Common use of Downtime Events Clause in Contracts

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. If during any Month (i) there has been a Downtime Event, (ii) such Downtime Event was not a result of Producer’s (A) production exceeding the production forecast in the Development Report on which the Individual System was based, or (B) delivery of Product outside of the pressure ranges permitted by Section 5.4(d), (iii) such Downtime Event caused the Downtime Percentage for any Individual System during any 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(y6.1(i)(y) shall be reduced by the reduction percentage corresponding to the applicable Downtime Percentage on the chart on Exhibit B.