Downtime Events Clause Samples

Downtime Events. If during any Month (as applicable, the “Applicable Month”), (i) one or more Downtime Events occur with respect to a Facility Segment, (ii) such Downtime Events caused the Downtime Percentage for such Facility Segment during the Applicable Month to exceed the lowest percentage specified on Exhibit B during such Month, and (iii) Producer has waived its right to a temporary release of Dedicated Production under Section 2.4(b)(ii), then the Individual First Phase Fee for the applicable Facility Segment shall be reduced by the reduction percentage corresponding to the applicable Downtime Percentage on the chart on Exhibit B during each hour in which such Facility Segment is available to provide Services (an “Operating Hour”) during the subsequent Month until the reduced Individual First Phase Fee has been applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. If the aggregate number of Operating Hours during the subsequent Month is less than the aggregate number of Downtime Hours during the Applicable Month, the applicable reduced Individual First Phase Fee shall be applied to Operating Hours during the next-subsequent Month or Months until the reduced Individual First Phase Fee has been applied to an aggregate number of Operating Hours equal to the aggregate number of Downtime Hours during the Applicable Month. A reduced Individual First Phase Fee that would otherwise apply during any Month subsequent to an Applicable Month shall not be applied until all Downtime Hours from previous Applicable Months have been addressed as provided in this Section 6.2(c). At all times during which the Parties to this Agreement are also party to another Transaction Document that covers Crude Oil, Downtime Hours shall not accrue under this Agreement during the period of time in which a Downtime Event with respect to a Facility Segment connecting to a central facility on the System is occurring at the same time a Downtime Event with respect to a Facility Segment connecting to the same central facility on the Crude Oil Gathering System is occurring.

Downtime Events. If during any Month (i) there has been a Downtime Event, (ii) such Downtime Event was not a result of Producer’s production exceeding the production forecast in the Development Report on which the Individual System was based, (iii) such Downtime Event caused the Downtime Percentage for any Individual System during such Month to exceed the lowest percentage specified on Exhibit B during such Month, and (iv) Producer has waived its right to a temporary release of Dedicated Production under Section 2.4(b), then the Individual Fee with respect to such Individual System used to calculate the amounts owed for such Month under Section 6.1(y) shall be reduced by the reduction percentage corresponding to the applicable Downtime Percentage on the chart on Exhibit B.

Downtime Events. Downtime is defined as any event, within YPS control, which includes the physical facility and direct internet connections of YPS facilities and contracted hosts, which prohibits access for a period of time that is greater than 5 minutes, except as allowed for in Exhibit C, paragraph B. An example of a non-YPS controlled event is a Pacific B▇▇▇ service interruption, which renders the entire internet backbone inoperable, for 3 hours due to a switching station fire.

Downtime Events. (i) If during any Month (A) there has been a Downtime Event, (B) such Downtime Event was not a result of Producer’s (1) production exceeding the production forecast in the Development Report on which the Individual System was based, (2) delivery of Product outside of the pressure ranges permitted by Section 5.4(d), or (3) non-compliance with this Agreement, (C) such Downtime Event caused the Curtailment Percentage for any Individual System during any such Month to exceed the Curtailment Allowance during such Month, and (D) Producer has waived its right to a temporary release of Dedicated Production under Section 2.4(b), then the Individual Fee with respect to such Individual System used to calculate the amounts owed for such Month under Section 6.1(i)(y) shall be reduced as set forth on Exhibit B. (ii) Midstream Co may curtail up to 4.5% of the volume of Producer’s Dedicated Production that is less than or equal to the capacity for the Individual System as set forth in the applicable System Plan for an Individual System (and there shall be no limit on curtailment of any volumes over the capacity as set forth in the applicable System Plan) (such 4.5% allowance, the “Curtailment Allowance”). (iii) The actual percentage of Producer’s Dedicated Production that has been curtailed as a result of Downtime Events (as described in Section 6.2(c)(i)(B)) during each Month (the “Curtailment Percentage”) on an Individual System shall be calculated as: Curtailment Percentage (expressed as a percentage) = (1 - [ (A / B) / C ] ) x (B / D), where A = (expressed as a number) the aggregate volume (in MMBtus) of Producer’s Dedicated Production delivered into and received on such Individual System on any and all Days that a Downtime Event (as described in Section 6.2(c)(i)(B)) occurred during such Month; B = the number of Days that a Downtime Event (as described in Section 6.2(c)(ii)) occurred during such Month; C = (expressed as a number) the average Daily volume (in MMBtus) of Producer’s Dedicated Production delivered into and received on such Individual System during the most recently ended 7-Day period that had zero Downtime Events (as described in Section 6.2(c)(ii)) occurred during such Month plus (ii) for any new Planned ▇▇▇▇▇ (A) that had an On-Line Deadline during the Downtime Event, (B) were not released pursuant to Section 2.4 and (C) but for the Downtime Event, would be ready to flow Dedicated Production, the volumes estimated by Original Producer in the Developmen...

Downtime Events. Subject to any applicable exclusions described below, the following shall be events that qualify as Downtime: html web pages hosted by Licensor that are used by Customer access and control the Licensor Service are not accessible to Licensor’s standard and customary monitoring tools over 4 successive polling attempts.

Downtime Events. Consistent with DAC's quality assurance policy, DAC will use all commercially reasonable efforts to avoid Downtime Events, including the following: