Producer has waived its right to a temporary release of Dedicated Production under Section 2.4(b2.4(b)(ii), then the Individual First Phase Fee for the applicable Facility Segment shall be reduced by the reduction percentage corresponding to the applicable Downtime Percentage on the chart on Exhibit B during each hour in which such Facility Segment is available to provide Services (an “Operating Hour”) during the subsequent Month until the reduced Individual First Phase Fee has been applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. If the aggregate number of Operating Hours during the subsequent Month is less than the aggregate number of Downtime Hours during the Applicable Month, the applicable reduced Individual First Phase Fee shall be applied to Operating Hours during the next-subsequent Month or Months until the reduced Individual First Phase Fee has been applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. A reduced Individual First Phase Fee that would otherwise apply during any Month subsequent to an Applicable Month shall not be applied until all Downtime Hours from previous Applicable Months have been addressed as provided in this Section.Section 6.2(c). At all times during which the Parties to this Agreement are also party to another Transaction Document that covers Crude Oil, Downtime Hours shall not accrue under this Agreement during the period of time in which a Downtime Event with respect to a Facility Segment connecting to a central facility on the System is occurring at the same time a Downtime Event with respect to a Facility Segment connecting to the same central facility on the Crude Oil Gathering System is occurring. Texas Produced Water Services Agreement

Downtime Events. If during any Month (as applicable, the “Applicable Month”), (i) one or more Downtime Events occur with respect to a Facility Segment, (ii) such Downtime Events caused the Downtime Percentage for such Facility Segment during the Applicable Month to exceed the lowest percentage specified on Exhibit B during such Month, and (iii) Producer has waived its right to a temporary release of Dedicated Production under Section 2.4(b2.4(b)(ii), then the Individual First Phase Fee for the applicable Facility Segment shall be reduced by the reduction percentage corresponding to the applicable Downtime Percentage on the chart on Exhibit B during each hour in which such Facility Segment is available to provide Services (an “Operating Hour”) during the subsequent Month until the reduced Individual First Phase Fee has been applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. If the aggregate number of Operating Hours during the subsequent Month is less than the aggregate number of Downtime Hours during the Applicable Month, the applicable reduced Individual First Phase Fee shall be applied to Operating Hours during the next-subsequent Month or Months until the reduced Individual First Phase Fee has been applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. A reduced Individual First Phase Fee that would otherwise apply during any Month subsequent to an Applicable Month shall not be applied until all Downtime Hours from previous Applicable Months have been addressed as provided in this SectionSection 6.2(c). At all times during which the Parties to this Agreement are also party to another Transaction Document that covers Crude Oil, Downtime Hours shall not accrue under this Texas Produced Water Services Agreement Agreement during the period of time in which a Downtime Event with respect to a Facility Segment connecting to a central facility on the System is occurring at the same time a Downtime Event with respect to a Facility Segment connecting to the same central facility on the Crude Oil Gathering System is occurring.