Scheduled Maintenance and Emergency Sample Clauses

Scheduled Maintenance and Emergency. Gatherer may, upon no less than [***] days advance written notice to Producer, take the System off-line to perform scheduled maintenance (“Scheduled Maintenance”), in whole or in part, to the extent such Scheduled Maintenance prevents Gatherer from accepting Committed Produced Water hereunder. Gatherer’s obligation to receive and dispose of Committed Produced Water (and Producer’s obligation to deliver Committed Produced Water) shall be suspended during the period of such Scheduled Maintenance, in each case to the extent such Scheduled Maintenance prevents Gatherer from accepting such Committed Produced Water. Gatherer’s obligation to receive and dispose of Committed Produced Water under this Agreement shall be suspended without the necessity of notice of any kind to Producer in order to repair the System where an Emergency exists; provided, however, that Gatherer shall give Producer notice as soon as reasonably practicable of the reason for the Emergency suspension and the date on which the affected portion(s) of the System are expected to be operational again. Any suspension of Gatherer’s obligations hereunder for Scheduled Maintenance or in an Emergency shall not affect the Term. Notwithstanding anything herein to the contrary, when Services are suspended due to Scheduled Maintenance or Emergency, (i) Producer is entitled to the remedies provided in Section 3.3 and Section 3.4 with respect to Committed Produced Water not accepted by Gatherer during such suspension, (ii) the duration of such suspension will count towards the permanent release time periods specified in Section 3.3(b), (iii) Gatherer agrees that Producer will not be in violation of this Agreement for failure to deliver such Committed Produced Water hereunder and Producer will owe no further consideration to Gatherer for such Committed Produced Water, and (iv) Gatherer will have the right to shut-off the flow of Producer’s Produced Water at the applicable Delivery Points or Measurement Points, and Gatherer will not be liable to Producer for any damage that may result to Producer’s equipment, facilities or xxxxx as a result of such shut-off unless the event necessitating such shut off was solely caused by Gatherer’s gross negligence or willful misconduct; provided that with respect to a Related Agreement Emergency, Gatherer shall use its Reasonable Efforts to comply with the relevant Applicable Law without shutting-off the flow of Producer’s Produced Water at the Delivery Points or Measureme...
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Related to Scheduled Maintenance and Emergency

  • Scheduled Maintenance No later than March 1, 2001, Seller shall submit to Buyer a proposed schedule of Scheduled Maintenance Outages scheduled by Seller for the following Contract Year for the Units, which schedule shall be updated by Seller by each March 31 and September 30 thereafter to cover the twelve month period following each such update; provided, however, that no Scheduled Maintenance Outage may be scheduled to cover the period from May 15 to September 15. Parameters within which Scheduled Maintenance Outages must be planned are included as Appendix I. If the OEM issues recommendations for changes to the parameters in Appendix I, the parties shall negotiate in good faith to revise Appendix I accordingly. Such schedule, and each supplement thereto, shall indicate the planned start and completion dates for each Scheduled Maintenance Outage during the period covered thereby and the amount of the Net Dependable Capacity of a Unit that will be affected. Within thirty (30) days of receipt of such schedule or any supplement thereto, Buyer may request reasonable modifications in the Scheduled Maintenance Outage schedule contained therein. Both parties agree to use reasonable efforts to develop a mutually acceptable final schedule for such Scheduled Maintenance Outages. If within six months prior to the scheduled start of a Scheduled Maintenance Outage, Buyer desires to change the scheduled start or duration of such Scheduled Maintenance Outage, Buyer shall notify Seller of Buyer's requested change and Seller shall use reasonable efforts to accommodate Buyer's requested change. Seller may propose compensation from Buyer to Seller for such change. Buyer shall then have the right to either direct such change and pay Seller such compensation, or withdraw the request for such change. At least one week prior to any Scheduled Maintenance Outage, Seller shall orally notify Buyer of the expected start date of such Scheduled Maintenance Outage, the amount of Capacity at the Units that will not be available to Buyer during such Scheduled Maintenance Outage, and the expected completion date of such Scheduled Maintenance Outage. Seller shall orally notify Buyer of any subsequent changes in such Capacity not available or any subsequent changes in the Scheduled Maintenance Outage completion date. As soon as practicable, all such oral notifications shall be confirmed in writing. Scheduled Maintenance Outages may be taken in any number of non-contiguous periods, subject to Buyer's approval, which shall not be unreasonably withheld or delayed. Subject to the foregoing, the duration, frequency and timing of Scheduled Maintenance Outages shall be based on OEM recommendations and the age and operation of the Units generally plus up to five (5) days per Unit on a semi-annual basis for Non-Summer Period balance of plant maintenance.

  • Deferred Maintenance Borrower shall, within six (6) months of the date hereof, perform the deferred maintenance work (the “Deferred Maintenance”) to the Property itemized on Exhibit B hereto. Furthermore, Borrowers shall diligently perform, or cause to be performed, in a timely and workmanlike manner all repairs and maintenance contemplated by and itemized in the Approved Budget.

  • Repairs; Maintenance and Compliance Borrower shall at all times maintain, preserve and protect all franchises and trade names, and Borrower shall cause the Property to be maintained in a good and safe condition and repair and shall not remove, demolish or alter the Improvements or Equipment (except for alterations performed in accordance with Section 5.4.2 below and normal replacement of Equipment with Equipment of equivalent value and functionality). Borrower shall promptly comply with all Legal Requirements and immediately cure properly any violation of a Legal Requirement. Borrower shall notify Lender in writing within two (2) Business Days after Borrower first receives notice of any such non-compliance. Borrower shall promptly repair, replace or rebuild any part of the Property that becomes damaged, worn or dilapidated and shall complete and pay for any Improvements at any time in the process of construction or repair.

  • Installation and Maintenance of Meters The Servicer shall cause to be installed, replaced and maintained meters in accordance with the Servicer Policies and Practices.

  • Tenant’s Maintenance Obligations Tenant shall (i) keep and maintain the Premises in good appearance, repair and condition and maintain proper janitorial services, (ii) promptly make all repairs (interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen) necessary to keep each Facility in good and lawful order and condition and in substantial compliance with all applicable requirements and laws relating to the business conducted thereon, including, if applicable certification for participation in Medicare and Medicaid, and (iii) keep and maintain all Landlord and Tenant Personal Property in good condition, ordinary wear and tear, casualty and condemnation excepted, and repair and replace such property consistent with prudent industry practice.

  • Record Maintenance The Service Provider shall maintain, and require any third parties with which it contracts to maintain with respect to the Fund’s shareholders holding the Fund’s shares in a Service Provider account (“Customers”) the following records:

  • Support and Maintenance RSA agrees to provide the maintenance and support specified in this Support Agreement and You agree to pay RSA's then-current annual support fee ("Support Fee").

  • System Maintenance The Trust understands that USBFS will perform periodic maintenance to the System(s), which may cause temporary service interruptions. To the extent possible, USBFS shall notify the Trust of all planned outages and will perform any necessary maintenance during non-business hours.

  • OPERATION AND MAINTENANCE OF COMMON AREAS During the Term, Landlord shall operate all Common Areas within the Building and the Project. The term “Common Areas” shall mean all areas within the Building, Project and other buildings in the Project which are not held for exclusive use by persons entitled to occupy space.

  • Servicing and Maintenance Standards The Servicer shall, on behalf of the Issuer:

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