Common use of Curtailment without liability Clause in Contracts

Curtailment without liability. (a) Subject to clause 17.3(b), the Operator is liable to the Shipper only for Direct Damage caused by or arising out of a Curtailment or interruption of the Shipper's P1 Service. For the avoidance of doubt, the giving of a Curtailment Notice constitutes a Curtailment and the provision by the Operator of Capacity equal to the Shipper's reduced Contracted Capacity under clause 17.7(e) during the currency of the Curtailment Notice which gave effect to that reduced Contracted Capacity is a Curtailment for the purposes of this clause 17.3(a). (b) The Operator has no liability to the Shipper whatsoever under clause 17.3(a) or otherwise, except as may be provided in clause 17.4, for a Curtailment in any of the following circumstances: (i) where the duration of the Curtailment together with the aggregate duration of all other Curtailments of the P1 Service during the Gas Year does not cause the P1 Permissible Curtailment Limit to be exceeded; (ii) where the Curtailment is in accordance with any of clauses 17.2(a) or 17.2(b); or (iii) where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment. This clause 17.3(b) does not derogate from or limit in any way the Operator's obligation under clause 17.1(a). (c) The P1 Permissible Curtailment Limit means 2% of the time in the relevant Gas Year during the Period of Supply (regardless of the amount of Capacity Curtailed during the period of the Curtailment) except that: (i) a Curtailment in circumstances set out in clause 17.2(a) or 17.2(b); (ii) a circumstance where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment; and (iii) a Curtailment pursuant to a Multi-shipper Agreement to the extent that such capacity would not have been Curtailed if the Curtailment Plan had been applied, is not to be aggregated with other Curtailments in determining whether the accumulated duration of Curtailments in a Gas Year cause the P1 Permissible Curtailment Limit to be exceeded.

Curtailment without liability. (a) Subject to clause 17.3(b), the Operator is liable to the Shipper only for Direct Damage caused by or arising out of a Curtailment or interruption of the Shipper's P1 B1 Service. For the avoidance of doubt, the giving of a Curtailment Notice constitutes a Curtailment and the provision by the Operator of Capacity equal to the Shipper's reduced Contracted Capacity under clause 17.7(e) during the currency of the Curtailment Notice which gave effect to that reduced Contracted Capacity is a Curtailment for the purposes of this clause 17.3(a). (b) The Operator has no liability to the Shipper whatsoever under clause 17.3(a) or otherwise, except as may be provided in clause 17.4, for a Curtailment in any of the following circumstances: (i) where the duration of the Curtailment together with the aggregate duration of all other Curtailments of the P1 B1 Service during the Gas Year does not cause the P1 B1 Permissible Curtailment Limit to be exceeded; (ii) where the Curtailment is in accordance with any of clauses 17.2(a), or 17.2(b) or 17.2(b17.2(f); or (iii) where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment. This clause 17.3(b) does not derogate from or limit in any way the Operator's obligation under clause 17.1(a). (c) The P1 B1 Permissible Curtailment Limit means 2% of the time in the relevant Gas Year during the Period of Supply (regardless of the amount of Capacity Curtailed during the period of the Curtailment) except that: (i) a Curtailment in circumstances set out in clause 17.2(a), 17.2(b) or 17.2(b17.2(f); (ii) a circumstance where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment; and (iii) a Curtailment pursuant to a Multi-shipper Agreement to the extent that such capacity would not have been Curtailed if the Curtailment Plan had been applied, is not to be aggregated with other Curtailments in determining whether the accumulated duration of Curtailments in a Gas Year cause the P1 B1 Permissible Curtailment Limit to be exceeded.

Curtailment without liability. (a) Subject to clause 17.3(b), the Operator is liable to the Shipper only for Direct Damage caused by or arising out of a Curtailment or interruption of the Shipper's P1 B1 Service. For the avoidance of doubt, the giving of a Curtailment Notice constitutes a Curtailment and the provision by the Operator of Capacity equal to the Shipper's reduced Contracted Capacity under clause 17.7(e) during the currency of the Curtailment Notice which gave effect to that reduced Contracted Capacity is a Curtailment for the purposes of this clause 17.3(a). (b) The Operator has no liability to the Shipper whatsoever under clause 17.3(a) or otherwise, except as may be provided in clause 17.4, for a Curtailment in any of the following circumstances: (i) where the duration of the Curtailment together with the aggregate duration of all other Curtailments of the P1 B1 Service during the Gas Year does not cause the P1 B1 Permissible Curtailment Limit to be exceeded; (ii) where the Curtailment is in accordance with any of clauses 17.2(a), 17.2(b) or 17.2(b17.2(f); or (iii) where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment. This clause 17.3(b) does not derogate from or limit in any way the Operator's obligation under clause 17.1(a). (c) The P1 B1 Permissible Curtailment Limit means 2% of the time in the relevant Gas Year during the Period of Supply (regardless of the amount of Capacity Curtailed during the period of the Curtailment) except that: (i) a Curtailment in circumstances set out in clause 17.2(a), 17.2(b) or 17.2(b17.2(f); (ii) a circumstance where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment; and (iii) a Curtailment pursuant to a Multi-shipper Agreement to the extent that such capacity would not have been Curtailed if the Curtailment Plan had been applied, is not to be aggregated with other Curtailments in determining whether the accumulated duration of Curtailments in a Gas Year cause the P1 B1 Permissible Curtailment Limit to be exceeded.

Curtailment without liability. (a) Subject to clause 17.3(b), the Operator is liable to the Shipper only for Direct Damage caused by or arising out of a Curtailment or interruption of the Shipper's P1 T1 Service. For the avoidance of doubt, the giving of a Curtailment Notice constitutes a Curtailment and the provision by the Operator of Capacity equal to the Shipper's reduced Contracted Capacity under clause 17.7(e) during the currency of the Curtailment Notice which gave effect to that reduced Contracted Capacity is a Curtailment for the purposes of this clause 17.3(a). (b) The Operator has no liability to the Shipper whatsoever under clause 17.3(a) or otherwise, except as may be provided in clause 17.4, for a Curtailment in any of the following circumstances: (i) where the duration of the Curtailment together with the aggregate duration of all other Curtailments of the P1 T1 Service during the Gas Year does not cause the P1 T1 Permissible Curtailment Limit to be exceeded; (ii) where the Curtailment is in accordance with any of clauses 17.2(a) or 17.2(b); or (iii) where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment. This clause 17.3(b) does not derogate from or limit in any way the Operator's obligation under clause 17.1(a). (c) The P1 T1 Permissible Curtailment Limit means 2% of the time in the relevant Gas Year during the Period of Supply (regardless of the amount of Capacity Curtailed during the period of the Curtailment) except that: (i) a Curtailment in circumstances set out in clause 17.2(a) or 17.2(b); (ii) a circumstance where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment; and (iii) a Curtailment pursuant to a Multi-shipper Agreement to the extent that such capacity would not have been Curtailed if the Curtailment Plan had been applied, is not to be aggregated with other Curtailments in determining whether the accumulated duration of Curtailments in a Gas Year cause the P1 T1 Permissible Curtailment Limit to be exceeded.

Curtailment without liability. (a) Subject to clause 17.3(b), the Operator is liable to the Shipper only for Direct Damage caused by or arising out of a Curtailment or interruption of the Shipper's P1 T1 Service. For the avoidance of doubt, the giving of a Curtailment Notice constitutes a Curtailment and the provision by the Operator of 2021 - 2025 Access Arrangement for the DBNGP 89 Capacity equal to the Shipper's reduced Contracted Capacity under clause 17.7(e) during the currency of the Curtailment Notice which gave effect to that reduced Contracted Capacity is a Curtailment for the purposes of this clause 17.3(a). (b) The Operator has no liability to the Shipper whatsoever under clause 17.3(a) or otherwise, except as may be provided in clause 17.4, for a Curtailment in any of the following circumstances: (i) where the duration of the Curtailment together with the aggregate duration of all other Curtailments of the P1 T1 Service during the Gas Year does not cause the P1 T1 Permissible Curtailment Limit to be exceeded; (ii) where the Curtailment is in accordance with any of clauses 17.2(a) or 17.2(b); or (iii) where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment. This clause 17.3(b) does not derogate from or limit in any way the Operator's obligation under clause 17.1(a). (c) The P1 T1 Permissible Curtailment Limit means 2% of the time in the relevant Gas Year during the Period of Supply (regardless of the amount of Capacity Curtailed during the period of the Curtailment) except that: (i) a Curtailment in circumstances set out in clause 17.2(a) or 17.2(b); (ii) a circumstance where clause 17.5 provides that the circumstance is not to be regarded as a Curtailment; and (iii) a Curtailment pursuant to a Multi-shipper Agreement to the extent that such capacity would not have been Curtailed if the Curtailment Plan had been applied, is not to be aggregated with other Curtailments in determining whether the accumulated duration of Curtailments in a Gas Year cause the P1 T1 Permissible Curtailment Limit to be exceeded.