Examples of Exceedance in a sentence
If an FLG Exceedance has occurred and Gatherer fails to provide the FLG Proposal to Shipper within forty-five (45) days after receipt of Shipper’s Notice, then Gatherer will pay Shipper the FLG Reimbursement for that FLG Quarter within ninety (90) days after receipt of Shipper’s Notice.
Commencing after December 31, 2011, and subject to the additional terms defined and set forth in Exhibit 9.4, if Gatherer’s calculations pursuant to Section 2.2 of Exhibit 9.4 indicate that an FLG Exceedance has occurred in any Super-System or System, the FLG Report sent by Gatherer shall include an explanation, system balance report, and cost estimate for a remedy that is reasonably expected to prevent Fuel and Lost Gas from exceeding the Total FLG Cap in the future (“FLG Proposal”).
All calculations under this Exhibit “9.4”, including, without limitation, Total FLG Cap, FLG Exceedance, and FLG Reimbursements, are to be calculated independently as appropriate for each System.
Upon receipt of written request from Shipper (“Shipper’s Notice”) provided within thirty (30) days after Shipper receives the Quarterly Report, Gatherer shall calculate the Actual FLG, Total FLG Cap, FLG Exceedance, and FLG Reimbursements for such System for the previous FLG ANCHOR SHIPPER GAS GATHERING AGREEMENT FOR NORTHERN PENNSYLVANIA - AMS AS GATHERER - EPSILON AS SHIPPER Quarter and submit the data to Shipper (“FLG Report”) within forty-five (45) days after receipt of Shipper’s Notice.
The Servicer shall have a period of sixty (60) days in which to cure such occurrence by bringing the related Performance Standard to within agreed to service levels in the second full month following the month in which such Exceedance occurs.