Temporary Release. Midstream Co shall temporarily release from the Dedications: (i) any Dedicated Production from any Well, Dedicated Properties, or Spacing Unit affected by one or more of the Interruption Conditions, (ii) any Dedicated Production that would have been delivered to a Separator Facility affected by one or more of the Interruption Conditions, (iii) any Dedicated Properties affected by one or more of the Interruption Conditions, and (iv) any Purchased Dedicated Production for which the Individual System has been affected by one or more of the Interruption Conditions. The “Interruption Conditions” are:
Temporary Release. Midstream Co shall temporarily release from the Dedications: (i) any Dedicated Production from any Well, Dedicated Properties, or Spacing Unit to the extent affected by one or more of the Interruption Conditions, (ii) any Dedicated Production that would have been delivered to a Separator Facility to the extent affected by one or more of the Interruption Conditions, (iii) any Dedicated Properties to the extent affected by one or more of the Interruption Conditions, and (iv) any Purchased Dedicated Production that would have been delivered to a Individual System to the extent affected by one or more of the Interruption Conditions. The temporary release shall take effect upon written notice from Producer to Midstream Co of the occurrence of any Interruption Condition, unless expressly provided otherwise below. “Interruption Conditions” are:
Temporary Release. Producer shall be entitled to an immediate temporary release from the Dedication of any Committed Produced Water (i) produced from any Dedicated Xxxxx connected to a given Delivery Point if, at any time during the Term, the average daily pressure at such Delivery Point exceeds the applicable Maximum Delivery Point Pressure; or (ii) not accepted by Gatherer (or that could not have been accepted by Gatherer if tendered by Producer) for any reason at a given Delivery Point (including, without limitation, Force Majeure, a change in Applicable Law, Scheduled Maintenance, Emergency, Committed Produced Water rejected or refused by Gatherer pursuant to Article V, a Permitted Flow Rate Curtailment Event, the failure to provide, delay in providing, or other unavailability of any portion of the System to receive such Committed Produced Water, or a suspension of Services by Gatherer when it is entitled to do so pursuant to GTC Section XI(c)(1)); provided, that if Gatherer accepts and provides the Services for any such Committed Produced Water by other means on the same priority service level as such Committed Produced Water would have otherwise been received on the System, Producer shall pay Gatherer the applicable fees hereunder for such Committed Produced Water and such Committed Produced Water will not be subject to the temporary release provisions of this Section 3.3(a). As soon as practicable following the occurrence of a lack of available capacity on the System, but in no event later than [***] day after the date on which such capacity is unavailable to Producer, Gatherer shall notify Producer in writing of the reason for the inability to accept Constrained Volumes and of Gatherer’s reasonable expectation in good faith of the date on which such lack of available capacity will be fully remedied. If (x) Committed Produced Water is subject to a temporary release, and (y) if such temporary release is due to (A) Producer’s failure to deliver Produced Water at sufficient pressure to enter the Delivery Point in accordance with the terms and conditions hereof (up to the applicable Maximum Delivery Point Pressure), (B) Gatherer’s rejection of Non-Conforming Produced Water, or (C) a Permitted Flow Rate Curtailment Event (each of (A), (B) and (C), a “Curtailment Remediation Event”) then Producer shall promptly use Reasonable Efforts to remedy the cause of such temporary release. For any Constrained Volumes, Producer may, at its sole option, store or deliver all or any port...
Temporary Release. The first parenthetical in the first sentence of Section 3.8 of the Gathering Agreement is hereby deleted in its entirety and replaced with the following: “(other than those caused or contributed to by (a) the actions or inactions of any member of the Producer Group resulting in Xxxxxxxx being unable to accept or deliver Gas or comply with the terms hereof, (b) any event of Force Majeure declared by Producer, (c) Maintenance (except to the extent such Maintenance results in a Maintenance Deficiency), (d) the breach of this Agreement by any member of Producer Group or (e) a Work Rejection in connection with Planned Mining Operations)”
Temporary Release. Midstream Co shall temporarily release Producer from the Dedications with respect to any Fresh Water, Receipt Point, Water Source, Well, Spacing Unit, or Dedicated Properties affected by one or more of the Interruption Conditions. The “Interruption Conditions” are:
Temporary Release. Midstream Co shall temporarily release from the Dedications: (i) any Dedicated Production from any Well, Dedicated Properties, or Spacing Unit Texas Crude Oil Gathering Agreement
Temporary Release. Dedicated Production and any acreage covering such Dedicated Production may also be temporarily released from dedication under this Agreement (i) in accordance with and subject to the terms of Section 3.2(b) or Section 5.4(d), except to the extent such interruption or curtailment is caused by the acts or omissions of Producer, and (ii) in the event of a termination of Services pursuant to Section 13.2 that continues for a period of greater than 60 Days but less than the period specified in Section 2.4(a)(v). To the extent that an interruption or curtailment can be limited to a Facility Segment, Gatherer shall so limit such interruption or curtailment, and to the extent that Gatherer does so limit such curtailment or interruption, the temporary release permitted by this Section 2.4(b) shall only apply to the affected Facility Segment. Such temporary release shall terminate on the date specified herein or on the date notified in writing by Gatherer to Producer (which date shall, in all cases, be the first Day of a Month); provided that, if Producer obtained temporary services from a Third Party (pursuant to a contract that does not give rise to a default under this Agreement) during the pendency of the applicable interruption, curtailment or other temporary cessation described in this Section 2.4(b), such reservation shall continue until the earlier of (x) the first Day of the Month that is three Months after the event or condition that gave rise to the interruption, curtailment or other temporary cessation has been corrected and (y) the first Day of the Month after the termination of the applicable contract with such Third Party.
Temporary Release. (a) In the event that prior to a month or during a month Shipper nominates and has available for transportation (x) a daily quantity of production from Committed Lease(s) that in the aggregate exceeds the sum of (y) the daily amount of capacity available for transportation on Company's pipeline facilities under all of Shipper's existing FT-2 Service Agreements, plus (z) the daily quantity of IT service that Company notifies Shipper it reasonably expects to be able to provide to Shipper during such month, then Shipper shall upon request to Company be released for such month, or the remainder of such month, as applicable, from its obligations under Section 2.1 of a daily quantity of gas of up to (x) minus the sum of (y) plus (z) (the "Temporary Release Quantity").
Temporary Release. (a) In the event that HIOS is unable to accept Xxxxxxx's Gas for any reason (including, without limitation, a force majeure event as set forth in Section 13 of the General Terms and Conditions of HIOS' FERC Gas Tariff) and such inability is not the result of any action or inaction by Shipper ("HIOS' Inability"), Shipper shall be entitled to deliver to and transport Xxxxxxx's Gas on another pipeline(s) during the duration of HIOS' Inability.
Temporary Release. Effective quota may be temporarily released to the county committee for the current year.
