Curtailment; Release Sample Clauses
Curtailment; Release. (a) At any time when Carrier interrupts, curtails or otherwise fails or is unable to accept deliveries of all or part of the Committed Crude Oil on Carrier’s System (in each case, a “Curtailment”), up to the Peak Maximum Daily Quantity (“Peak MDQ”) as set forth in Exhibit “B” at a Receipt Point for any reason other than Force Majeure (including the failure to complete any facilities that Carrier is required to provide in accordance with this Agreement), Carrier shall, at its sole cost and expense, as soon as is practicable, use commercially reasonable efforts on Carrier’s System to cure the event or condition causing the Curtailment.
(b) At any time Carrier is unable to receive all or part of the Committed Crude Oil up to the Initial MDQ or Peak MDQ, as appropriate, at a Receipt Point or at Carrier’s Central Oil Storage Facility for any reason other than Force Majeure (including the failure to complete any facilities that Carrier is required to provide in accordance with this Agreement), the portion of the Committed Crude Oil which is being curtailed upstream of the affected Receipt Point will be, and is hereby, temporarily released from this Agreement (a “Temporary Release”), and Producer shall be free to transport such Committed Crude Oil under other arrangements including trucking arranged and paid for by Producer (collectively, “Alternative Curtailment Arrangements”). At Producer’s option, any portion of the Committed Crude Oil which is being curtailed upstream of the affected Receipt Point may be delivered to Carrier’s Central Oil Storage Facility for delivery to the PPLP Z285 Station. For the duration of such Curtailment, Carrier shall not charge a Gathering Fee and shall reimburse Producer for all reasonable, out-of-pocket costs and expenses incurred by Producer in excess of the Joint Tariff Fee then in effect with respect to such Alternative Curtailment Arrangement.
(c) In the event of a Curtailment involving the PPLP Z285 Station, then Carrier shall take all necessary and reasonable steps to accommodate truck loading arranged by Producer with the highest level of service priority of the maximum volume possible of Producer’s Committed Crude Oil volumes at Carrier’s Central Oil Storage Facility and Carrier shall bear no costs or expense due to a Curtailment involving the PPLP Z285 Station. For the duration of such Curtailment, Carrier shall not charge a Joint Tariff Fee on such curtailed volumes but shall be entitled to charge only a Gathering Fee a...
