Common use of Permanent Release of Shipper Gas for Failure to Comply with the Pressure Requirements Clause in Contracts

Permanent Release of Shipper Gas for Failure to Comply with the Pressure Requirements. If the daily average pressure at any Receipt Point exceeds the Pressure Requirements applicable to such Receipt Point (and Gatherer is not otherwise relieved of the obligation to maintain the Pressure Requirements pursuant to Section 8.2) for any thirty (30) consecutive Day period, and such excess pressure persists after notice to Gatherer and the opportunity for Gatherer to cure the same within a commercially reasonable time, then Shipper shall have the right (but not the obligation) to notify Gatherer in writing of its intent to immediately and permanently release from the Dedication any or all volumes of Shipper Gas delivered through the Receipt Points at which Gatherer was unable to comply with the Pressure Requirements for a period of thirty (30) consecutive Days. If the daily average pressure at all of the Receipt Points exceeds the Pressure Requirements (and Gatherer is not otherwise relieved of the obligation to maintain the Pressure Requirements pursuant to Section 8.2) and such excess pressure persists after notice to Gatherer and the opportunity for Gatherer to cure the same, then Shipper shall have the right (but not the obligation) to notify Gatherer in writing of its intent to terminate this Agreement, which termination shall become effective thirty (30) Days from the date of such notice.