Common use of Apportionment of Shipper's Curtailments Clause in Contracts

Apportionment of Shipper's Curtailments. (a) Subject to clause 17.10(b), if the Shipper has: (i) Daily Nominations for a Capacity Service or otherwise has a right to Deliver Gas at more than one Inlet Point, the Operator must apportion any refusals to Receive Gas across those Inlet Points in the manner required by the Shipper; (ii) Daily Nominations for a Capacity Service or otherwise has a right to Receive Gas at more than one Outlet Point, the Operator must apportion any refusals to Deliver Gas across those Outlet Points in the manner required by the Shipper; or (iii) Contracted Capacity or Daily Nominations (or both) at more than one Inlet Point or Outlet Point - the Operator must apportion any Curtailment of the Shipper's Capacity Service at the Inlet Points or Outlet Points across those Inlet Points or Outlet Points in the manner required by the Shipper. (b) The Operator is not required to make the apportionment referred to in clause 17.10(a) if: (i) acting as a Reasonable and Prudent Person, the Operator considers it is not Technically Practicable to do so; (ii) acting as a Reasonable and Prudent Person, the Operator considers the circumstances do not reasonably allow the Operator to consult with Xxxxxxx as to the apportionment or wait for the Shipper's response following such consultation; or (iii) the Operator has requested the Shipper notify the Operator of its apportionment, and the Shipper has not done so by the end of the relevant Gas Day, in which case the Operator may apportion the refusal across the relevant inlet points or outlet points (as the case may be) in the manner it considers appropriate. (c) The Shipper may at any time and from time to time propose to the Operator an apportionment mechanism which will operate as a standing requirement as to how the Operator must apportion any: (i) refusals to Receive Gas across Inlet Points; (ii) refusals to Deliver Gas across Outlet Points; or (iii) Curtailments across Inlet Points and Outlet Points. (d) The Operator and the Shipper must, in good faith, attempt to agree any apportionment mechanism for the purposes of this clause 17.10. If the Operator and the Shipper have not agreed an apportionment mechanism for the purposes of this clause 17.10 within 1 month from the date of the Shipper's proposal, either Party may refer this Dispute to an Independent Expert under clause 24 for determination as a Technical Matter. (e) If the Operator and the Shipper have agreed an apportionment mechanism or an apportionment mechanism has been determined by an Independent Expert for the purposes of this clause 17.10, then the Operator must apportion any: (i) refusals to Receive Gas; (ii) refusals to Deliver Gas; or (iii) Curtailments, in accordance with that mechanism. (f) If no apportionment mechanism has been proposed by the Shipper or agreed or determined under clause 17.10(d), and it becomes necessary to effect an apportionment of the kind referred to in clause 17.10(b), the apportionment may be effected by the Operator acting as a Reasonable and Prudent Person and must in that case be notified by the Operator to the Shipper as soon as practicable after the end of the relevant Gas Day.

Apportionment of Shipper's Curtailments. (a) Subject to clause 17.10(b), if the Shipper has: (i) Daily Nominations for a Capacity Service or otherwise has a right to Deliver Gas at more than one Inlet Point, the Operator must apportion any refusals to Deliver Receive Gas across those Inlet Points in the manner required by the Shipper; (ii) Daily Nominations for a Capacity Service or otherwise has a right to Receive Gas at more than one Outlet Point, the Operator must apportion any refusals to Receive Deliver Gas across those Outlet Points in the manner required by the Shipper; or (iii) Contracted Capacity or Daily Nominations (or both) at more than one Inlet Point or Outlet Point - the Operator must apportion any Curtailment of the Shipper's Capacity Service at the Inlet Points or Outlet Points across those Inlet Points or Outlet Points in the manner required by the Shipper. (b) The Operator is not required to make the apportionment referred to in clause 17.10(a) if: (i) acting as a Reasonable and Prudent Person, the Operator considers it is not Technically Practicable to do so; (ii) acting as a Reasonable and Prudent Person, the Operator considers the circumstances do not reasonably allow the Operator to consult with Xxxxxxx as to the apportionment or wait for the Shipper's response following such consultation; or (iii) the Operator has requested the Shipper notify the Operator of its apportionment, and the Shipper has not done so by the end of the relevant Gas Day, in which case the Operator may apportion the refusal across the relevant inlet points or outlet points (as the case may be) in the manner it considers appropriate. (c) The Shipper may at any time and from time to time propose to the Operator an apportionment mechanism which will operate as a standing requirement as to how the Operator must apportion any: (i) refusals to Receive Gas across Inlet Points; (ii) refusals to Deliver Gas across Outlet Points; or (iii) Curtailments across Inlet Points and Outlet Points. (d) The Operator and the Shipper must, in good faith, attempt to agree any apportionment mechanism for the purposes of this clause 17.10. If the Operator and the Shipper have not agreed an apportionment mechanism for the purposes of this clause 17.10 within 1 month from the date of the Shipper's proposal, either Party may refer this Dispute to an Independent Expert under clause 24 for determination as a Technical Matter. (e) If the Operator and the Shipper have agreed an apportionment mechanism or an apportionment mechanism has been determined by an Independent Expert for the purposes of this clause 17.10, then the Operator must apportion any: (i) refusals to Receive Gas; (ii) refusals to Deliver Gas; or (iii) Curtailments, in accordance with that mechanism. (f) If no apportionment mechanism has been proposed by the Shipper or agreed or determined under clause 17.10(d), and it becomes necessary to effect an apportionment of the kind referred to in clause 17.10(b), the apportionment may be effected by the Operator acting as a Reasonable and Prudent Person and must in that case be notified by the Operator to the Shipper as soon as practicable after the end of the relevant Gas Day.,

Apportionment of Shipper's Curtailments. (a) Subject to clause 17.10(b), if the Shipper has: (i) Daily Nominations for a Capacity Service or otherwise has a right to Deliver Gas at more than one Inlet Point, the Operator must apportion any refusals to Receive Gas across those Inlet Points in the manner required by the Shipper; (ii) Daily Nominations for a Capacity Service or otherwise has a right to Receive Gas at more than one Outlet Point, the Operator must apportion any refusals to Deliver Gas across those Outlet Points in the manner required by the Shipper; or (iii) Contracted Capacity or Daily Nominations (or both) at more than one Inlet Point or Outlet Point - the Operator must apportion any Curtailment of the Shipper's Capacity Service at the Inlet Points or Outlet Points across those Inlet Points or Outlet Points in the manner required by the Shipper. (b) The Operator is not required to make the apportionment referred to in clause 17.10(a) if: (i) acting as a Reasonable and Prudent Person, the Operator considers it is not Technically Practicable to do so; (ii) acting as a Reasonable and Prudent Person, the Operator considers the circumstances do not reasonably allow the Operator to consult with Xxxxxxx as to the apportionment or wait for the Shipper's response following such consultation; or (iii) the Operator has requested the Shipper notify the Operator of its apportionment, and the Shipper has not done so by the end of the relevant Gas Day, in which case the Operator may apportion the refusal across the relevant inlet points or outlet points (as the case may be) in the manner it considers appropriate.. 2021 - 2025 Access Arrangement for the DBNGP 97 (c) The Shipper may at any time and from time to time propose to the Operator an apportionment mechanism which will operate as a standing requirement as to how the Operator must apportion any: (i) refusals to Receive Gas across Inlet Points; (ii) refusals to Deliver Gas across Outlet Points; or (iii) Curtailments across Inlet Points and Outlet Points. (d) The Operator and the Shipper must, in good faith, attempt to agree any apportionment mechanism for the purposes of this clause 17.10. If the Operator and the Shipper have not agreed an apportionment mechanism for the purposes of this clause 17.10 within 1 month from the date of the Shipper's proposal, either Party may refer this Dispute to an Independent Expert under clause 24 for determination as a Technical Matter. (e) If the Operator and the Shipper have agreed an apportionment mechanism or an apportionment mechanism has been determined by an Independent Expert for the purposes of this clause 17.10, then the Operator must apportion any: (i) refusals to Receive Gas; (ii) refusals to Deliver Gas; or (iii) Curtailments, in accordance with that mechanism. (f) If no apportionment mechanism has been proposed by the Shipper or agreed or determined under clause 17.10(d), and it becomes necessary to effect an apportionment of the kind referred to in clause 17.10(b), the apportionment may be effected by the Operator acting as a Reasonable and Prudent Person and must in that case be notified by the Operator to the Shipper as soon as practicable after the end of the relevant Gas Day.