Shutdown. During any period when all or any portion of the Individual System is shut down (i) because of maintenance, repairs or Force Majeure, (ii) because such shutdown is necessary to avoid injury or harm to Persons or property, to the environment or to the integrity of all or any portion of the Individual System or (iii) because providing Services hereunder has become uneconomic as further described in Section 13.2, Midstream Co may interrupt or curtail receipts of Producer’s Product, provided that any such interruption or curtailment of Original Producer’s volumes must be done in accordance with the priority provisions in Section 5.3(c). In such cases, Midstream Co shall have no liability to Producer (subject to Section 11.1(b)) for its failure to receive Product, except to the extent such shutdown is caused by the negligence, gross negligence or willful misconduct of Midstream Co. If Midstream Co is required to so interrupt or curtail receipts of Product, Midstream Co will advise (by telephone, following up by writing, which writing may be in the form of electronic mail) Producer of such interruption or curtailment as soon as practicable or in any event within 24 hours after the occurrence of such event.
Appears in 2 contracts
Samples: Texas Agreement (Noble Midstream Partners LP), Gas Gathering Agreement (Noble Midstream Partners LP)
Shutdown. During any period when all or any portion of the Individual System is shut down (i) because of maintenance, repairs repairs, or Force Majeure, (ii) because such shutdown is necessary to avoid injury or harm to Persons or property, to the environment or to the integrity of all or any portion of the Individual System or (iii) because providing Services hereunder has become uneconomic as further described in Section 13.2, Midstream Co may interrupt or curtail receipts of Producer’s Product, provided that any such interruption or curtailment of Original Producer’s volumes must be done in accordance with the priority provisions in Section 5.3(c). In such cases, Midstream Co shall have no liability to Producer (subject to Section 11.1(b)) for its failure to receive Product, except to the extent such shutdown is caused by the negligence, gross negligence or willful misconduct of Midstream Co. If Midstream Co is required to so interrupt or curtail receipts of Product, Midstream Co will advise (by telephone, following up by writing, which writing may be in the form of electronic mail) Producer of such interruption or curtailment as soon as practicable or in any event within 24 hours after the occurrence of such event.
Appears in 2 contracts
Samples: Produced Water Services Agreement (Noble Midstream Partners LP), Agreement Terms And (Noble Midstream Partners LP)
Shutdown. During any period when all or any portion of the Individual System is shut down (i) because of maintenance, repairs repairs, or Force Majeure, (ii) because such shutdown is necessary to avoid injury or harm to Persons or property, to the environment or to the integrity of all or any portion of the Individual System System, or (iii) because providing Services hereunder has become uneconomic as further described in Section 13.2, Midstream Co may interrupt or curtail receipts the performance of Producer’s Productthe Services in respect of Fresh Water, provided that any such interruption or curtailment of Original Producer’s volumes must be done in accordance with the priority provisions in Section 5.3(c). In such cases, cases Midstream Co shall have no liability to Producer (subject to Section 11.1(b)) for its failure to receive Productprovide Services, except to the extent such shutdown is caused by the negligence, gross negligence or willful misconduct of Midstream Co. If Midstream Co is required to so interrupt or curtail receipts the performance of ProductServices, Midstream Co will advise (by telephone, following up by writing, which writing may be in the form of electronic mail) Producer of such interruption or curtailment as soon as practicable or in any event within 24 twenty-four hours after the occurrence of such event.
Appears in 1 contract
Samples: Fresh Water Services Agreement (Noble Midstream Partners LP)
Shutdown. During any period when all or any portion of the Individual System is shut down (i) because of maintenance, repairs or Force Majeure, (ii) because such shutdown is necessary to avoid injury or harm to Persons or property, to the environment or to the integrity of all or any portion of the Individual System or (iii) because providing Services hereunder has become uneconomic as further described in Section Section 13.2, Midstream Co may interrupt or curtail receipts of Producer’s Product, provided that any such interruption or curtailment of Original Producer’s volumes must be done in accordance with the priority provisions in Section 5.3(c). In such cases, Midstream Co shall have no liability to Producer (subject to Section Section 11.1(b)) for its failure to receive Product, except to the extent such shutdown is caused by the negligence, gross negligence or willful misconduct of Midstream Co. If Midstream Co is required to so interrupt or curtail receipts of Product, Midstream Co will advise (by telephone, following up by writing, which writing may be in the form of electronic mail) Producer of such interruption or curtailment as soon as practicable or in any event within 24 hours after the occurrence of such event.. Third Amended and Restated Crude Oil Gathering Agreement
Appears in 1 contract
Samples: Oil Gathering Agreement (Noble Midstream Partners LP)
Shutdown. During any period when all or any portion of the Individual System is shut down (i) because of maintenance, repairs or Force Majeure, (ii) because such shutdown is necessary to avoid injury or harm to Persons or property, to the environment or to the integrity of all or any portion of the Individual System or (iii) because providing Services hereunder has become uneconomic as further described in Section 13.2, Midstream Co may suspend, interrupt or curtail receipts of Producer’s Product, provided that any such suspension, interruption or curtailment of Original Producer’s volumes must be done in accordance with the priority provisions in Section 5.3(c). In such cases, Midstream Co shall have no liability to Producer (subject to Section 11.1(b)) for its failure to receive Product, except to the extent such shutdown is caused by the negligence, gross negligence or willful misconduct of Midstream Co. If Midstream Co is required to so suspend, interrupt or curtail receipts of Product, Midstream Co will advise (by telephone, following up by writing, which writing may be in the form of electronic mail) Producer of such suspension, interruption or curtailment as soon as practicable or in any event within 24 hours after the occurrence of such event.
Appears in 1 contract
Samples: Gas Gathering and Compression Agreement (Noble Midstream Partners LP)