Common use of Consequences of exceeding Hourly Peaking Limit Clause in Contracts

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 purposes of clause 10.3(a)(iii) so that the Shipper is still exceeding at least one of the Hourly Peaking Limits by the end of the following Gas Hour, the Shipper must pay an Hourly Peaking Charge at the Hourly Peaking Rate for each GJ of Gas Received: (i) in excess of the Hourly Peaking Limit (if a notice has not been issued pursuant to clause 10.4(e)); or (ii) in excess of the Hourly Peaking Limit up to the Outer Hourly Peaking Limit (if a notice has been issued pursuant to clause 10.4(e)), in accordance with clause 20. (e) If the Hourly Peaking Charge is payable under clause 10.3(d), that charge is payable in respect of the Gas Hour in which the relevant Hourly Peaking Limit was first exceeded, and each subsequent Gas Hour until the first occasion on which the Shipper is no longer exceeding any of the Hourly Peaking Limits (after which the Shipper is not liable to pay any Hourly Peaking Charge until a new notice is issued under clause 10.3(a)(iii) or clause 10.4(e) (as the case may be)). (f) If the Shipper exceeds more than one Hourly Peaking Limit in respect of the same Gas Hour, then the Hourly Peaking Charge under clause 10.3(d) is calculated using only the amount of the largest excess. 2021 - 2025 Access Arrangement for the DBNGP 65 (g) No Hourly Peaking Charge, whether under clause 10.3(d) or 10.4(a), is payable in respect of any Gas Hour in 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 incorrect in any material respect. (h) The Operator may not: (i) issue a notice pursuant to clause 10.3(a)(iii) or refuse to Deliver Gas pursuant to clause 10.3(a)(iv) unless it has, to the extent reasonable in the circumstances, first endeavoured to co-operate with the Shipper to ameliorate the impact of the Shipper exceeding its Hourly Peaking Limit; or (ii) other than when due to Force Majeure or by reason of an emergency, refuse to Deliver Gas pursuant to clause 10.3(a)(iv) without having issued a notice in accordance with clause 10.3(a)(iii).

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 purposes of clause 10.3(a)(iii) so that the Shipper is still exceeding at least one of the Hourly Peaking Limits by the end of the following Gas Hour, the Shipper must pay an Hourly Peaking Charge at the Hourly Peaking Rate for each GJ of Gas Received: (i) in excess of the Hourly Peaking Limit (if a notice has not been issued pursuant to clause 10.4(e)); or (ii) in excess of the Hourly Peaking Limit up to the Outer Hourly Peaking Limit (if a notice has been issued pursuant to clause 10.4(e)), in accordance with clause 20. (e) If the Hourly Peaking Charge is payable under clause 10.3(d), that charge is payable in respect of the Gas Hour in which the relevant Hourly Peaking Limit was first exceeded, and each subsequent Gas Hour until the first occasion on which the Shipper is no longer exceeding any of the Hourly Peaking Limits (after which the Shipper is not liable to pay any Hourly Peaking Charge until a new notice is issued under clause 10.3(a)(iii) or clause 10.4(e) (as the case may be)). (f) If the Shipper exceeds more than one Hourly Peaking Limit in respect of the same Gas Hour, then the Hourly Peaking Charge under clause 10.3(d) is calculated using only the amount of the largest excess. 2021 - 2025 Access Arrangement for the DBNGP 65. (g) No Hourly Peaking Charge, whether under clause 10.3(d) or 10.4(a10.4(b), is payable in respect of any Gas Hour in 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 incorrect in any material respect. (h) The Operator may not: (i) issue a notice pursuant to clause 10.3(a)(iii) or refuse to Deliver Gas pursuant to clause 10.3(a)(iv) unless it has, to the extent reasonable in the circumstances, first endeavoured to co-operate with the Shipper to ameliorate the impact of the Shipper exceeding its Hourly Peaking Limit; or (ii) other than when due to Force Majeure or by reason of an emergency, refuse to Deliver Gas pursuant to clause 10.3(a)(iv) without having issued a notice in accordance with clause 10.3(a)(iii).

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 purposes of clause 10.3(a)(iii) so that the Shipper is still exceeding at least one of the Hourly Peaking Limits by the end of the following Gas Hour, the Shipper must pay an Hourly Peaking Charge at the Hourly Peaking Rate for each GJ of Gas Received: (i) in excess of the Hourly Peaking Limit (if a notice has not been issued pursuant to clause 10.4(e)); or (ii) in excess of the Hourly Peaking Limit up to the Outer Hourly Peaking Limit (if a notice has been issued pursuant to clause 10.4(e)), in accordance with clause 20. (e) If the Hourly Peaking Charge is payable under clause 10.3(d), that charge is payable in respect of the Gas Hour in which the relevant Hourly Peaking Limit was first exceeded, and each subsequent Gas Hour until the first occasion on which the Shipper is no longer exceeding any of the Hourly Peaking Limits (after which the Shipper is not liable to pay any Hourly Peaking Charge until a new notice is issued under clause 10.3(a)(iii) or clause 10.4(e) (as the case may be)). (f) If the Shipper exceeds more than one Hourly Peaking Limit in respect of the same Gas Hour, then the Hourly Peaking Charge under clause 10.3(d) is calculated using only the amount of the largest excess. 2021 - 2025 Access Arrangement for the DBNGP 65. (g) No Hourly Peaking Charge, whether under clause 10.3(d) or 10.4(a10.4(b), is payable in respect of any Gas Hour in 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 incorrect in any material respect. (h) The Operator may not: (i) issue a notice pursuant to clause 10.3(a)(iii) or refuse to Deliver Gas pursuant to clause 10.3(a)(iv) unless 10.3(a)(ii)unless it has, to the extent reasonable in the circumstances, first endeavoured to co-operate with the Shipper to ameliorate the impact of the Shipper exceeding its Hourly Peaking Limit; or (ii) other than when due to Force Majeure or by reason of an emergency, refuse to Deliver Gas pursuant to clause 10.3(a)(iv10.3(a)(ii) without having issued a notice in accordance with clause 10.3(a)(iii).

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 Capacity, or any Other Reserved 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; andand 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 65 (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)(ii10.3(c)(ii)10.3(b), 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 Tthe 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)(i10.3(c)(i)10.3(c) to have used best endeavours to have complied with the notices issued for the purposes of clause 10.3(a)(iii) so that the Shipper is still exceeding at least one of the Hourly Peaking Limits by the end of the following Gas Hour, the Shipper must pay an Hourly Peaking Charge at the Hourly Peaking Rate for each GJ of Gas Received: (i) in excess of the Hourly Peaking Limit (if a notice has not been issued pursuant to clause 10.4(e10.5(e)10.4(e)); or (ii) in excess of the Hourly Peaking Limit up to the Outer Hourly Peaking Limit (if a notice has been issued pursuant to clause 10.4(e10.5(e)10.4(e)), in accordance with clause 20. (e) If the Hourly Peaking Charge is payable under clause 10.3(d), that charge is payable in respect of the Gas Hour in which the relevant Hourly Peaking Limit was first exceeded, and each subsequent Gas Hour until the first occasion on which the Shipper is no longer exceeding any of the Hourly Peaking Limits (after which the Shipper is not liable to pay any Hourly Peaking Charge until a new notice is issued under clause 10.3(a)(iii) or clause 10.4(e) (as the case may be)). (f) If the Shipper exceeds more than one Hourly Peaking Limit in respect of the same Gas Hour, then the Hourly Peaking Charge under clause 10.3(d) is calculated using only the amount of the largest excess. 2021 - 2025 Access Arrangement for the DBNGP 65. (g) No Hourly Peaking Charge, whether under clause 10.3(d) or 10.4(a), is payable in respect of any Gas Hour in 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 incorrect in any material respect. (h) The Operator may not: (i) issue a notice pursuant to clause 10.3(a)(iii) or refuse to Deliver Gas pursuant to clause 10.3(a)(iv) unless it has, to the extent reasonable in the circumstances, first endeavoured to co-operate with the Shipper to ameliorate the impact of the Shipper exceeding its Hourly Peaking Limit; or (ii) other than when due to Force Majeure or by reason of an emergency, refuse to Deliver Gas pursuant to clause 10.3(a)(iv) without having issued a notice in accordance with clause 10.3(a)(iii).

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 Capacity, or any Other Reserved 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) 10.3(b), 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 tThe 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)(i10.3(c)10.3(c)(i) to have used best endeavours to have complied with the notices issued for the purposes of clause 10.3(a)(iii) so that the Shipper is still exceeding at least one of the Hourly Peaking Limits by the end of the following Gas Hour, the Shipper must pay an Hourly Peaking Charge at the Hourly Peaking Rate for each GJ of Gas Received: (i) in excess of the Hourly Peaking Limit (if a notice has not been issued pursuant to clause 10.4(e10.5(e)10.4(e)); or (ii) in excess of the Hourly Peaking Limit up to the Outer Hourly Peaking Limit (if a notice has been issued pursuant to clause 10.4(e10.5(e)10.4(e)), in accordance with clause 20. (e) If the Hourly Peaking Charge is payable under clause 10.3(d), that charge is payable in respect of the Gas Hour in which the relevant Hourly Peaking Limit was first exceeded, and each subsequent Gas Hour until the first occasion on which the Shipper is no longer exceeding any of the Hourly Peaking Limits (after which the Shipper is not liable to pay any Hourly Peaking Charge until a new notice is issued under clause 10.3(a)(iii) or clause 10.4(e) (as the case may be)). (f) If the Shipper exceeds more than one Hourly Peaking Limit in respect of the same Gas Hour, then the Hourly Peaking Charge under clause 10.3(d) is calculated using only the amount of the largest excess. 2021 - 2025 Access Arrangement for the DBNGP 65. (g) No Hourly Peaking Charge, whether under clause 10.3(d) or 10.4(a10.4(b), is payable in respect of any Gas Hour in 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 incorrect in any material respect. (h) The Operator may not: (i) issue a notice pursuant to clause 10.3(a)(iii) or refuse to Deliver Gas pursuant to clause 10.3(a)(iv) unless it has, to the extent reasonable in the circumstances, first endeavoured to co-operate with the Shipper to ameliorate the impact of the Shipper exceeding its Hourly Peaking Limit; or (ii) other than when due to Force Majeure or by reason of an emergency, refuse to Deliver Gas pursuant to clause 10.3(a)(iv) without having issued a notice in accordance with clause 10.3(a)(iii).

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 Capacity, or any Other Reserved 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; andand 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 65 (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)(ii10.3(c)(ii)10.3(b), 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 Tthe 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)(i10.3(c)(c)(i) to have used best endeavours to have complied with the notices issued for the purposes of clause 10.3(a)(iii) so that the Shipper is still exceeding at least one of the Hourly Peaking Limits by the end of the following Gas Hour, the Shipper must pay an Hourly Peaking Charge at the Hourly Peaking Rate for each GJ of Gas Received: (i) in excess of the Hourly Peaking Limit (if a notice has not been issued pursuant to clause 10.4(e10.4(e)10.5(e)); or (ii) in excess of the Hourly Peaking Limit up to the Outer Hourly Peaking Limit (if a notice has been issued pursuant to clause 10.4(e10.4(e)10.5(e)), in accordance with clause 20. (e) If the Hourly Peaking Charge is payable under clause 10.3(d), that charge is payable in respect of the Gas Hour in which the relevant Hourly Peaking Limit was first exceeded, and each subsequent Gas Hour until the first occasion on which the Shipper is no longer exceeding any of the Hourly Peaking Limits (after which the Shipper is not liable to pay any Hourly Peaking Charge until a new notice is issued under clause 10.3(a)(iii) or clause 10.4(e) (as the case may be)). (f) If the Shipper exceeds more than one Hourly Peaking Limit in respect of the same Gas Hour, then the Hourly Peaking Charge under clause 10.3(d) is calculated using only the amount of the largest excess. 2021 - 2025 Access Arrangement for the DBNGP 65. (g) No Hourly Peaking Charge, whether under clause 10.3(d) or 10.4(a10.4(b), is payable in respect of any Gas Hour in 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 incorrect in any material respect. (h) The Operator may not: (i) issue a notice pursuant to clause 10.3(a)(iii) or refuse to Deliver Gas pursuant to clause 10.3(a)(iv) unless 10.3(a)(ii)(a)(ii)(a)(iv)unless it has, to the extent reasonable in the circumstances, first endeavoured to co-co- operate with the Shipper to ameliorate the impact of the Shipper exceeding its Hourly Peaking Limit; or (ii) other than when due to Force Majeure or by reason of an emergency, refuse to Deliver Gas pursuant to clause 10.3(a)(iv10.3(a)(ii)(a)(ii)(a)(iv) without having issued a notice in accordance with clause 10.3(a)(iii10.3(a)(iii)(a)(i).

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 purposes of clause 10.3(a)(iii) so that the Shipper is still exceeding at least one of the Hourly Peaking Limits by the end of the following Gas Hour, the Shipper must pay an Hourly Peaking Charge at the Hourly Peaking Rate for each GJ of Gas Received: (i) in excess of the Hourly Peaking Limit (if a notice has not been issued pursuant to clause 10.4(e)); or (ii) in excess of the Hourly Peaking Limit up to the Outer Hourly Peaking Limit (if a notice has been issued pursuant to clause 10.4(e)), in accordance with clause 20. (e) If the Hourly Peaking Charge is payable under clause 10.3(d), that charge is payable in respect of the Gas Hour in which the relevant Hourly Peaking Limit was first exceeded, and each subsequent Gas Hour until the first occasion on which the Shipper is no longer exceeding any of the Hourly Peaking Limits (after which the Shipper is not liable to pay any Hourly Peaking Charge until a new notice is issued under clause 10.3(a)(iii) or clause 10.4(e) (as the case may be)). (f) If the Shipper exceeds more than one Hourly Peaking Limit in respect of the same Gas Hour, then the Hourly Peaking Charge under clause 10.3(d) is calculated using only the amount of the largest excess. 2021 - 2025 Access Arrangement for the DBNGP 65. (g) No Hourly Peaking Charge, whether under clause 10.3(d) or 10.4(a10.4(b), is payable in respect of any Gas Hour in 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 incorrect in any material respect. (h) The Operator may not: (i) issue a notice pursuant to clause 10.3(a)(iii) or refuse to Deliver Gas pursuant to clause 10.3(a)(iv) unless it has, to the extent reasonable in the circumstances, first endeavoured to co-operate with the Shipper to ameliorate the impact of the Shipper exceeding its Hourly Peaking Limit; or (ii) other than when due to Force Majeure or by reason of an emergency, refuse to Deliver Gas pursuant to clause 10.3(a)(iv) without having issued a notice in accordance with clause 10.3(a)(iii).