Waiver of Delivery Obligation. On any Delivery Day, Utility shall maintain its distribution facilities downstream of the Delivery Point(s) in a way that permits UGIES to deliver the Scheduled Quantities, otherwise UGIES shall be relieved of its obligation to deliver the Scheduled Quantities for the period and to the extent that Utility's distribution facilities do not permit such deliveries. Once Utility's distribution facilities have been corrected by Utility, UGIES shall use commercially reasonable efforts to supply the entire amount nominated by Utility for that Delivery Day. Any waiver of delivery obligations pursuant to this Section 3.5 shall not affect Utility's right to receive its TWE during any Winter Season.
Waiver of Delivery Obligation. On any day that Utility nominates service, Utility shall maintain its distribution facilities downstream of the Delivery Point(s) in a way that permits GASMARK to deliver the Scheduled Quantities. If Utility fails to maintain its distribution facilities downstream of the Delivery Point(s) or has insufficient flow-by of Natural Gas at the point of interconnection with the Facilities, such that GASMARK is unable to deliver the Scheduled Quantities, then GASMARK shall be relieved of its obligation to deliver the Scheduled Quantities for the period and to the extent that Utility's distribution facilities or the absence of flow-by do not permit such deliveries. Once the Utility's distribution facilities or the absence of flow-by condition has been corrected by Utility, GASMARK shall use commercially reasonable efforts to supply the entire amount nominated by Utility for that gas day. Any waiver of delivery obligations pursuant to this Section 3.5 shall not affect Utility's right to receive its TWE during any Winter Season.
Waiver of Delivery Obligation. On any Delivery Day, Utility shall maintain its distribution facilities downstream of the Delivery Point(s) in a way that permits UGI ES to deliver the Scheduled Quantities, otherwise UGI ES shall be relieved of its obligation to deliver the Scheduled Quantities for the period and to the extent that Utility’s distribution facilities do not permit such deliveries. Once the Utility’s distribution facilities have been corrected by Utility, UGI ES shall use commercially reasonable efforts to supply the entire amount nominated by Utility for that Delivery Day.
Waiver of Delivery Obligation. On any Delivery Day, Utility shall maintain its distribution facilities downstream of the Delivery Point(s) in a way that permits UGIES to deliver the Scheduled Quantities, otherwise UGIES shall be relieved of its obligation to deliver the Scheduled Quantities for the period and to the extent that Utility's distribution facilities do not permit such deliveries. Once the Utility’s distribution facilities have been corrected by Utility, UGIES shall use commercially reasonable efforts to supply the entire amount nominated by Utility for that Delivery Day.
