Common use of Curtailments Clause in Contracts

Curtailments. (a) Any curtailments of Handling capacity at the WECU Facilities: (i) shall be applied first to Handling Services provided on an Interruptible Access basis; and (ii) shall be applied secondly to Handling Services provided on a Priority Access basis. WECU shall use reasonable efforts to allocate available Handling capacity on the basis set forth in clauses 3.6(b) and (c). (b) Curtailments of Interruptible Access Handling Services shall be allocated among the holders of such Interruptible Access capacity on a pro rata basis, based on the relative average Interruptible Access capacity utilized by each such capacity holder during the 90 day period prior to the curtailment. (c) Curtailments of Priority Access Handling Services shall be allocated among the holders of such Priority Access capacity hereunder based upon the capacity reserved for the customers of such capacity holders on a firm capacity basis at the applicable WECU Facilities during the 90 day period prior to the curtailment on a pro rata basis during such period, excluding from such calculation any days during that 90 day period that any such customer was unable to utilize the normal daily volume of such capacity due to an event of force majeure, a turnaround or facilities maintenance or repair which causes such customer’s facilities upstream of the Boreal Pipeline to not operate under normal operating conditions.