Common use of Failure to lift Clause in Contracts

Failure to lift. If the Shippers Operator fails to nominate liftings in accordance with the provisions of Attachment D, or, the Shippers Operator having nominated and INEOS having accepted such nomination, the Shippers Group or any of them fails to lift in accordance with such nomination and INEOS experiences a High Stock Position as a result thereof, then INEOS shall have the right, without prejudice to any other rights it may have under this Agreement or in law, to suspend delivery of Shippers Pipeline Liquids, or reduce the quantity thereof which the Shippers Group otherwise has the right to deliver into the FPS System. It is agreed that the Shippers Group shall not be able to invoke or rely upon the provisions of Clause 21 (Force Majeure) in the event that the Shippers Group or any of them fails to lift in accordance with the nomination in question.