Common use of Assessment of Requested Relocation Clause in Contracts

Assessment of Requested Relocation. (a) The Operator must, as soon as reasonably practicable and in any event not later than 40 Working Days after receiving a notice under clause 14.1, assess as a Reasonable and Prudent Person whether the Requested Relocation is an Authorised Relocation having regard to, among other things, the order, relative to its receipt of equivalent notices received from other shippers, in which the Shipper's Requested Relocation was received, (but for the avoidance of doubt the Parties intend this priority to apply only to the extent that requested relocations compete or conflict with each other for utilisation of capacity). (b) For the purposes of clause 14.2(a), a Requested Relocation of Contracted Capacity is not an Authorised Relocation if: (i) the Requested Relocation would cause the sum (after the relocation) of all shippers': (A) quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Inlet Point is located; or (B) quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Point is located; (ii) in the opinion of the Operator, as a Reasonable and Prudent Person, the Requested Relocation would not be Operationally Feasible, and for the avoidance of doubt an increase in compressor fuel costs does not mean the Requested Relocation is not Operationally Feasible; or (iii) the Requested Relocation is such that an Inlet Point at which there is Contracted Capacity under this Contract would be downstream of an Outlet Point at which there is Contracted Capacity under this Contract. (c) For the purposes of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Inlet Point is an Authorised Relocation under the Contract if: (i) the Requested Relocation would result in the New Inlet Point being downstream of the Existing Inlet Points; (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services) at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity; and (iii) the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that New Inlet Point. (d) For the purposes of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Outlet Point is an Authorised Relocation under this Contract if: (i) the Requested Relocation would result in the New Outlet Point being upstream of the Existing Outlet Points; (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Point is located; and (iii) the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that Outlet Point.

Assessment of Requested Relocation. (a) The Operator must, as soon as reasonably practicable and in any event not later than 40 Working Days after receiving a notice under clause 14.1, assess as a Reasonable and Prudent Person whether the Requested Relocation is an Authorised Relocation having regard to, among other things, the order, relative to its receipt of equivalent notices received from other shippers, in which the Shipper's Requested Relocation was received, (but for the avoidance of doubt the Parties intend this priority to apply only to the extent that requested relocations compete or conflict with each other for utilisation of capacity). (b) For the purposes of clause 14.2(a), a Requested Relocation of Contracted Capacity is not an Authorised Relocation if: (i) the Requested Relocation would cause the sum (after the relocation) of all shippers': (A) quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Inlet Point is located; or (B) quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Point is located; (ii) in the opinion of the Operator, as a Reasonable and Prudent Person, the Requested Relocation would not be Operationally Feasible, and for the avoidance of doubt an increase in compressor fuel costs does not mean the Requested Relocation is not Operationally Feasible; or (iii) the Requested Relocation is such that the an Inlet Point at which there is Contracted Capacity under this Contract would be downstream upstream of the an Outlet Point at which there is Contracted Capacity under this Contract. (c) For Contractand it would change the purposes normal direction of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Inlet Point is an Authorised Relocation under the Contract if: (i) the Requested Relocation would result Gas flow in the New Inlet Point being downstream of the Existing Inlet Points; (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services) at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity; and (iii) the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that New Inlet PointDBNGP. (d) For the purposes of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Outlet Point is an Authorised Relocation under this Contract if: (i) the Requested Relocation would result in the New Outlet Point being upstream of the Existing Outlet Points; (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Point is located; and (iii) the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that Outlet Point.

Assessment of Requested Relocation. (a) The Operator must, as soon as reasonably practicable and in any event not later than 40 Working Days after receiving a notice under clause 14.1, assess as a Reasonable and Prudent Person whether the Requested Relocation is an Authorised Relocation having regard to, among other things, the order, relative to its receipt of equivalent notices received from other shippers, in which the Shipper's Requested Relocation was received, (but for the avoidance of doubt the Parties intend this priority to apply only to the extent that requested relocations compete or conflict with each other for utilisation of capacity). (b) For the purposes of clause 14.2(a), a Requested Relocation of Contracted Capacity is not an Authorised Relocation if: (i) the Requested Relocation would cause the sum (after the relocation) of all shippers': (A) quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Inlet Point is located; or (B) quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Point is located; (ii) in the opinion of the Operator, as a Reasonable and Prudent Person, the Requested Relocation would not be Operationally Feasible, and for the avoidance of doubt an increase in compressor fuel costs does not mean the Requested Relocation is not Operationally Feasible; or (iii) the Requested Relocation is such that the an Inlet Point at which there is Contracted Capacity under this Contract would be downstream of the an Outlet Point at which there is Contracted Capacity under this ContractContractand it would change the normal direction of Gas flow in the DBNGP. (c) For the purposes of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Inlet Point is an Authorised Relocation under the Contract if: (i) the Requested Relocation would result in the New Inlet Point being downstream of the Existing Inlet Points;; 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 75 (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services) at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity; and (i) if the New Inlet Point is a proposed inlet point that new inlet point satisfies the Operator's technical and operational requirements; and (iii) the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that New Inlet Point. (d) For the purposes of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Outlet Point is an Authorised Relocation under this Contract if: (i) the Requested Relocation would result in the New Outlet Point being upstream of the Existing Outlet Points; (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at if the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Inlet Point is located; and (iii) a proposed inlet point that new inlet point satisfies the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that Outlet Point.Operator's technical and operational requirements;

Assessment of Requested Relocation. (a) The Operator must, as soon as reasonably practicable and in any event not later than 40 Working Days after receiving a notice under clause 14.1, assess as a Reasonable and Prudent Person whether the Requested Relocation is an Authorised Relocation having regard to, among other things, the order, relative to its receipt of equivalent notices received from other shippers, in which the Shipper's Requested Relocation was received, (but for the avoidance of doubt the Parties intend this priority to apply only to the extent that requested relocations compete or conflict with each other for utilisation of capacity). (b) For the purposes of clause 14.2(a), a Requested Relocation of Contracted Capacity is not an Authorised Relocation if: (i) the Requested Relocation would cause the sum (after the relocation) of all shippers': (A) quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Inlet Point is located; or (B) quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Point is located; (ii) in the opinion of the Operator, as a Reasonable and Prudent Person, the Requested Relocation would not be Operationally Feasible, and for the avoidance of doubt an increase in compressor fuel costs does not mean the Requested Relocation is not Operationally Feasible; or (iii) the Requested Relocation is such that an Inlet Point at which there is Contracted Capacity under this Contract would be downstream upstream of an Outlet Point at which there is Contracted Capacity under this Contract. (c) For the purposes of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Inlet Point is an Authorised Relocation under the Contract if: (i) the Requested Relocation would result in the New Inlet Point being downstream upstream of the Existing Inlet Points; (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services) at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity; and (iii) the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that New Inlet Point. (d) For the purposes of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Outlet Point is an Authorised Relocation under this Contract if: (i) the Requested Relocation would result in the New Outlet Point being upstream downstream of the Existing Outlet Points; (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Point is located; and (iii) the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that Outlet Point.

Assessment of Requested Relocation. (a) The Operator must, as soon as reasonably practicable and in any event not later than 40 Working Days after receiving a notice under clause 14.1, assess as a Reasonable and Prudent Person whether the Requested Relocation is an Authorised Relocation having regard to, among other things, the order, relative to its receipt of equivalent notices received from other shippers, in which the Shipper's Requested Relocation was received, (but for the avoidance of doubt the Parties intend this priority to apply only to the extent that requested relocations compete or conflict with each other for utilisation of capacity). (b) For the purposes of clause 14.2(a), a Requested Relocation of Contracted Capacity is not an Authorised Relocation if: (i) the Requested Relocation would cause the sum (after the relocation) of all shippers': (A) quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Inlet Point is located; or (B) quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Point is located; (ii) in the opinion of the Operator, as a Reasonable and Prudent Person, the Requested Relocation would not be Operationally Feasible, and for the avoidance of doubt an increase in compressor fuel costs does not mean the Requested Relocation is not Operationally Feasible; or (iii) the Requested Relocation is such that the an Inlet Point at which there is Contracted Capacity under this Contract would be downstream of the an Outlet Point at which there is Contracted Capacity under this ContractContract and it would change the normal direction of Gas flow in the DBNGP. (c) For the purposes of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Inlet Point is an Authorised Relocation under the Contract if: (i) the Requested Relocation would result in the New Inlet Point being downstream of the Existing Inlet Points; (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Inlet Point across all of shippers' Capacity Services) at the New Inlet Point to exceed the New Inlet Point's Total Current Physical Capacity; and (i) if the New Inlet Point is a proposed inlet point that new inlet point satisfies the Operator's technical and operational requirements; and (iii) the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that New Inlet Point. (d) For the purposes of clause 14.2(a), unless clause 14.2(b) provides that it is not an Authorised Relocation, a Requested Relocation of Contracted Capacity to a New Outlet Point is an Authorised Relocation under this Contract if: (i) the Requested Relocation would result in the New Outlet Point being upstream of the Existing Outlet Points; (ii) the Requested Relocation would not cause the sum (after the relocation) of all shippers' quantities referred to as Contracted Capacity for that Outlet Point across all shippers' Capacity Services at if the New Outlet Point to exceed the New Outlet Point's Total Current Physical Capacity or to exceed the safe operating capability of the part of the DBNGP at which the New Outlet Inlet Point is located; and (iii) a proposed inlet point that new inlet point satisfies the Shipper has entered into a Contribution Agreement, or any other agreement, arrangement or understanding required by clause 6.13(a)(iii), in relation to that Outlet Point.Operator's technical and operational requirements;