SERVICE PENALTIES Sample Clauses

SERVICE PENALTIES. Be responsible for Service Penalties to the extent such Service Penalties are due to deviations in the actual Gas consumption from the Gas consumption data obtained by EESI from or through EMW on a weekly basis and/or the telemetering facilities connected to the Gas distribution facilities of EMW's customer's utility, as applicable (other than those data deviations occurring from the gross negligence, willful misconduct or bad faith of EESI); or EMW's failure to promptly comply with any and all OFO's.