Termination After Commencement Date. The parties agree that, notwithstanding the provisions of Section 5.08 of the Contract and the provisions of Article XII of the M13 Rate Schedule “A 2013” and subject to Subsection 2(b)(i) immediately below, in the event of a termination of the Contract as of and from the Commencement Date due to an unremedied Shipper default under the Contract, that notwithstanding such termination, Shipper shall become immediately liable for the payment of all amounts payable to Enbridge during what would otherwise have been the remainder of the Term (the “Balance”).
i. The parties agree, in the event the Balance is payable pursuant to this paragraph (b), that the second paragraph of Article XII Default and Termination of M13 Rate Schedule “A 2013” (or any subsequent replacement or amendment thereof) is of no force and effect, and is instead replaced by the following: “In the event that the Contract is terminated pursuant to Section 2. Termination and Default, paragraph (b) of the Special Provisions contained in Schedule 1, the parties hereto agree that they shall continue to be bound only by the terms and conditions set forth in the Contract but only for the purpose of:
(i) Determining the actual quantities in Xxxxxxx's Producer Balancing Account with such determination being subject to Article X. Such extended period of time shall not exceed one
(1) year from the date of termination of the Contract; and
(ii) Shipper paying to Enbridge the Balance, which amount shall be paid to Enbridge within 30 days after such invoice is issued by Enbridge. Should Shipper fail to pay all or part of the invoice Shipper shall pay to Enbridge interest on the unpaid portion of the invoice accruing at a rate per annum equal to the minimum commercial lending rate of Enbridge's principal banker in effect from time to time from the due date until the date of payment.”
Termination After Commencement Date. The parties agree that, notwithstanding the provisions of Section 5.08 of the Contract and the provisions of Article XII of the M13 Rate Schedule “A 2013” and subject to Subsection 2(b)(i) immediately below, in the event of a termination of the Contract as of and from the Commencement Date due to an unremedied Shipper default under the Contract, that notwithstanding such termination, Shipper shall become immediately liable for the payment of all amounts payable to Enbridge during what would otherwise have been the remainder of the Term (the “Balance”).
i. The parties agree, in the event the Balance is payable pursuant to this paragraph (b), that the second paragraph of Article XII Default and Termination of M13 Rate Schedule “A 2013” (or any subsequent replacement or amendment thereof) is of no force and effect, and is instead replaced by the following: “In the event that the Contract is terminated pursuant to Section
