Common use of Charges for Imbalances Clause in Contracts

Charges for Imbalances. (a) The charges for Imbalances for a Service on any Day applicable for the Firm Forward Haulage Service, the Firm Backhaul Haulage Service, the As-Available Forward Haulage Service and the As-Available Backhaul Haulage Service are calculated in accordance with clauses 8.7(b), 8.7(c), 8.7(d) and 8.7(e) and for any Premium Park Service or Other Service, the charges for Imbalances on any Day applicable for that Premium Park Service or Other Service will be as specified in the Annexure for that Premium Park Service or Other Service (Imbalance Charge). (b) In respect of a Firm Forward Haulage Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service, for Area 1 to Area 3 haulage, applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under the Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (c) In respect of an As-Available Forward Haulage Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the As-Available Forward Haulage Service, for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the most recent Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Path under that Service. (d) In respect of a Firm Backhaul Haulage Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the then Reference Tariff for the Firm Backhaul Haulage Service for Area 3 to Area 3 haulage applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Backhaul Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service.

Charges for Imbalances. ‌ (a) The charges for Imbalances for a Service on any Day applicable for the Firm Forward Haulage Service, the Firm Backhaul Haulage Service, the As-Available Forward Haulage Service and the As-Available Backhaul Forward Haulage Service are calculated in accordance with clauses 8.7(b), 8.7(c), 8.7(d) and 8.7(e8.7(c) and for any Premium Park Service or Other Service, the charges for Imbalances on any Day applicable for that Premium Park Service or Other Service will be as specified in the Annexure for that Premium Park Service or Other Service (Imbalance Charge).Charge).‌ (b) In respect of a Firm Forward Haulage Service, the Imbalance Charge will be the greater of:of:‌ (i) if If, at the end of any Day Day, the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers Provider an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service, for Area 1 to Area 3 haulage, Service applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under the Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if if, at the end of any Day Day, the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers Provider an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (c) In respect of an As-Available Forward Haulage ServiceService if, if at the end of any Day Day, the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Path under that Service, the Shipper is required to pay to the Service Providers Provider an Imbalance Charge calculated as 40% of the Reference Tariff for the As-Available Forward Haulage Service, for Area 1 to Area 3 haulage Service applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the most recent Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Path under that Service. (d) In respect of a Firm Backhaul Haulage Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the then Reference Tariff for the Firm Backhaul Haulage Service for Area 3 to Area 3 haulage applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Backhaul Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service.Service.‌

Charges for Imbalances. (a) The charges for Imbalances for a Service on any Day applicable for the Firm Forward Haulage Service, the Firm Backhaul Haulage Service, the As-Available Forward Haulage Service and the As-Available Backhaul Haulage Service are calculated in accordance with clauses 8.7(b), ) and 8.7(c), 8.7(d) and 8.7(e) and for any Premium Park Service or Other Service, the charges for Imbalances on any Day applicable for that Premium Park Service or Other Service will be as specified in the Annexure for that Premium Park Service or Other Service (Imbalance Charge). (b) In respect of a Firm Forward Haulage Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers Provider an Imbalance Charge calculated as 40% of the Reference Tariff for the relevant Firm Forward Haulage Service, for Area 1 to Area 3 haulage, applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under the Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers Provider an Imbalance Charge calculated as 40% of the Reference Tariff for the relevant Firm Forward Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (c) In respect of an As-Available Forward Haulage Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Path under that Service, the Shipper is required to pay to the Service Providers Provider an Imbalance Charge calculated as 40% of the Reference Tariff for the As-Available Forward Haulage Service, for Area 1 to Area 3 haulage Service applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the most recent Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Path under that Service. (d) In respect of a Firm Backhaul Haulage Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the then Reference Tariff for the Firm Backhaul Haulage Service for Area 3 to Area 3 haulage applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Backhaul Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service.

Charges for Imbalances. (a) The charges for Imbalances for a Service Zone on any Day applicable for the Firm Forward Haulage Service, the Firm Backhaul Haulage Service, the As-Available Forward Haulage Service and the As-Available Backhaul Haulage Service are calculated in accordance with clauses 8.7(b8.8(b), 8.7(c), 8.7(d8.8(c) and 8.7(e8.8(d) and for any Premium Park Service or Other Service, the charges for Imbalances on any Day applicable for that Premium Park Service or Other Service will be as specified in the Annexure for that Premium Park Service or Other Service (Imbalance Charge). (b) In respect of a Firm Forward Haulage Service, the Imbalance Charge will be the greater of: (i) if at the end of on any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10a Zone exceeds 5% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service, for Area 1 to Area 3 haulage, applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under the Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers an Provider the Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service for Area 1 to Area 3 haulage Charge, applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15in excess of 5% of the sum of the Operational MDQs for each Path under that ServiceZonal MDQ. (c) In respect of an As-Available Forward Haulage Service, if at the end of on any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) at a Receipt Point exceeds 155% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for Nomination supplied from that Path Receipt Point under that Servicethis document, the Shipper is required to pay to the Service Providers an Provider the Imbalance Charge calculated as 40% of the Reference Tariff for the As-Available Forward Haulage Service, for Area 1 to Area 3 haulage Charge; applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15in excess of 5% of the most recent Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Path under that ServiceNominations. (d) In respect of a Firm an As-Available Backhaul Haulage Service, the Imbalance Charge will be the greater of: (i) if at the end of on any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10at a Receipt Point exceeds 5% of the sum of the Operational MDQs for each Path Confirmed Delivery Nomination supplied from that Receipt Point under that Servicethis document, the Shipper is required to pay to the Service Providers an Provider the Imbalance Charge calculated as 40% of the then Reference Tariff for the Firm Backhaul Haulage Service for Area 3 to Area 3 haulage applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negativeCharge, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Backhaul Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15in excess of 5% of the sum of the Operational MDQs for each Path under that ServiceConfirmed Delivery Nominations.

Charges for Imbalances. (a) The charges for Daily Imbalances for a Service on any Day applicable for the Firm Forward Haulage Haul Transport Service, the Firm Backhaul Haulage Back Haul Transport Service, the As- Available Forward Haul Transport Service and, the As-Available Forward Haulage Service and the As-Available Backhaul Haulage Back Haul Transport Service are calculated in accordance with clauses 8.7(b), 8.7(c), 8.7(d) and 8.7(e) this clause 9.6 and for any Premium the As- Available Park and Lend Service or any Other Service, the charges for Daily Imbalances on any Day applicable for that Premium the As-Available Park and Lend Service or that Other Service will be as specified in the Annexure for that Premium the As-Available Park and Lend Service or that Other Service (Imbalance Charge). (b) In Subject to clause 7A(e), in respect of a Firm Forward Haulage Haul Transport Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) 2 consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers Transporter an Imbalance Charge calculated as 4030% of the Reference Total Firm Tariff for multiplied by the Firm Forward Haulage Service, for Area 1 to Area 3 haulage, applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under the Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and quantity (iiin GJs) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (c) In respect of an As-Available Forward Haulage Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the As-Available Forward Haulage Service, for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the most recent Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Path under that Service. (d) In respect of a Firm Backhaul Haulage Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the then Reference Tariff for the Firm Backhaul Haulage Service for Area 3 to Area 3 haulage applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers Transporter an Imbalance Charge calculated as 4030% of the Reference Total Firm Tariff for multiplied by the Firm Backhaul Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (c) In respect of an As-Available Forward Haul Transportation Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Service, the Shipper is required to pay to the Transporter an Imbalance Charge calculated as 30% of the Tariff for the As-Available Forward Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the most recent Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Service. (d) In respect of a Firm Back Haul Transportation Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding 2 consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Transporter an Imbalance Charge calculated as 30% of the Tariff for the Firm Back Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Transporter an Imbalance Charge calculated as 30% of the Tariff for the Firm Back Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (e) In respect of an As-Available Back Haul Transportation Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Service, the Shipper is required to pay to the Transporter an Imbalance Charge calculated as 30% of the Tariff for the As- Available Back Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the most Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Service.

Charges for Imbalances. (a) The charges for Daily Imbalances for a Service on any Day applicable for the Firm Forward Haulage Haul Transport Service, the Firm Backhaul Haulage Back Haul Transport Service, the As-As- Available Forward Haulage Haul Transport Service and the As-Available Backhaul Haulage Back Haul Transport Service are calculated in accordance with clauses 8.7(b), 8.7(c), 8.7(d) and 8.7(e) this clause 9.6 and for any Premium the As- Available Park and Lend Service or any Other Service, the charges for Daily Imbalances on any Day applicable for that Premium the As-Available Park and Lend Service or that Other Service will be as specified in the Annexure for that Premium the As-Available Park and Lend Service or that Other Service (Imbalance Charge). (b) In Subject to clause 7A(e), in respect of a Firm Forward Haulage Haul Transport Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) 2 consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers Transporter an Imbalance Charge calculated as 4030% of the Reference Total Firm Tariff for multiplied by the Firm Forward Haulage Service, for Area 1 to Area 3 haulage, applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under the Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and quantity (iiin GJs) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (c) In respect of an As-Available Forward Haulage Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the As-Available Forward Haulage Service, for Area 1 to Area 3 haulage applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the most recent Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Path under that Service. (d) In respect of a Firm Backhaul Haulage Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers an Imbalance Charge calculated as 40% of the then Reference Tariff for the Firm Backhaul Haulage Service for Area 3 to Area 3 haulage applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers Transporter an Imbalance Charge calculated as 4030% of the Reference Total Firm Tariff for multiplied by the Firm Backhaul Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (c) In respect of an As-Available Forward Haul Transportation Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Service, the Shipper is required to pay to the Transporter an Imbalance Charge calculated as 30% of the Tariff for the As- Available Forward Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the most recent Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Service. (d) In respect of a Firm Back Haul Transportation Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding 2 consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Transporter an Imbalance Charge calculated as 30% of the Tariff for the Firm Back Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Transporter an Imbalance Charge calculated as 30% of the Tariff for the Firm Back Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (e) In respect of an As-Available Back Haul Transportation Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Service, the Shipper is required to pay to the Transporter an Imbalance Charge calculated as 30% of the Tariff for the As- Available Back Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the most Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Service.

Charges for Imbalances. (a) The charges for Daily Imbalances for a Service on any Day applicable for the Firm Forward Haulage Haul Transport Service, the Firm Backhaul Haulage Back Haul Transport Service, the As-As- Available Forward Haulage Haul Transport Service and the As-Available Backhaul Haulage Back Haul Transport Service are calculated in accordance with clauses 8.7(b), 8.7(c), 8.7(d) and 8.7(e) this clause 9.6 and for any Premium the As- Available Park and Lend Service or any Other Service, the charges for Daily Imbalances on any Day applicable for that Premium the As-Available Park and Lend Service or that Other Service will be as specified in the Annexure for that Premium the As-Available Park and Lend Service or that Other Service (Imbalance Charge). (b) In respect of a Firm Forward Haulage Haul Transport Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) 2 consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers Transporter an Imbalance Charge calculated as 4030% of the Reference Total Firm Tariff for multiplied by the Firm Forward Haulage Service, for Area 1 to Area 3 haulage, applied for each GJ quantity (in GJs) by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under the that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers Transporter an Imbalance Charge calculated as 4030% of the Reference Total Firm Tariff for multiplied by the Firm Forward Haulage Service for Area 1 to Area 3 haulage applied for each Day for each GJ quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (c) In respect of an As-Available Forward Haulage Haul Transportation Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Path under that Service, the Shipper is required to pay to the Service Providers Transporter an Imbalance Charge calculated as 4030% of the Reference Tariff for the As-As- Available Forward Haulage Service, for Area 1 to Area 3 haulage applied for each Day for each GJ Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the most recent Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Path under that Service. (d) In respect of a Firm Backhaul Haulage Back Haul Transportation Service, the Imbalance Charge will be the greater of: (i) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) 2 consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Providers Transporter an Imbalance Charge calculated as 4030% of the then Reference Tariff for the Firm Backhaul Haulage Back Haul Transportation Service for Area 3 to Area 3 haulage applied for each GJ multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under that Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Providers Transporter an Imbalance Charge calculated as 4030% of the Reference Tariff for the Firm Backhaul Haulage Back Haul Transportation Service for Area 1 to Area 3 haulage applied for each Day for each GJ multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service. (e) In respect of an As-Available Back Haul Transportation Service, if at the end of any Day the Shipper's Cumulative Imbalance (whether a positive or negative, but expressed as an absolute value) exceeds 15% of the most recent Confirmed Delivery Nomination, or the sum of the most recent Confirmed Delivery Nominations (if more than one), for that Service, the Shipper is required to pay to the Transporter an Imbalance Charge calculated as 30% of the Tariff for the As- Available Back Haul Transportation Service multiplied by the quantity (in GJs) by which the Cumulative Imbalance is greater than 15% of the most Confirmed Delivery Nomination or the sum of the most recent Confirmed Delivery Nominations (as the case requires) for that Service.