Examples of Shipper Default in a sentence
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.
In the event of a Shipper Default that is then continuing, the Carrier shall have the right to terminate this Agreement by giving thirty (30) days prior written notice of its intent to terminate to the Shipper; but if the Shipper Default is cured within such notice period, then termination will not be effective.
Upon the occurrence and continuation of a Shipper Default under Section 7.1, the Carrier shall, at its option, have the right to (i) receive damages as would be available under law by giving notice to the Shipper; and/or (ii) terminate this Agreement in accordance with Section 7.3.
Provided a Shipper Default shall not have occurred and be continuing, to the extent permitted by Applicable Law, during the Initial Term, the Carrier shall not offer transportation service on the Pipeline on either a committed or uncommitted basis for an aggregate toll from an Origination Point to the Delivery Point that is less than the then applicable Committed Toll.
For greater clarity, Shipper may transfer Shipper’s rights and obligations with respect to all or any portion of the Committed Volume to an Affiliate of the Shipper, if the Affiliate satisfies the provisions of Article 14, except that if a Shipper Default has occurred and is continuing, the prior written consent of Carrier shall be required, which consent shall not be unreasonably withheld.