Common use of Excused Performance Clause in Contracts

Excused Performance. Gatherer will not be required to perform or continue to perform services hereunder, and Producer shall not be obligated to deliver Dedicated Saltwater to the Gathering System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer will not be required to perform or continue to perform services hereunder, and Producer and Shipper shall not be obligated to deliver Dedicated Saltwater Crude Oil to the Gathering System in the event: (a) the other a Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other a Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 Days of such filing; or (c) the other a Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer Service Provider will not be required to perform or continue to perform services hereunderServices, and Producer shall not be obligated to deliver Dedicated Saltwater to the Gathering System obtain Fresh Water under this Agreement, in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 ninety (90) Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer will not be required to perform or continue to perform services hereunder, and Producer Shipper shall not be obligated to deliver Dedicated Saltwater Production to the Gathering System (or make any payments required under Section 5.1(d)(i) and Section 5.1(d)(ii)) in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 ninety (90) Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer will not be required to perform or continue to perform services hereunder, and Producer shall not be obligated to deliver Dedicated Saltwater Gas to the Gathering System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 ninety (90) Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer will not be required to perform or continue to perform services hereunderthe Services, and Producer and Shipper shall not be obligated to deliver Dedicated Saltwater Gas to the Gathering System Facilities in the event: (a) the other a Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other a Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 Days of such filing; or (c) the other a Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer will not be required to perform or continue to perform services Services hereunder, and Producer shall not be obligated to deliver Dedicated Saltwater Gas to the Gathering System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer will not be required to perform or continue to perform services hereunder, and Producer shall not be obligated to deliver Dedicated Committed Saltwater to the Gathering System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 [***] Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer will not be required to perform or continue to perform services hereunderthe Services, and Producer shall not be obligated to deliver Dedicated Saltwater Gas to the Gathering System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 [***] Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer Seller will not be required to perform or continue to perform services hereunder, and Producer shall not be obligated to deliver Dedicated Saltwater to receive Freshwater from the Gathering Freshwater System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 [***] Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer will not be required to perform or continue to perform services hereunder, and Producer shall not be obligated to deliver Dedicated Saltwater Crude Oil to the Gathering System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 [***] Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer Seller will not be required to perform or continue to perform services hereunder, and Producer shall not be obligated to deliver Dedicated Saltwater to receive Freshwater from the Gathering Freshwater System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer Midstream will not be required to perform or continue to perform services hereunderServices, and Producer shall not be obligated to deliver Dedicated Saltwater to the Gathering System obtain Water under this Agreement, in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 ninety (90) Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer Carrier will not be required to perform or continue to perform services hereunder, and Producer Shipper shall not be obligated to deliver Dedicated Saltwater Crude Petroleum to the Gathering Xxxxxxx’x Xxxxx Pipeline System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.

Excused Performance. Gatherer will not be required to perform or continue to perform services hereunder, and Producer shall not be obligated to deliver Dedicated Saltwater Producer Gas to the Gathering System in the event: (a) the other Party has voluntarily filed for bankruptcy protection under any chapter of the United States Bankruptcy Code; (b) the other Party is the subject of an involuntary petition of bankruptcy under any chapter of the United States Bankruptcy Code, and such involuntary petition has not been settled or otherwise dismissed within 90 [***] Days of such filing; or (c) the other Party otherwise becomes insolvent, whether by an inability to meet its debts as they come due in the ordinary course of business or because its liabilities exceed its assets on a balance sheet test; and/or however such insolvency may otherwise be evidenced.