Common use of Consequences of the Service Clause in Contracts

Consequences of the Service. Provider exercising rights under clause 10.2 (a) On receipt of a direction under clause 10.2(a), the User must immediately cease or cause the cessation of the delivery of Gas to the Receipt Point or the delivery of Gas to any pipe or system of pipes through which Gas is delivered by or on behalf of the User to the Receipt Point. (b) If the Service Provider issues a direction under clause 10.2(a) or ceases to accept Gas under clause 10.2(b), then: (i) if Gas delivered to any Receipt Point was Out-Of-Specification Gas, the User will not be relieved of its obligation to pay any Charges under this Agreement; or (ii) if Gas delivered to all Relevant Receipt Points did meet the Specification, then to the extent that the Service Provider was unable to deliver a Quantity of Gas equal to the MDQ at a particular Demand Customer Delivery Point for any period in excess of one Day, the Demand Charge for that Delivery Point for that period will be calculated by reference to the actual amount withdrawn at the Delivery Point on each Day during that period, rather than by reference to the Chargeable Demand for that Delivery Point. (c) The Service Provider will not be liable for, and the User will indemnify and hold the Service Provider harmless against, any and all Damages or claims in connection with or arising as a result of the giving of direction or the cessation of Gas delivery under clause 10.2 or any failure of the User to comply with a direction issued under clause 10.2 unless and to the extent that the negligent act or omission or wilful misconduct of the Service Provider caused that Damage or claim.

Consequences of the Service. Provider exercising rights under clause 10.2 (a) On receipt of a direction under clause 10.2(a), the User must immediately cease or cause the cessation of the delivery of Gas to the Receipt Point or the delivery of Gas to any pipe or system of pipes through which Gas is delivered by or on behalf of the User to the Receipt Point. (b) If the Service Provider issues a direction under clause 10.2(a) or ceases to accept Gas under clause 10.2(b), then: (i) if Gas delivered to any Receipt Point was Out-Of-Specification Gas, the User will not be relieved of its obligation to pay any Charges under this Agreement; or (ii) if Gas delivered to all Relevant Receipt Points did meet the Specification, then to the extent that the Service Provider was unable to deliver a Quantity of Gas equal to the MDQ at a particular Demand Customer Delivery Point for any period in excess of one Day, the Demand Charge for that Delivery Point for that period will be calculated by reference to the actual amount withdrawn at the Delivery Point on each Day during that period, rather than by reference to the Chargeable Demand for that Delivery Point. (c) The Service Provider is not liable to the User or to the User's Customers for any Damage if it directs the User to cease the delivery of Gas, or if it ceases to take delivery of Gas, under clause 10.2. (d) The Service Provider will not be liable for, and the User will indemnify and hold the Service Provider harmless against, any and all Damages or claims in connection with or arising as a result of the giving of direction or the cessation of Gas delivery under clause 10.2 or any failure of the User to comply with a direction issued under clause 10.2 unless and to the extent that the negligent act or omission or wilful misconduct of the Service Provider caused that Damage or claim10.2.