Material Seller Delivery Event. Buyer may, in its discretion, seek specific performance of this Agreement on an expedited basis or terminate this Agreement, if a Material Seller Delivery Event occurs and Buyer gives Seller written notice of Buyer's intention within 60 Days after the last Day of the twelve Month period or three Month period (as the case may be) in which a Material Seller Delivery Event occurs. Buyer's rights to seek specific performance and to terminate this Agreement shall be waived if Buyer fails to deliver to Seller the notice described herein within the 60 Day period set forth herein. After the occurrence of a Material Seller Delivery Event, Buyer's sole and exclusive remedies shall be (i) recovery of any accrued and unpaid payments under Section 4.2(a), plus interest accrued thereon in accordance with Section 8.5, (ii) the right to seek specific performance pursuant to this Section 4.2(d) and (iii) termination of this Agreement pursuant to this Section 4.2(d). "Material Seller Delivery Event" shall mean Seller's failure for any
Material Seller Delivery Event. Buyer may, in its discretion, seek specific performance of this Agreement on an expedited basis or terminate this Agreement, if a Material Seller Delivery Event occurs and Buyer gives Seller written notice of Buyer's intention within 60 Days after the last Day of the twelve Month period or three Month period (as the case may be) in which a Material Seller Delivery Event occurs. Buyer's rights to seek specific performance and to terminate this Agreement shall be waived if Buyer fails to deliver to Seller the notice described herein within the 60 Day period set forth herein. After the occurrence of a Material Seller Delivery Event, Buyer's sole and exclusive remedies shall be (i) recovery of any accrued and unpaid payments under Section 4.2(a), plus interest accrued thereon in accordance with Section 8.5, (ii) the right to seek specific performance pursuant to this Section 4.2(d) and (iii) termination of this Agreement pursuant to this Section 4.2(d). "Material Seller Delivery Event" shall mean Seller's failure for any reason (other than Force Majeure or any other reason excusing performance of Seller's obligation to deliver Committed Gas hereunder) to deliver (i) 92% of Committed Gas as set forth in Seller's Estimate, as adjusted in accordance with Sections 3.5(b) and 3.5(c), during any rolling twelve Month period, or (ii) 90% of Committed Gas, as adjusted in accordance with Sections 3.5(b) and 3.5(c), during any rolling three Month period.
