Insufficient System Compressor Stations Sample Clauses

Insufficient System Compressor Stations. If at any time Gatherer fails to install, operate, and make available sufficient System Compressor Station capacity (taking into account the then-current Third Party Compressor Allowance) for the operation of the Gathering System in compliance with the pressure requirements specified in Section 8.1 and Section 8.2, Shipper shall have the right, at its election, to (a) temporarily utilize existing excess compressor capacity at Existing Compressor Stations and other facilities available to Shipper, whether owned by Shipper or third parties, in which case no Compression Fee shall be payable with respect to volumes so compressed and/or (b) provided that the failure of the Gathering System to operate in compliance with the pressure requirements specified in Section 8.1 and Section 8.2 is not attributable, directly or indirectly, to the performance of an Existing Compressor Station (unless such Existing Compressor Station’s performance is affected adversely by an act or failure to act of Gatherer), procure and install such additional compressor stations as shall be required to bring the Gathering System into compliance with such pressure requirements, in which case (i) Gatherer shall pay to Shipper an amount equal to 115% of all reasonable costs and expenses incurred by Shipper in so procuring and installing such compressor stations, (ii) Shipper shall convey such compressor stations to Gatherer, and (iii) thereafter such compressor stations shall be System Compressor Stations.
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