Common use of Content of a Curtailment Notice and Initial Notice Clause in Contracts

Content of a Curtailment Notice and Initial Notice. (a) A Curtailment Notice must specify the following details: (i) The reasons for the Curtailment; (ii) the starting time of the Curtailment (which must not be any time before the Gas Day on which the Curtailment Notice is given), including the Gas Day or Gas Days to which the Curtailment Notice applies; and (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (b) An Initial Notice must specify the Operator's estimate of: (i) the reasons for the Curtailment; (ii) the starting time of the Curtailment; and (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (c) A Curtailment Notice: (i) takes effect from the time specified in the Curtailment Notice; (ii) may apply to the Gas Day on which the Curtailment Notice is issued even if, in order to comply with a Curtailment Notice, the Shipper must use best endeavours to, and to procure persons to whom the Shipper supplies Gas to, cease taking delivery of any Gas upon receipt of the Curtailment Notice in accordance with clause 17.8(a); (iii) may be expressed to continue indefinitely or for a specified time; (iv) may revoke, substitute or amend a previous Curtailment Notice; (v) must not require the Shipper to reduce its Receipt of Gas for the Gas Day as a whole to a level less than the Shipper has already actually Received for the Gas Day before the Curtailment Notice takes effect (that is, the Curtailment Notice must not be impossible to comply with); and (vi) does not retrospectively affect the Shipper's compliance with Hourly Peaking Limits or Outer Hourly Peaking Limits prior to the time the Curtailment Notice is issued on the Gas Day (for which purposes the Shipper's compliance with those limits for an hour must be determined having regard to the Shipper's Contracted Capacity at the commencement of the hour). (d) The Operator may at any time, whether or not it has specified in a Curtailment Notice an end time for a Curtailment, give notice to the Shipper (in accordance with clause 29) wholly or partly terminating a Curtailment either immediately or from any time in the future. (e) A Curtailment Notice constitutes a variation of this Contract while the Curtailment Notice is in force reducing the Shipper's Contracted Capacity to the extent, and in accordance with the apportionment (if any), specified in the notice, except for the purposes of calculating the Charges payable by the Shipper under clause 20 and for ascertaining whether the Shipper has been Curtailed under this clause 17, for which purposes the Shipper's Contracted Capacity remains as specified in the Access Request Form. Further, in respect of a particular shipper when calculating the amount of Total Contracted Capacity (either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point) the amount must not include any capacity Curtailed under clause 17.8 either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point, and the material equivalent to such clause in any of the shipper’s contracts for Capacity Service. (f) If a Curtailment Notice takes effect before the Shipper's next Nomination or Renomination under clause 8, the Shipper's Daily Nominations are taken to be reduced (if a reduction is required) to the same amount of Capacity Service as the Shipper is to have available under the Curtailment Notice given in respect of the Shipper's Contracted Capacity. (g) The Shipper may not: (i) Nominate or Renominate under clause 8 for Contracted Capacity; or (ii) Deliver Gas to or Receive Gas from the Operator, in excess of whichever is the lower of: (iii) its reduced Contracted Capacity because of clause 17.7(f); or (iv) the quantity specified in a Curtailment Notice as the maximum quantity which the Operator will Receive from, or Deliver to, the Shipper.

Appears in 3 contracts

Samples: Service Terms and Conditions, Service Terms and Conditions, Reference Service Terms and Conditions

AutoNDA by SimpleDocs

Content of a Curtailment Notice and Initial Notice. (a) A Curtailment Notice must specify the following details: (i) The the reasons for the Curtailment; (ii) the starting time of the Curtailment (which must not be any time before the Gas Day on which the Curtailment Notice is given), including the Gas Day or Gas Days to which the Curtailment Notice appliesCurtailment; and (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (b) An Initial Notice must specify the Operator's estimate of: (i) the reasons for the Curtailment; (ii) the starting time of the Curtailment; and (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (c) A Curtailment Notice: (i) takes effect from the time specified in the Curtailment Notice; (ii) may apply to the Gas Day on which the Curtailment Notice is issued even if, in order to comply with a Curtailment Notice, the Shipper must use best endeavours to, and to procure persons to whom the Shipper supplies Gas to, cease taking delivery of any Gas upon receipt of the Curtailment Notice in accordance with clause 17.8(a); (iii) may be expressed to continue indefinitely or for a specified time; (iv) may revoke, substitute or amend a previous Curtailment Notice; (v) must not require the Shipper to reduce its Receipt of Gas for the Gas Day as a whole to a level less than the Shipper has already actually Received for the Gas Day before the Curtailment Notice takes effect (that is, the Curtailment Notice must not be impossible to comply with); and (vi) does not retrospectively affect the Shipper's compliance with Hourly Peaking Limits or Outer Hourly Peaking Limits prior to the time the Curtailment Notice is issued on the Gas Day (for which purposes the Shipper's compliance with those limits for an hour must be determined having regard to the Shipper's Contracted Capacity at the commencement of the hour). (d) The Operator may at any time, whether or not it has specified in a Curtailment Notice an end time for a Curtailment, give notice to the Shipper (in accordance with clause 29) wholly or partly terminating a Curtailment either immediately or from any time in the future. (e) A Curtailment Notice constitutes a variation of this Contract while the Curtailment Notice is in force reducing the Shipper's Contracted Capacity to the extent, and in accordance with the apportionment (if any), specified in the notice, except for the purposes of calculating the Charges payable by the Shipper under clause 20 and for ascertaining whether the Shipper has been Curtailed under this clause 17, for which purposes the Shipper's Contracted Capacity remains as specified in the Access Request Form. Further, in respect of a particular shipper when calculating the amount of Total Contracted Capacity (either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point) the amount must not include any capacity Curtailed under clause 17.8 either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point, and the material equivalent to such clause in any of the shipper’s contracts for Capacity Service.. 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 93 (f) If a Curtailment Notice takes effect before the Shipper's next Nomination or Renomination under clause 8, the Shipper's Daily Nominations are taken to be reduced (if a reduction is required) to the same amount of Capacity Service as the Shipper is to have available under the Curtailment Notice given in respect of the Shipper's Contracted Capacity. (g) The Shipper may not: (i) Nominate or Renominate under clause 8 for Contracted Capacity; or (ii) Deliver Gas to or Receive Gas from the Operator, in excess of whichever is the lower of: (iii) its reduced Contracted Capacity because of clause 17.7(f); or (iv) the quantity specified in a Curtailment Notice as the maximum quantity which the Operator will Receive from, or Deliver to, the Shipper.

Appears in 1 contract

Samples: Reference Service Terms and Conditions

Content of a Curtailment Notice and Initial Notice. (a) A Curtailment Notice must specify the following details: (i) The the reasons for the Curtailment; (ii) the starting time of the Curtailment (which must not be any time before the Gas Day on which the Curtailment Notice is given), including the Gas Day or Gas Days to which the Curtailment Notice appliesCurtailment; and (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (b) An Initial Notice must specify the Operator's estimate of: (i) the reasons for the Curtailment; (ii) the starting time of the Curtailment; and (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (c) A Curtailment Notice: (i) takes effect from the time specified in the Curtailment Notice; (ii) may apply to the Gas Day on which the Curtailment Notice is issued even if, in order to comply with a Curtailment Notice, the Shipper must use best endeavours to, and to procure persons to whom the Shipper supplies Gas to, cease taking delivery of any Gas upon receipt of the Curtailment Notice in accordance with clause 17.8(a); (iii) may be expressed to continue indefinitely or for a specified time; (iv) may revoke, substitute or amend a previous Curtailment Notice; (v) must not require the Shipper to reduce its Receipt of Gas for the Gas Day as a whole to a level less than the Shipper has already actually Received for the Gas Day before the Curtailment Notice takes effect (that is, the Curtailment Notice must not be impossible to comply with); and (vi) does not retrospectively affect the Shipper's compliance with Hourly Peaking Limits or Outer Hourly Peaking Limits prior to the time the Curtailment Notice is issued on the Gas Day (for which purposes the Shipper's compliance with those limits for an hour must be determined having regard to the Shipper's Contracted Capacity at the commencement of the hour). (d) The Operator may at any time, whether or not it has specified in a Curtailment Notice an end time for a Curtailment, give notice to the Shipper (in accordance with clause 29) wholly or partly terminating a Curtailment either immediately or from any time in the future. (e) A Curtailment Notice constitutes a variation of this Contract while the Curtailment Notice is in force reducing the Shipper's Contracted Capacity to the extent, and in accordance with the apportionment (if any), specified in the notice, except for the purposes of calculating the Charges payable by the Shipper under clause 20 and for ascertaining whether the Shipper has been Curtailed under this clause 17, for which purposes the Shipper's Contracted Capacity remains as specified in the Access Request Form. Further, in respect of a particular shipper when calculating the amount of Total Contracted Capacity (either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point) the amount must not include any capacity Curtailed under clause 17.8 either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point, and the material equivalent to such clause in any of the shipper’s contracts for Capacity Service. (f) If a Curtailment Notice takes effect before the Shipper's next Nomination or Renomination under clause 8, the Shipper's Daily Nominations are taken to be reduced (if a reduction is required) to the same amount of Capacity Service as the Shipper is to have available under the Curtailment Notice given in respect of the Shipper's Contracted Capacity. (g) The Shipper may not: (i) Nominate or Renominate under clause 8 for Contracted Capacity; or (ii) Deliver Gas to or Receive Gas from the Operator, in excess of whichever is the lower of: (iii) its reduced Contracted Capacity because of clause 17.7(f); or (iv) the quantity specified in a Curtailment Notice as the maximum quantity which the Operator will Receive from, or Deliver to, the Shipper.

Appears in 1 contract

Samples: B1 Reference Service Terms and Conditions

Content of a Curtailment Notice and Initial Notice. (a) A Curtailment Notice must specify the following details: (i) The the reasons for the Curtailment; (ii) the starting time of the Curtailment (which must not be any time before the Gas Day on which the Curtailment Notice is given), including the Gas Day or Gas Days to which the Curtailment Notice applies; and (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (b) An Initial Notice must specify the Operator's estimate of: (i) the reasons for the Curtailment; (ii) the starting time of the Curtailment; and (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (c) A Curtailment Notice: (i) takes effect from the time specified in the Curtailment Notice; (ii) may apply to the Gas Day on which the Curtailment Notice is issued even if, in order to comply with a Curtailment Notice, the Shipper must use best endeavours to, and to procure persons to whom the Shipper supplies Gas to, cease taking delivery of any Gas upon receipt of the Curtailment Notice in accordance with clause 17.8(a); (iii) may be expressed to continue indefinitely or for a specified time; (iv) may revoke, substitute or amend a previous Curtailment Notice; (v) must not require the Shipper to reduce its Receipt of Gas for the Gas Day as a whole to a level less than the Shipper has already actually Received for the Gas Day before the Curtailment Notice takes effect (that is, the Curtailment Notice must not be impossible to comply with); and (vi) does not retrospectively affect the Shipper's compliance with Hourly Peaking Limits or Outer Hourly Peaking Limits prior to the time the Curtailment Notice is issued on the Gas Day (for which purposes the Shipper's compliance with those limits for an hour must be determined having regard to the Shipper's Contracted Capacity at the commencement of the hour). (d) The Operator may at any time, whether or not it has specified in a Curtailment Notice an end time for a Curtailment, give notice to the Shipper (in accordance with clause 29) wholly or partly terminating a Curtailment either immediately or from any time in the future. (e) A Curtailment Notice constitutes a variation of this Contract while the Curtailment Notice is in force reducing the Shipper's Contracted Capacity to the extent, and in accordance with the apportionment (if any), specified in the notice, except for the purposes of calculating the Charges payable by the Shipper under clause 20 and for ascertaining whether the Shipper has been Curtailed under this clause 17, for which purposes the Shipper's Contracted Capacity remains as specified in the Access Request Form. Further, in respect of a particular shipper when calculating the amount of Total Contracted Capacity (either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point) the amount must not include any capacity Curtailed under clause 17.8 either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point, and the material equivalent to such clause in any of the shipper’s contracts for Capacity Service.. 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 93 (f) If a Curtailment Notice takes effect before the Shipper's next Nomination or Renomination under clause 8, the Shipper's Daily Nominations are taken to be reduced (if a reduction is required) to the same amount of Capacity Service as the Shipper is to have available under the Curtailment Notice given in respect of the Shipper's Contracted Capacity. (g) The Shipper may not: (i) Nominate or Renominate under clause 8 for Contracted Capacity; or (ii) Deliver Gas to or Receive Gas from the Operator, in excess of whichever is the lower of: (iii) its reduced Contracted Capacity because of clause 17.7(f); or (iv) the quantity specified in a Curtailment Notice as the maximum quantity which the Operator will Receive from, or Deliver to, the Shipper.

Appears in 1 contract

Samples: Reference Services Terms and Conditions

AutoNDA by SimpleDocs

Content of a Curtailment Notice and Initial Notice. (a) A Curtailment Notice must specify the following details: (i) The the reasons for the Curtailment; (ii) the starting time of the Curtailment (which must not be any time before the Gas Day on which the Curtailment Notice is given), including the Gas Day or Gas Days to which the Curtailment Notice applies; and and 2021 - 2025 Access Arrangement for the DBNGP 91 (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (b) An Initial Notice must specify the Operator's estimate of: (i) the reasons for the Curtailment; (ii) the starting time of the Curtailment; and (iii) the portion of the Shipper's Contracted Capacity that is to be Curtailed. (c) A Curtailment Notice: (i) takes effect from the time specified in the Curtailment Notice; (ii) may apply to the Gas Day on which the Curtailment Notice is issued even if, in order to comply with a Curtailment Notice, the Shipper must use best endeavours to, and to procure persons to whom the Shipper supplies Gas to, cease taking delivery of any Gas upon receipt of the Curtailment Notice in accordance with clause 17.8(a); (iii) may be expressed to continue indefinitely or for a specified time; (iv) may revoke, substitute or amend a previous Curtailment Notice; (v) must not require the Shipper to reduce its Receipt of Gas for the Gas Day as a whole to a level less than the Shipper has already actually Received for the Gas Day before the Curtailment Notice takes effect (that is, the Curtailment Notice must not be impossible to comply with); and (vi) does not retrospectively affect the Shipper's compliance with Hourly Peaking Limits or Outer Hourly Peaking Limits prior to the time the Curtailment Notice is issued on the Gas Day (for which purposes the Shipper's compliance with those limits for an hour must be determined having regard to the Shipper's Contracted Capacity at the commencement of the hour). (d) The Operator may at any time, whether or not it has specified in a Curtailment Notice an end time for a Curtailment, give notice to the Shipper (in accordance with clause 29) wholly or partly terminating a Curtailment either immediately or from any time in the future. (e) A Curtailment Notice constitutes a variation of this Contract while the Curtailment Notice is in force reducing the Shipper's Contracted Capacity to the extent, and in accordance with the apportionment (if any), specified in the notice, except for the purposes of calculating the Charges payable by the Shipper under clause 20 and for ascertaining whether the Shipper has been Curtailed under this clause 17, for which purposes the Shipper's Contracted Capacity remains as specified in the Access Request Form. Further, in respect of a particular shipper when calculating the amount of Total Contracted Capacity (either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point) the amount must not include any capacity Curtailed under clause 17.8 either generally or in respect of a specific Capacity Service, Inlet Point or Outlet Point, and the material equivalent to such clause in any of the shipper’s contracts for Capacity Service. (f) If a Curtailment Notice takes effect before the Shipper's next Nomination or Renomination under clause 8, the Shipper's Daily Nominations are taken to be reduced (if a reduction is required) to the same amount of Capacity Service as the Shipper is to have available under the Curtailment Notice given in respect of the Shipper's Contracted Capacity. (g) The Shipper may not: (i) Nominate or Renominate under clause 8 for Contracted Capacity; or (ii) Deliver Gas to or Receive Gas from the Operator, in excess of whichever is the lower of: (iii) its reduced Contracted Capacity because of clause 17.7(f); or (iv) the quantity specified in a Curtailment Notice as the maximum quantity which the Operator will Receive from, or Deliver to, the Shipper.

Appears in 1 contract

Samples: T1 Reference Service Terms and Conditions

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!