Common use of Excluded Events Clause in Contracts

Excluded Events. “Force Majeure Event” specifically excludes the following occurrences or events: the loss, interruption, or curtailment of interruptible transportation on any Receiving Transporter necessary to take delivery of Producers’ Gas, MV Mitigation Gas, and In-Kind Gas at any Delivery Point, unless and only to the extent the same event also curtails firm transportation at the same Delivery Point; increases or decreases in Gas supply, allocation or reallocation of production by well operators; loss of markets; loss of supply; and failure of specific, individual xxxxx or appurtenant facilities in the absence of a Force Majeure Event broadly affecting other xxxxx in the same geographic area. Price changes due to market conditions with respect to the purchase or sale of Gas gathered hereunder or economics associated with the delivery, connection, receipt, gathering, compression, dehydration, treatment, processing or redelivery of Gas quantities hereunder shall not constitute Force Majeure Events. In addition, the non-availability or lack of funds or failure to pay money when due shall not constitute Force Majeure Events.

Appears in 2 contracts

Samples: Gas Gathering Agreement, Gas Gathering Agreement (Chesapeake Midstream Partners Lp)

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Excluded Events. “Force Majeure Event” specifically excludes the following occurrences or events: the loss, interruption, or curtailment of interruptible transportation on any Xxxxxxx Receiving Transporter necessary to take delivery of Producers’ Gas, Gas and MV Mitigation Gas, and In-Kind Gas at any Xxxxxxx Delivery Point, unless and only to the extent the same event also curtails firm transportation at the same Xxxxxxx Delivery Point; increases or decreases in Gas supply, allocation or reallocation of production by well operators; loss of markets; loss of supply; and failure of specific, individual xxxxx or appurtenant facilities in the absence of a Force Majeure Event broadly affecting other xxxxx in the same geographic area. Price changes due to market conditions with respect to the purchase or sale of Gas gathered hereunder or economics associated with the delivery, connection, receipt, gathering, compression, dehydration, treatment, processing or redelivery of Gas quantities hereunder shall not constitute Force Majeure Events. In addition, the non-availability or lack of funds or failure to pay money when due shall not constitute Force Majeure Events.

Appears in 2 contracts

Samples: Barnett Gas Gathering Agreement (Chesapeake Midstream Partners, L.P.), Barnett Gas Gathering Agreement (Chesapeake Midstream Partners, L.P.)

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