Common use of Permanent Release Clause in Contracts

Permanent Release. Except for the six (6) month period commencing as of the Initial System In-Service Date, and subject to Section 2.5 in the context of future expansion beyond the Initial System, as applicable, in the event Gatherer has not accepted delivery of the entire quantity of Producer's Gas made available by Producer at the Receipt Points for any reason whatsoever, including, without limitation, curtailment, Force Majeure or maintenance affecting Gatherer's Gas System or any downstream pipeline or processing plant, for a continuous period of ninety (90) consecutive days, or one hundred and twenty (120) days within a one hundred eighty (180) day period, Producer shall have the right to have the Leases and W▇▇▇▇ affected thereby permanently released from this Agreement (a "Permanent Release ") by delivering written notice thereof to Gatherer within thirty (30) days after the expiration of any such ninety (90) consecutive day period or one hundred eighty (180) day period, as applicable. Furthermore, the applicable Minimum Volume for each Accounting Period remaining during the Commitment Period shall be reduced by the estimated average daily volumes subject to Permanent Release for each such Accounting Period, in accordance with estimates of anticipated volumes previously provided by Producer pursuant to Section 2.7 that would have been delivered to Gatherer's Gas System had the Permanent Release not occurred (the "Permanently Released Volumes").

Permanent Release. Except for the six (6) month period commencing as of the Initial System In-Service Date, and subject to Section 2.5 in the context of future expansion beyond the Initial System, as applicable, in the event Gatherer Transporter has not accepted delivery of the entire quantity of Producer's Gas Crude made available by Producer at the Receipt Points for any reason whatsoever, including, without limitation, curtailment, Force Majeure or maintenance affecting GathererTransporter's Gas Crude System or any downstream pipeline or processing planttransporter, for a continuous period of ninety (90) consecutive days, or one hundred and twenty (120) days within a one hundred eighty (180) day period, Producer shall have the right to have the Leases and W▇▇▇▇ affected thereby permanently released from this Agreement (a "Permanent Release Release") by delivering written notice thereof to Gatherer Transporter within thirty (30) days after the expiration of any such ninety (90) consecutive day period or one hundred eighty (180) day period, as applicable. Furthermore, the applicable Minimum Volume Barrels for each Accounting Period remaining during the Commitment Period shall be reduced by the estimated average daily volumes Barrels produced from the Leases and W▇▇▇▇ subject to Permanent Release for each such Accounting Period, in accordance with estimates of anticipated volumes barrels previously provided by Producer pursuant to Section 2.7 that would have been delivered to GathererTransporter's Gas Crude System had the Permanent Release not occurred (the "Permanently Released VolumesBarrels").