Common use of Additional Rights to Refuse to Receive or Deliver Gas Clause in Contracts

Additional Rights to Refuse to Receive or Deliver Gas. (a) In addition to any other rights and remedies that may be available to it under this Contract or under any Law, if: (i) the Governor or any other person, regulatory authority or body declares a state of emergency under the Fuel, Energy and Power Resources Act 1972 (WA) or any successor, supplementary or similar Law and the Governor or such other person, regulatory authority or body makes emergency regulations or similar which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP; or (ii) the Coordinator of Energy or any other person, regulatory authority or body declares a state of emergency under the Energy Coordination Act 1994 (WA) or any successor, supplementary or similar Law and makes emergency orders or similar which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP; or (iii) the Minister or any other person, regulatory authority or body declares a state of emergency under the Emergency Management Act 2005 (WA) or any successor, supplementary or similar Law and the Minister or any other person, regulatory authority or body makes regulations or exercises any power under that act which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP, (any and all of these being a Declaration), then the Operator may, with prior notice to the Shipper wherever practicable, refuse to Receive Gas at an Inlet Point or refuse to Deliver Gas at an Outlet Point (or both) to the extent that the Operator in good faith believes it is necessary or desirable to comply with or deal with the Declaration and any associated emergency regulations, emergency orders, directions or advice received from any governmental or regulatory authority, person or body. (b) To the extent that the exercise of rights and remedies under clause 5.13(a) would not have occurred had the Operator taken the steps expected of a Reasonable and Prudent Person to prevent the relevant event occurring, or failing such prevention, to minimise the magnitude and duration of the need to refuse to Receive or Deliver Gas, the exercise of rights and remedies under clause 5.13(a): (i) is a Curtailment for the purposes of this Contract; and (ii) must be taken into account in determining whether Curtailments aggregated over a Gas Year cause the P1 Permissible Curtailment Limit to be exceeded. (c) If the Operator exercises any rights under clause 5.13(a), it must: (i) promptly give notice to the Shipper of the occurrence giving rise to the right of the Operator to exercise such rights, and the steps that the Operator intends to take under clause 5.13(a); and (ii) resume full performance of its obligations under this Contract as soon as reasonably practicable.

Additional Rights to Refuse to Receive or Deliver Gas. (a) In addition to any other rights and remedies that may be available to it under this Contract or under any Law, if: (i) the Governor or any other person, regulatory authority or body declares a state of emergency under the Fuel, Energy and Power Resources Act 1972 (WA) or any successor, supplementary or similar Law and the Governor or such other person, regulatory authority or body makes emergency regulations or similar which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP; or (ii) the Coordinator of Energy or any other person, regulatory authority or body declares a state of emergency under the Energy Coordination Act 1994 (WA) or any successor, supplementary or similar Law and makes emergency orders or similar which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP; or (iii) the Minister or any other person, regulatory authority or body declares a state of emergency under the Emergency Management Act 2005 (WA) or any successor, supplementary or similar Law and the Minister or any other person, regulatory authority or body makes regulations or exercises any power under that act which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP, (any and all of these being a Declaration), then the Operator may, with prior notice to the Shipper wherever practicable, refuse to Receive Gas at an Inlet Point or refuse to Deliver Gas at an Outlet Point (or both) to the extent that the Operator in good faith believes it is necessary or desirable to comply with or deal with the Declaration and any associated emergency regulations, emergency orders, directions or advice received from any governmental or regulatory authority, person or body. (b) To the extent that the exercise of rights and remedies under clause 5.13(a) would not have occurred had the Operator taken the steps expected of a Reasonable and Prudent Person to prevent the relevant event occurring, or failing such prevention, to minimise the magnitude and duration of the need to refuse to Receive or Deliver Gas, the exercise of rights and remedies under clause 5.13(a): (i) is a Curtailment for the purposes of this Contract; and (ii) must be taken into account in determining whether Curtailments aggregated over a Gas Year cause the P1 B1 Permissible Curtailment Limit to be exceeded. (c) If the Operator exercises any rights under clause 5.13(a), it must: (i) promptly give notice to the Shipper of the occurrence giving rise to the right of the Operator to exercise such rights, and the steps that the Operator intends to take under clause 5.13(a); and (ii) resume full performance of its obligations under this Contract as soon as reasonably practicable.

Additional Rights to Refuse to Receive or Deliver Gas. (a) In addition to any other rights and remedies that may be available to it under this Contract or under any Law, if: (i) the Governor or any other person, regulatory authority or body declares a state of emergency under the Fuel, Energy and Power Resources Act 1972 (WA) or any successor, supplementary or similar Law and the Governor or such other person, regulatory authority or body makes emergency regulations or similar which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP; or (ii) the Coordinator of Energy or any other person, regulatory authority or body declares a state of emergency under the Energy Coordination Act 1994 (WA) or any successor, supplementary or similar Law and makes emergency orders or similar which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP; or or 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 33 (iii) the Minister or any other person, regulatory authority or body declares a state of emergency under the Emergency Management Act 2005 (WA) or any successor, supplementary or similar Law and the Minister or any other person, regulatory authority or body makes regulations or exercises any power under that act which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP, (any and all of these being a Declaration), then the Operator may, with prior notice to the Shipper wherever practicable, refuse to Receive Gas at an Inlet Point or refuse to Deliver Gas at an Outlet Point (or both) to the extent that the Operator in good faith believes it is necessary or desirable to comply with or deal with the Declaration and any associated emergency regulations, emergency orders, directions or advice received from any governmental or regulatory authority, person or body. (b) To the extent that the exercise of rights and remedies under clause 5.13(a) would not have occurred had the Operator taken the steps expected of a Reasonable and Prudent Person to prevent the relevant event occurring, or failing such prevention, to minimise the magnitude and duration of the need to refuse to Receive or Deliver Gas, the exercise of rights and remedies under clause 5.13(a): (i) is a Curtailment for the purposes of this Contract; and (ii) must be taken into account in determining whether Curtailments aggregated over a Gas Year cause the P1 T1 Permissible Curtailment Limit to be exceeded. (c) If the Operator exercises any rights under clause 5.13(a), it must: (i) promptly give notice to the Shipper of the occurrence giving rise to the right of the Operator to exercise such rights, and the steps that the Operator intends to take under clause 5.13(a); and (ii) resume full performance of its obligations under this Contract as soon as reasonably practicable.

Additional Rights to Refuse to Receive or Deliver Gas. (a) In addition to any other rights and remedies that may be available to it under this Contract or under any Law, if: (i) the Governor or any other person, regulatory authority or body declares a state of emergency under the Fuel, Energy and Power Resources Act 1972 (WA) or any successor, supplementary or similar Law and the Governor or such other person, regulatory authority or body makes emergency regulations or similar which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP; or (ii) the Coordinator of Energy or any other person, regulatory authority or body declares a state of emergency under the Energy Coordination Act 1994 (WA) or any successor, supplementary or similar Law and makes emergency orders or similar which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP; or (iii) the Minister or any other person, regulatory authority or body declares a state of emergency under the Emergency Management Act 2005 (WA) or any successor, supplementary or similar Law and the Minister or any other person, regulatory authority or body 2021 - 2025 Access Arrangement for the DBNGP 33 makes regulations or exercises any power under that act which, in the opinion of the Operator or the Pipeline Trustee acting reasonably in the context of the declaration, will affect or is likely to affect the operation of the DBNGP, (any and all of these being a Declaration), then the Operator may, with prior notice to the Shipper wherever practicable, refuse to Receive Gas at an Inlet Point or refuse to Deliver Gas at an Outlet Point (or both) to the extent that the Operator in good faith believes it is necessary or desirable to comply with or deal with the Declaration and any associated emergency regulations, emergency orders, directions or advice received from any governmental or regulatory authority, person or body. (b) To the extent that the exercise of rights and remedies under clause 5.13(a) would not have occurred had the Operator taken the steps expected of a Reasonable and Prudent Person to prevent the relevant event occurring, or failing such prevention, to minimise the magnitude and duration of the need to refuse to Receive or Deliver Gas, the exercise of rights and remedies under clause 5.13(a): (i) is a Curtailment for the purposes of this Contract; and (ii) must be taken into account in determining whether Curtailments aggregated over a Gas Year cause the P1 T1 Permissible Curtailment Limit to be exceeded. (c) If the Operator exercises any rights under clause 5.13(a), it must: (i) promptly give notice to the Shipper of the occurrence giving rise to the right of the Operator to exercise such rights, and the steps that the Operator intends to take under clause 5.13(a); and (ii) resume full performance of its obligations under this Contract as soon as reasonably practicable.