Common use of Capacity Curtailment Clause in Contracts

Capacity Curtailment. Notwithstanding any provision contained in this Agreement, Gatherer shall have the right to curtail, interrupt or discontinue receipts and/or deliveries of Producer’s Crude Oil into the Gathering System for such periods of time as Gatherer may reasonably require for the purpose of effecting or allowing any repairs, Maintenance, replacement, upgrading or other work related to the Gathering System and related facilities or downstream facilities in circumstances which do not constitute a Force Majeure event. If such interruption is due to a planned outage, Gatherer will provide Producer prior notice of such interruption and curtailment as soon as reasonably possible, and Gatherer will use reasonable commercial efforts to minimize the extent and duration of any interruption and the impact of such interruption on the operation of the Gathering System. During such periods of interruption, Gatherer may curtail gathering and shall allocate available capacity in accordance with the prorationing provisions of the Tariff. In addition, when more Crude Oil is nominated for gathering than can be transported based on Gatherer’s determination of its Gathering System capacity or the capacity of any line segments, Gatherer shall apportion the available capacity in accordance with the prorationing provisions of the Tariff. During times when Services are curtailed on the Gathering System pursuant to this Section 6.2, Producer shall have the right to proceed as set forth in [***].