Failure to Accept Water. If, on any day after the In Service Date, Charis is unable for any reason to accept EXCO’s Water at any Delivery Point(s), then, for the purpose of determining if EXCO has met its financial commitment in Section 3.2, such undelivered and unaccepted Water up to **,000 barrels per day shall be counted as if such Water had been delivered by EXCO and accepted by Charis and EXCO had paid the fees for such delivery. The amount of Water that was not accepted shall be deemed to be equal to the difference between (i) the amount of Water actually accepted, if any, and (ii) **,000 barrels. In addition, during the pendency of any such Pipeline outage EXCO will pay a disposal fee of $.** per barrel for any such Water transported by EXCO through alternative means for disposal at the Xxxxx disposal xxxxx to which the Pipeline normally delivers water.
Failure to Accept Water. If, on any day after the In Service Date, HWR is unable for any reason to accept EXCO’s Water at any Custody Transfer Point(s), then, for the purpose of determining if EXCO has met its financial commitment in Section 3.2, such undelivered and unaccepted Water up to 25,000 barrels per day shall be counted as if such Water had been delivered by EXCO and accepted by HWR at the Billing Meter Point, and EXCO had paid the fees for such delivery. The amount of Water that was not accepted shall be deemed to be equal to the difference between (i) the amount of Water actually accepted, if any, and (ii) 25,000 barrels. In addition, during the pendency of any such Pipeline outage EXCO will pay a disposal fee of $**** per barrel for any such Water transported by EXCO through alternative means for disposal at the Disposal Xxxxx to which the Pipeline normally delivers water.
Failure to Accept Water. If, on any day after HWR has commissioned the Primary Delivery Point, HWR is, for any reason, unable or unwilling to accept (including for reasons of Force Majeure), EnCana’s Water at the Primary Delivery Point, up to the Firm Quantity, then, EnCana will receive a Volume Credit (hereafter defined) for the purpose of determining if EnCana has met its applicable Minimum Commitment in Section 5.
Failure to Accept Water. If, on any day after the In Service Date, HWR is unable for any reason to accept EXCO’s Water at any Custody Transfer Point(s), then, for the purpose of determining if EXCO has met its financial commitment in Section 3.2, such undelivered and unaccepted Water up to 25,000 barrels per day shall be counted as if such Water had been delivered by EXCO and accepted by HWR at the Billing Meter Point, and EXCO had paid the fees for such delivery. The amount of Water that was not accepted shall be deemed to be equal to the difference between (i) the amount of Water actually accepted, if any, and (ii) 25,000 barrels. ****TEXT OMITTED AND FILED SEPARATELY CONFIDENTIAL TREATMENT REQUESTED BY XXXXXXXX CORPORATION UNDER 17C.F.R. SECTION 200.80(B)(4), 200.83 AND 240.24b-2 In addition, during the pendency of any such Pipeline outage EXCO will pay a disposal fee of $**** per barrel for any such Water transported by EXCO through alternative means for disposal at the Disposal Xxxxx to which the Pipeline normally delivers water.
Failure to Accept Water. If, on any day after Charis has commissioned the Pipeline, Charis is unable for any reason (including events beyond Charis’ control) or unwilling to accept El Paso’s Water at any Delivery Point(s), then, for the purpose of determining if El Paso has met its financial commitment in Section 3.2, such undelivered and unaccepted Water shall be counted as if such Water had been delivered by El Paso and accepted by Charis and El Paso had paid the fees for such delivery. The amount of Water that was not accepted shall be deemed to be equal to the difference between (i) the amount of Water actually accepted, if any, and (ii) the average amount of Water accepted over the last seven (7) consecutive days in which Charis accepted all of the Water delivered by El Paso.
