Shipper Default definition

Shipper Default means the meaning ascribed to it in Section 16.2;

Shipper Default has the meaning set forth in Section 7.1;

Shipper Default has the meaning ascribed to it in Section 8.2 hereof. "Shipper's Nomination" has the meaning ascribed to it in the Tariff. "TAC Receipt Point" has the meaning ascribed to it in the Tariff.

Examples of Shipper Default in a sentence

• If an event referred to in any one or more of clauses 22.1(a) to 22.1(f) (inclusive) occurs, then the Operator may give notice in writing to the Shipper specifying the nature of the default and requiring the Shipper to rectify the default (Shipper Default Notice).

• Shipper is found to be materially in breach of any warranty given to Operator in this Contract, or if any statement or representation made by any means or in any document by Shipper to Operator, is found to be false or misleading in any material particular,and Shipper fails to remedy that event within the relevant period determined in accordance with clause 22.3(b) following the giving of a Shipper Default Notice by Operator.

• In the event of an uncured Transporter Default or Shipper Default, then either Transporter or Shipper may thereafter terminate this Transportation Service Agreement by giving one hundred and twenty (120) days prior written notice of its intent to terminate to the defaulting or non-terminating Party; but if the default is cured within such notice period, then termination will not be effective.

• Upon the occurrence of a Critical Shipper Default, Transporter may bring suit at law, in equity or otherwise, for any available relief or purpose, including but not limited to: (i) the specific performance of, or declaratory relief with respect to any covenant or agreement of Shipper or Shipper’s Guarantor in the Service Agreement; or (ii) the recovery of judgment for any and all amounts due in respect of the Early Termination Charge.

• The rights and remedies of Transporter arising from a Critical Shipper Default are cumulative and any single or partial exercise by Transporter of any right or remedy shall not be deemed to be a waiver of, or to alter, affect or prejudice any other rights or remedies to which Transporter may be entitled for the same default.

More Definitions of Shipper Default

Shipper Default has the meaning ascribed to it in Article 7.2 hereof.

Shipper Default shall have the meaning given to such term in Section 6.1 of this Agreement.

Shipper Default the occurrence and continuation of (i) a breach or default by Shipper of any of its payment obligations under this Agreement or the Tariff, or (ii) a material breach or default by Shipper of any of its obligations under this Agreement or the Tariff, unless such breach or default, or material breach or default, as applicable, occurs as a result of a breach or default by Gatherer of its obligations under this Agreement or the Tariff. 19.2

Shipper Default the occurrence and continuation of (i) a breach or default by Shipper of any of its payment obligations under this Agreement or the Tariff, or (ii) a material breach or default by Shipper of any of its obligations under this Agreement or the Tariff, unless such breach or default, or material breach or default, as applicable, occurs as a result of a breach or default by Carrier of its obligations under this Agreement or the Tariff. For the avoidance of doubt, Shipper’s delivery of Raw Make that complies with the Raw Make Quality Specifications shall not constitute a Shipper Default notwithstanding any claim by Third Party Shippers or downstream recipients of Raw Make that the Raw Make stream tendered by Carrier fails to meet the quality specifications of the downstream recipient of Raw Make due to an ethane composition lower than the minimum ethane percentage required by such downstream recipient of Raw Make and Shipper shall bear no liability to Carrier or any third party for any Claims or Losses due to the Raw Make stream tendered by Carrier to any downstream recipient having an ethane composition percentage lower than the minimum ethane composition percentage in such downstream recipients’ quality specifications.

Shipper Default shall have the meaning given to such term in Section 19.1 of this Agreement. “Shipper Default Notice” shall have the meaning given to such term in Section 19.2 of this Agreement. “Shipper Indemnified Party” means Shipper and its Affiliates, and all of its and their respective equityholders, partners, members, directors, officers, managers, employees, agents and representatives. “Shipper’s Maximum Daily Quantity” or “MDQ” shall mean, with respect to any Contract Year, the volume of Crude Oil (expressed in BPD) set forth for such Contract Year in the table captioned “MDQ” in Exhibit B attached hereto, for which Shipper shall receive Priority Service as set forth in Section 6.2 hereof. With respect to any Contract Year beginning on or after the fourth (4th) anniversary of the Commencement Date, Gatherer shall have the option, by delivering written notice to Shipper on or before the date that is thirty (30) Days prior to the start of any such Contract Year, to reduce Shipper’s Maximum Daily Quantity for such Contract Year to an amount equal to the lesser of (x) the MDQ that was in effect at the end of the immediately preceding Contract Year or (y) 110% of the ADV of Shipper Crude Oil delivered or available for delivery hereunder by Shipper to Gatherer during the immediately preceding twelve (12)

Shipper Default has the meaning given to it in Section 9.01;

Shipper Default is defined in Section 14(a).