Maximum Gathering Pressure; Gathering and Processing Fee Discount Sample Clauses

Maximum Gathering Pressure; Gathering and Processing Fee Discount. In the event the operating pressure at any of the Gatherer Pressure Measurement Points is not at or below the applicable Maximum Gathering Pressure for fifteen (15) Days (whether consecutive or nonconsecutive) in any ninety (90) Day period for reasons other than (i) Producer’s failure to make deliveries of Producer’s Products at or below Producer’s Maximum Gathering Pressure, provided however that such failure isn’t the result of Gatherer’s failure to maintain Gatherer Pressure Measurement Points at or below the Maximum Gathering Pressure, or (ii) Force Majeure, then upon Producer’s written notice to Gatherer, Gatherer shall have fifteen (15) Days from receipt of such notice to propose a feasible plan that shall, at Gatherer’s sole cost and expense, resolve the pressure issue within sixty (60) Days after proposing such plan (the “Resolution Period”) so that the operating pressure at any of the Gatherer Pressure Measurement Points is at or below the applicable Maximum Gathering Pressure. If (a) Gatherer fails to propose a resolution within such fifteen (15) Day-period, (b) the issue is not resolved after completion of Gatherer’s resolution, or (c) Gatherer does not complete its proposed resolution within the Resolution Period for any reason (but if Gatherer’s completion is delayed or prevented by reason of Force Majeure, the Resolution Period shall be extended by an additional 120 Days), then upon written notice to Gatherer, Producer may elect to receive a reduction of [***] per Mcf with respect to the then-existing Gathering and Processing Fee for a volume of Producer’s Gas equal to Producer’s good-faith estimate of the affected volumes of Gas. Solely for purposes of calculating the fifteen (15) Days (whether consecutive or nonconsecutive) in any ninety (90) Day period required by the first sentence of this ‎Section 4.6 , a “Day” shall mean any Day in which operating pressure at any of the Gatherer Pressure Measurement Points is not at or below the applicable Maximum Gathering Pressure for a period of at least ten (10) hours.
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