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:
(i) the occurrence and continuation of an uncured default by Midstream Co;
(ii) Midstream Co’s interruption or curtailment of receipts and deliveries of Product pursuant to Section 5.5 that continues for a period of 30 consecutive Days, except to the extent Producer elects to reduce the Individual Fee with respect to any volumes that are affected by a Downtime Event pursuant to Section 6.2(c);
(iii) Until a permanent release is required under Section 2.4(a) or Section 13.2, Midstream Co’s suspension of Services pursuant to Section 13.2(a) (and, if Section 13.2(a)(i) applies, such temporary release shall continue at the discretion of Midstream Co, subject to the time limits set forth in Section 13.2(a)(i)); and
(iv) Midstream Co’s election not to expand an Individual System or System pursuant to Section 13.2(b). Producer may make alternative arrangements for the gathering of any Dedicated Production temporarily released from the Dedications pursuant to this Section 2.4(b). To the extent that an interruption or curtailment can be limited to a Facility Segment, Midstream Co shall so limit such interruption or curtailment, and to the extent that Midstream Co 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 continue until the first Day of the Month after the Month during which Midstream Co cures the applicable default or the interruption, curtailment, or suspension of Services terminates; 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 such default, interruption, curtailment, or suspension, such release shall continue until the earlier of (A) the first Day of the Month that is six Months after the event or co...
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
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 4.4(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 12.2 that continues for a period of greater than 60 Days but less than the period specified in Section 2.4(a)(vi). 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. If at any time Gatherer interrupts or curtails receipts and deliveries of Gas pursuant to this Section 4.4 for a period of 30 consecutive Days, then at Producer’s written request, the affected volumes of Gas shall be temporarily released from dedication to this Agreement commencing as of the date of such request and ending on the date described in Section 2.4(b).
Temporary Release. Notwithstanding anything in this Agreement to the contrary, if Processor is unable, whether due to Plant Interruptions or otherwise (except for circumstances caused by the gross negligence or willful misconduct of Customer), to provide processing services in one or more of the Plants with respect to all or any volume of the Customer Gas that meets the Specifications, then that volume of such Customer Gas for which Processor is unable to provide processing services (the “Temporary Affected Volume”) will be temporarily released from the Dedication and the Temporary Affected Volume may be delivered by Customer to other gathering systems, processors or pipelines until Processor provides to Customer written notice that Processor will be able to resume receiving the Temporary Affected Volume hereunder. Customer shall resume delivery of the Temporary Affected Volume under this Agreement as soon as reasonably practicable after receiving such notice from Processor. As soon as practicable after a temporary release, the Parties shall attempt to reach agreement on a solution to the cause of such service interruption.
Temporary Release. Notwithstanding anything herein to the contrary, and in addition to any other remedies that Seller may have under this Agreement, at any time after the In-Service Date when Buyer curtails or is otherwise unable to accept all of Seller’s deliveries of Committed Gas for any reason, and there exists no uncured material breach of this Agreement on the part of the Seller, the volumes affected will be, and are hereby, released from this Agreement for a period of time corresponding with Buyer’s curtailment or inability to otherwise accept Seller’s deliveries, and Seller will be free to dispose of such affected volumes under other arrangements for such period. At such time as receipts and deliveries of Committed Gas are no longer interrupted or curtailed, Buyer may resume receipts of released volumes only upon thirty (30) days’ advance written notice as of the beginning of a month unless otherwise agreed.
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").
(b) The Temporary Release Quantity shall be deemed to be the last quantities produced, so that any release under this Section 2.6 is applicable only to the daily production quantity in excess of the quantity that Company is able to accept into Company's pipeline facilities on a given day.
(c) Shipper may deliver the Temporary Release Quantity from any of its Committed Lease(s) which Shipper chooses.
