Common use of CUSTOMER COMPENSATION IN THE EVENT Clause in Contracts

CUSTOMER COMPENSATION IN THE EVENT. OF AN OVERRUN OF UNSCHEDULED MAINTENANCE The Customer may not claim any loss as a result of unscheduled Maintenance Operations. However, from the date on which the total Unavailability Rate for each Day on which unscheduled Maintenance Operations effectively has an impact exceeds fifteen (15) per period of twelve (12) consecutive months, the Storage Facility Manager will pay the Customer, at the latter's request, a daily fixed-sum compensation equal to the product of the recorded Unavailability Rate multiplied by one three hundred and sixty-fifth (1/365th) of the Annual Subscription Rate. In accordance with Deliberation n ° 2020-011 of the Energy Regulatory Commission of 23 January 2020 deciding on the tariff for the use of underground natural gas storage infrastructure, the penalty will be calculated on the basis of the amount due by the client for the duration of the restriction and the restriction rate: • In the event of a restriction in withdrawal capacities during the gas winter period (November - March), the penalty will be equal to the amount owed by the customer over the duration of the restriction, multiplied by the restriction rate. • In the event of a restriction in injection or withdrawal capacities during the gas summer period (April - October), the penalty will be equal to half the amount owed by the customer over the duration of the restriction, multiplied by the restriction rate. For example, in the case of a 20% restriction of the withdrawal capacity during the whole of a gas winter month, the penalty will be 20% * 1 * 1/12 * total cost of the capacity purchased by the customer.

CUSTOMER COMPENSATION IN THE EVENT. OF AN OVERRUN OF UNSCHEDULED MAINTENANCE The Customer may not claim any loss as a result of unscheduled Maintenance Operations. However, from the date on which the total Unavailability Rate for each Day on which unscheduled Maintenance Operations effectively has an impact exceeds fifteen (15) per period of twelve (12) consecutive months, the Storage Facility Manager will pay the Customer, at the latter's request, a daily fixed-sum compensation equal to the product of the recorded Unavailability Rate multiplied by one three hundred and sixty-fifth (1/365th) of the Annual Subscription Rate. In accordance with Deliberation n ° 2020-011 of the Energy Regulatory Commission of 23 January 2020 deciding on the tariff for the use of underground natural gas storage infrastructure, the penalty will be calculated on the basis of the amount due by the client for the duration of the restriction and the restriction rate: •  In the event of a restriction in withdrawal capacities during the gas winter period (November - March), the penalty will be equal to the amount owed by the customer over the duration of the restriction, multiplied by the restriction rate. •  In the event of a restriction in injection or withdrawal capacities during the gas summer period (April - October), the penalty will be equal to half the amount owed by the customer over the duration of the restriction, multiplied by the restriction rate. For example, in the case of a 20% restriction of the withdrawal capacity during the whole of a gas winter month, the penalty will be 20% * 1 * 1/12 * total cost of the capacity purchased by the customer.