Common use of Treatment of Condensate and Chilled Water Clause in Contracts

Treatment of Condensate and Chilled Water. Buyer shall not interfere with, or restrict (other than to extract its Thermal Energy requirements), or contaminate in any way the flows of steam, condensate or chilled water supplied to or collected from Buyer hereunder. Buyer agrees to compensate Seller for the reasonable costs of treating or replacing any condensate or chilled water that is either contaminated or not returned, after making allowance for reasonable losses occurring within normal operating conditions by Buyer, as reasonably demonstrated by Seller to Buyer. Further, it is agreed that Seller may suspend service if Buyer fails to cure any contamination of steam, condensate or chilled water caused by Buyer, as reasonably demonstrated by Seller to Buyer, within thirty (30) days after being advised in writing by Seller of such contaminating, provided, however, that if the nature of such contamination is such that the same cannot reasonably be cured within such thirty (30) day period, Buyer shall not be deemed to be in default if it shall have commenced such cure within such thirty (30) day period and thereafter diligently and continuously prosecutes such cure to completion, and Seller may not suspend service to Buyer during such period of cure.

Appears in 3 contracts

Samples: Thermal Energy Service Agreement (Trump Hotels & Casino Resorts Inc), Thermal Energy Service Agreement (Trump Atlantic City Funding Inc), Thermal Energy Service Agreement (Trump Hotels & Casino Resorts Funding Inc)

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Treatment of Condensate and Chilled Water. Buyer shall not interfere with, or restrict (other than to extract its Thermal Energy requirements), or contaminate in any way the flows of steam, condensate or chilled water supplied to or collected from Buyer hereunder. , Buyer agrees to compensate Seller for the reasonable costs of treating or replacing any condensate or chilled water that is either contaminated or not returned, after making allowance for reasonable losses occurring within normal operating conditions by Buyer, as reasonably demonstrated by Seller to Buyer. Further, it is agreed that Seller may suspend service if Buyer fails to cure any contamination of steam, condensate or chilled water caused by Buyer, as reasonably demonstrated by Seller to Buyer, within thirty (30) days after being advised in writing by Seller seller of such contaminating, provided, however, that if the nature of such contamination is such that the same cannot reasonably be cured within such thirty (30) day period, Buyer shall not be deemed to be in default if it shall have commenced such cure within such thirty (30) day period and thereafter diligently and continuously prosecutes such cure to completion, and Seller may not suspend service to Buyer during such period of cure.

Appears in 1 contract

Samples: Thermal Energy Service Agreement (Trumps Castle Associates Lp)

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