Common use of Compliance with Curtailment Notice Clause in Contracts

Compliance with Curtailment Notice. (a) Where the Curtailment is a Point Specific Curtailment, the Shipper must use its best endeavours to comply immediately, and must as soon as practicable and in any event no later than one hour after receipt of the notice comply, or procure compliance, with the requirements of a Curtailment Notice by: (i) not Delivering any Gas at the Inlet Points; or (ii) not Receiving any Gas delivered to the Shipper at the Outlet Points, in excess of the quantity specified for that Inlet Point or Outlet Point, as the case may be, in the Curtailment Notice. (b) Where the Curtailment is not a Point Specific Curtailment, the Shipper must comply, or procure compliance, with the requirements of the Curtailment Notice in accordance with its terms. (c) If the Shipper does not comply with the requirements of the Curtailment Notice in accordance with clause 17.8(a) or 17.8(b), the Operator may take action to the extent necessary to give effect to the requirements set out in the Curtailment Notice, including refusing to Receive Gas from the Shipper at an Inlet Point or refusing to Deliver Gas to the Shipper at an Outlet Point. (d) If the Operator refuses to Receive or Deliver Gas under clause 17.8(c) in order to give effect to the requirements set out in a Curtailment Notice and the Operator incidentally refuses to Receive or Deliver Gas in excess of the requirements of the Curtailment Notice (Excess Curtailment), to the extent that such Excess Curtailment occurred despite the Operator acting as a Reasonable and Prudent Person in attempting to avoid or minimise (as the case may be) such Excess Curtailment is not to be regarded as a Curtailment under this Contract. (e) If the Curtailment is a Point Specific Curtailment and the Shipper Delivers Gas to the Operator at an Inlet Point or Receives Gas from the Operator at an Outlet Point in excess of the quantity specified in the Curtailment Notice for that Inlet Point or Outlet Point (as the case may be), then the Shipper must pay the Operator an Unavailable Overrun Charge under clause 11 at the Unavailable Overrun Rate in respect of each GJ of Gas which the Shipper's actual receipts or deliveries (or both) vary from those specified in the Curtailment Notice. (f) Other than when due to Force Majeure or by reason of an emergency it is unable to do so, the Operator must give effect to a Curtailment by a Curtailment Notice instead of, or prior to, doing so physically under clause 17.8(c). (g) The Shipper is not liable to pay the Unavailable Overrun Charge under clause 17.8(e) in respect of a Gas Day in respect of which the Operator: (i) fails to provide the Shipper with the information required in accordance with clause 15.5(d)(i); or (ii) provides the Shipper with information under clause 15.5(d)(i) which is materially inaccurate.

Compliance with Curtailment Notice. (a) Where the Curtailment is a Point Specific Curtailment, the Shipper must use its best endeavours to comply immediately, and must as soon as practicable and in any event no later than one hour after receipt of the notice comply, or procure compliance, with the requirements of a Curtailment Notice by: (i) not Delivering any Gas at the Inlet Points; or (ii) not Receiving any Gas delivered to the Shipper at the Outlet Points, in excess of the quantity specified for that Inlet Point or Outlet Point, as the case may be, in the Curtailment Notice. (b) Where the Curtailment is not a Point Specific Curtailment, the Shipper must comply, or procure compliance, with the requirements of the Curtailment Notice in accordance with its terms. (c) If the Shipper does not comply with the requirements of the Curtailment Notice in accordance with clause 17.8(a) or 17.8(b), the Operator may take action to the extent necessary to give effect to the requirements set out in the Curtailment Notice, including refusing to Receive Gas from the Shipper at an Inlet Point or refusing to Deliver Gas to the Shipper at an Outlet Point. (d) If the Operator refuses to Receive or Deliver Gas under clause 17.8(c) in order to give effect to the requirements set out in a Curtailment Notice and the Operator incidentally refuses to Receive or Deliver Gas in excess of the requirements of the Curtailment Notice (Excess Curtailment), to the extent that such Excess Curtailment occurred despite the Operator acting as a Reasonable and Prudent Person in attempting to avoid or minimise (as the case may be) such Excess Curtailment is not to be regarded as a Curtailment under this Contract. (e) If the Curtailment is a Point Specific Curtailment and the Shipper Delivers Gas to the Operator at an Inlet Point or Receives Gas from the Operator at an Outlet Point in excess of the quantity specified in the Curtailment Notice for that Inlet Point or Outlet Point (as the case may be), then the Shipper 2021 - 2025 Access Arrangement for the DBNGP 93 must pay the Operator an Unavailable Overrun Charge under clause 11 at the Unavailable Overrun Rate in respect of each GJ of Gas which the Shipper's actual receipts or deliveries (or both) vary from those specified in the Curtailment Notice. (f) Other than when due to Force Majeure or by reason of an emergency it is unable to do so, the Operator must give effect to a Curtailment by a Curtailment Notice instead of, or prior to, doing so physically under clause 17.8(c). (g) The Shipper is not liable to pay the Unavailable Overrun Charge under clause 17.8(e) in respect of a Gas Day in respect of which the Operator: (i) fails to provide the Shipper with the information required in accordance with clause 15.5(d)(i); or (ii) provides the Shipper with information under clause 15.5(d)(i) which is materially inaccurate.