Consequences of exceeding Hourly Peaking Limit Sample Clauses

Consequences of exceeding Hourly Peaking Limit. (a) If at any time the Shipper exceeds an Hourly Peaking Limit and the Operator (acting as a Reasonable and Prudent Person) considers that a continuation of that condition: (i) will have a material adverse impact on the integrity or operation of the DBNGP; or (ii) will adversely impact or is likely to adversely impact, on any other Capacity Service, the Operator (acting as a Reasonable and Prudent Person) may, subject to clauses 10.6 and 10.3(h)(i), do either or both of the following: (iii) issue a notice requiring the Shipper to reduce its take of Gas, in that or future periods (to the extent reasonably required to ameliorate the condition in clauses 10.3(a)(i) or 10.3(a)(ii)), and the Shipper must use best endeavours in accordance with clause 10.3(c) to comply immediately, or to procure immediate compliance, with the notice so as to cease exceeding the Hourly Peaking Limit; and (iv) refuse to Deliver Gas to the Shipper at any Outlet Point within the relevant pipeline zone until the Shipper’s Hourly Quantity is within the Hourly Peaking Limit. (b) If the Operator issues a notice to the Shipper under clause 10.3(a)(iii) and the Hourly Peaking Limit being exceeded relates to Outlet Points: (i) on the DBNGP generally, the Operator must issue a similar notice to all shippers; (ii) in Pipeline Zone 10, the Operator must issue a similar notice to all shippers with a contractual entitlement to capacity in Pipeline Zone 10; or (iii) in Pipeline Zone 10B, the Operator must issue a similar notice to all shippers with a contractual entitlement to capacity in Pipeline Zone 10B, which are exceeding their Hourly Peaking Limit or the equivalent under their relevant contracts. (c) If, after the Operator issues a notice under clause 10.3(a)(iii): (i) subject to clause 10.3(c)(ii), the Shipper's Hourly Quantity calculated across the relevant outlet points is reducing, then the Shipper is taken to be using best endeavours to comply, or procure compliance, with the notice for the purposes of clause 10.3(a)(iii); and (ii) the Shipper's Hourly Quantity calculated across the relevant outlet points is not within the Hourly Peaking Limit by the end of the following Gas Hour, the Shipper is taken not to have used best endeavours to comply, or procure compliance, with the notice for the purposes of clause 10.3(a)(iii). (d) If the Shipper does not comply and is not deemed pursuant to clause 10.3(c)(i) to have used best endeavours to have complied with the notices issued for the purp...
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