Common use of Balance Group Nomination Clause in Contracts

Balance Group Nomination. 4.1 The Booked Flow Rate resulting from this Capacity Contract may only be nominated following allocation of such capacity to a Balance Group and/or a Sub-Balance Account by the Balance Group Responsible (“Bilanzgruppenverantwortlicher BGV”) in accordance with the Other Market Rules in force as well as in accordance with and subject to the provisions of Annex 5 the “Terms and Conditions for Balance Group Management”. The System User shall perform the allocation to a Balance Group in due time. The respective lead times are also published on xxx.xxxxxxx.xx. 4.2 The System User has to ensure that an authorization by the Balance Group Responsible exists, in order to enable the capacity allocation to the appropriate Balance Group(s) or to a Sub- Balance Account in accordance with this Capacity Contract and communicate this information to the TSO according to the rules of the Other Market Rules and any other provisions defined by the TSO. 4.3 Should the Balance Group Responsible violate provisions of the market rules and therefore limitations to nominations or suspension of the authorization to nominate have been made, this shall not affect the validity of this Capacity Contract and the payment obligation of the System User. If these capacity rights of the Balance Group and/or Sub-Balance Account are assigned to another Balance Group Responsible with a valid nomination permission or the contractual requirements between Balance Group Responsible and Market Area Manager are restored, these capacity rights are fully entitled to be nominated. 4.4 The allocation of capacity to a Balance Group or a Sub-Balance Account shall remain valid as long as the contractual obligations are met by the System User. The allocation of capacities is otherwise deemed void. 4.5 Balance Group Responsible on behalf of System User is obliged to notify TSO of any change of 3rd party delivering/off-taking with 3 (three) working days in advance. In the event that Balance Group Responsible fails to provide such information in a timely manner TSO cannot be held responsible for any damages occurring due to a mismatch with the interconnected transmission system operator.

Balance Group Nomination. 4.1 The Booked Flow Rate Rate(s) resulting from this Capacity Contract may only be nominated nominate d following allocation of such capacity to a Balance Group and/or a Sub-Balance Account by the Balance Group Responsible (“Bilanzgruppenverantwortlicher BGV”) in accordance with the Other Market Rules in force as well as in accordance with and subject to the provisions of Annex 5 the “Terms and Conditions for Balance Group Management”. The System User shall perform the allocation to a Balance Group in due time. The respective lead times are also published on xxx.xxxxxxx.xx. 4.2 The System User has to ensure that an authorization by the Balance Group Responsible exists, in order to enable the capacity allocation to the appropriate Balance Group(s) or to a Sub- Balance Account in accordance with this Capacity Contract and communicate this information to the TSO according to the rules of the Other Market Rules and any other provisions defined by the TSO. 4.3 Should the Balance Group Responsible violate provisions of the market rules and therefore limitations to nominations or suspension of the authorization to nominate have been made, this shall not affect the validity of this Capacity Contract and the payment obligation of the System User. If these capacity rights of the Balance Group and/or Sub-Balance Account are assigned to another Balance Group Responsible with a valid nomination permission or the contractual requirements between Balance Group Responsible and Market Area Manager are restored, these capacity rights are fully entitled to be nominated. 4.4 The allocation of capacity to a Balance Group or a Sub-Balance Account shall remain valid as long as the contractual obligations are met by the System User. The allocation of capacities is otherwise deemed void. 4.5 Balance Group Responsible on behalf of System User is obliged to notify TSO of any change of 3rd party delivering/off-taking with 3 (three) working days in advance. In the event that Balance Group Responsible fails to provide such information in a timely manner TSO cannot be held responsible for any damages occurring due to a mismatch with the interconnected transmission system operator.

Balance Group Nomination. 4.1 The Booked Flow Rate Rate(s) resulting from this Capacity Contract may only be nominated following allocation of such capacity to a Balance Group and/or a Sub-Balance Account by the Balance Group Responsible (“Bilanzgruppenverantwortlicher BGV”) in accordance with the Other Market Rules in force 2012 chapters 2 and 3 as well as in accordance with and subject to the provisions of Annex 5 the “Terms and Conditions for Balance Group Management”. The System User shall perform the allocation to a Balance Group in due time. The respective lead times are also published on xxx.xxxxxxx.xx. 4.2 The System User has to ensure that an authorization by the Balance Group Responsible exists, in order to enable the capacity allocation to the appropriate Balance Group(s) or to a Sub- Balance Account in accordance with this Capacity Contract and communicate this information to the TSO according to the rules of the Other Market Rules and any other provisions defined by the TSO. 4.3 Should the Balance Group Responsible violate provisions of the market rules and therefore limitations to nominations or suspension of the authorization to nominate have been made, this shall not affect the validity of this Capacity Contract and the payment obligation of the System User. If these capacity rights of the Balance Group and/or Sub-Balance Account are assigned to another Balance Group Responsible with a valid nomination permission or the contractual requirements between Balance Group Responsible and Market Area Manager are restored, these capacity rights are fully entitled to be nominated. 4.4 The allocation of capacity to a Balance Group or a Sub-Balance Account shall remain valid as long as the contractual obligations are met by the System User. The allocation of capacities is otherwise deemed void. 4.5 Balance Group Responsible on behalf of System User is obliged to notify TSO of any change of 3rd party delivering/off-taking with 3 (three) working days in advance. In the event that Balance Group Responsible fails to provide such information in a timely manner TSO cannot be held responsible for any damages occurring due to a mismatch with the interconnected transmission system operator.