Remarketing Election; Suspension and Resumption of Deliveries. The Parties acknowledge and agree that, in the event the estimated Available Discount for a Reset Period is not at least equal to the Minimum Discount for that Reset Period (a “Remarketing Event”) FGU will have the right, consistent with the terms of its Project Participant Agreement, to suspend deliveries of Gas for the duration of such Reset Period and the Daily Contract Quantity for such Reset Period shall be zero MMBtu per day. In the event that FGU exercises such right (a “Remarketing Election”), the Parties’ obligations to deliver and receive Gas under this Agreement shall also be suspended for the duration of such Reset Period and the Daily Contract Quantity for such Reset Period shall be zero MMBtu per day. In the event that Gas deliveries are suspended following a Remarketing Election made by FGU, the Parties acknowledge and agree that deliveries will resume if under this Agreement if, in any future Reset Period, Purchaser has not issued a valid Notice of Termination with an effective date prior to the commencement of such Reset Period; and, (i) the Available Discount calculated for such Reset Period is equal to or exceeds the Minimum Discount applicable to such Reset Period; or (ii) FGU agrees to resume deliveries under its Project Participant Agreement for such future Reset Period with a discount less than the applicable Minimum Discount.
Remarketing Election; Suspension and Resumption of Deliveries
