Permanent Release. If (i) Producer is entitled to a temporary release from the Dedication of Constrained Volumes pursuant to Section 3.3(a) for reasons unrelated to a Curtailment Remediation Event, a Sufficiency Breach for which the Sufficiency Breach Expiration Date therefor has not occurred, or Gatherer’s failure to timely connect a Delivery Point (which is addressed in clause (ii) of this sentence), for a period consisting of (A) [***] consecutive days or [***] days in the aggregate during any consecutive day period, for any reason other than Force Majeure, or (B) [***] days out of any [***] day period if due to Force Majeure, or (ii) Gatherer fails to connect a Delivery Point within [***] days of the Target Connection Date therefor, then, in each such case, Producer may elect to (and upon delivery to Gatherer of written notice of such election, shall immediately, without any further action on either Party’s part) receive a permanent release from the Dedication of the Dedicated Xxxxx that produce or would produce to the affected Delivery Point(s), the Dedicated Leases within the Unit(s) applicable to such Dedicated Xxxxx, and all Committed Produced Water attributable thereto. If Producer intends to exercise its right to a permanent release hereunder, Producer shall provide Gatherer written notice of Producer’s election before the date Gatherer provides Producer written notice that Gatherer can commence or resume accepting all Constrained Volumes from the affected Delivery Point(s) and Services may commence for Committed Produced Water delivered thereto, as applicable. Notwithstanding the foregoing, Producer may not exercise its right to a permanent release pursuant to this Section 3.3(b) if Gatherer has commenced the necessary work and activities to eliminate the cause of the disruption or curtailment and diligently and continuously (without any cessation in excess of [***] days) pursues such work and activities in good faith until the cause of such disruption or curtailment is eliminated and Gatherer has recommenced the provision of the Services for the applicable Constrained Volumes in all respects. Notwithstanding the foregoing, if an Affected Asset is not transferred to Gatherer prior to the applicable Holding Period Expiration Date, and, as a result thereof (x) Gatherer must install System facilities to perform its obligations under this Agreement, and (y) Constrained Volumes occur due to the unavailability of such facilities, the time periods set forth in this Secti...
Permanent Release. The Rejected Well, and any subsequent xxxxx with a surface location within a two (2) mile radius of the surface location of the Rejected Well, will be permanently released from the Dedication Area.
Permanent Release. The first parenthetical in the first sentence of Section 3.9(a) of the Gathering Agreement is hereby deleted in its entirety and replaced with the following: “(other than those caused or contributed to by (i) the actions or inactions of any member of the Producer Group resulting in Xxxxxxxx being unable to accept or deliver Gas or comply with the terms hereof, (ii) an event of Force Majeure, (iii) Maintenance, (iv) the breach of this Agreement by any member of Producer Group or (v) a Work Rejection in connection with Planned Mining Operations)”
Permanent Release. Subject to the provisions of this Agreement and the adjudication provisions of the Public Service Act, as may be amended from time-to-time, a seasonal employee shall be considered to have been permanently released from his/her employment with the Employer in the event that:
Permanent Release. Subject to the provisions of this Agreement and the adjudication provisions of the Public Service Act, as may be amended from time-to-time, an auxiliary employee shall be considered to have been permanently released from his/her employment with the Employer in the event that:
Permanent Release. (a) [***].
Permanent Release. Except for the six (6) month period commencing as of the Initial System In-Service Date, and subject to Section 2.5 in the context of future expansion beyond the Initial System, as applicable, in the event Gatherer has not accepted delivery of the entire quantity of Producer's Gas made available by Producer at the Receipt Points for any reason whatsoever, including, without limitation, curtailment, Force Majeure or maintenance affecting Gatherer's Gas System or any downstream pipeline or processing plant, for a continuous period of ninety (90) consecutive days, or one hundred and twenty (120) days within a one hundred eighty (180) day period, Producer shall have the right to have the Leases and Wxxxx affected thereby permanently released from this Agreement (a "Permanent Release ") by delivering written notice thereof to Gatherer within thirty (30) days after the expiration of any such ninety (90) consecutive day period or one hundred eighty (180) day period, as applicable. Furthermore, the applicable Minimum Volume for each Accounting Period remaining during the Commitment Period shall be reduced by the estimated average daily volumes subject to Permanent Release for each such Accounting Period, in accordance with estimates of anticipated volumes previously provided by Producer pursuant to Section 2.7 that would have been delivered to Gatherer's Gas System had the Permanent Release not occurred (the "Permanently Released Volumes").
Permanent Release. In the event of excess Deliverability under Section 2.4(a) for more than 180 consecutive days or Transporter Inability under Section 2.4(b), Shipper may request in writing from Transporter a prospective permanent release of the Impacted Quantities from the obligations under Section 2.1. Transporter shall have six (6) months from the date of receipt of Xxxxxxx's release request to take actions, including without limitation the installation of facilities, to enable Transporter to receive the Impacted Quantities from Shipper. To that end, within three (3) months following Xxxxxxx's release request, Transporter shall review with Shipper the steps or actions Transporter is taking, or proposes to take, to enable Transporter to receive the Impacted Quantities from Shipper. Within thirty (30) days after such review, Xxxxxxx must notify Transporter in writing if Shipper elects to implement the permanent release of the obligations under Section 2.1 with respect to the Impacted Quantities. Upon such notification and immediately after the end of the six (6) month period set forth above, Transporter will release the Impacted Quantities from the obligations under Section 2.1
Permanent Release. Basic quota may be permanently released to the county committee. If the farm consists of separately identifiable tracts having different ownership, the owner(s) of any tract may permanently release part or all of the basic quota contrib- uted to the farm by such tract. § 729.215
Permanent Release. For quota to be permanently released, thirty days after the date of mailing of the notice of the farm’s quota.
