Common use of Day-Ahead MDQ Clause in Contracts

Day-Ahead MDQ. (a) No later than 12:00 hours on the Day before the Service Providers are to provide a Service to the Shipper, the Shipper may give written notice to the Service Providers requesting: (i) additional Contractual MDQ for Firm Forward Haulage Services for the following Day (Additional MDQ); and (ii) that the Shipper’s Contractual MDQ for the following Day be increased by the amount of the Additional MDQ, (together, the Day-Ahead Service Request). (b) The Service Providers must, in their sole and absolute discretion, wholly or partially accept or reject a Day-Ahead Service Request and notify the Shipper of their decision by 13:00 or as soon as possible thereafter on the Day before the Day on which the Service Providers are required to provide the Services set out in the Day-Ahead Service Request. (c) If the Service Providers reject a Day-Ahead Service Request entirely, the Service Providers will have no obligation to provide the Firm Forward Haulage Services the subject of the Day-Ahead Service Request and the Shipper will have no right to nominate Additional MDQ as requested under the Day-Ahead Service Request. (d) If the Service Providers accept a Day-Ahead Service Request (wholly or partially) pursuant to clause 6.3(b): (i) the Shipper’s Contractual MDQ for the following Day will be increased by the amount of Additional MDQ that the Service Providers accept pursuant to clause 6.3(b) (Increased MDQ); and (ii) the Shipper may nominate to use all or part of the Increased MDQ prior to the Nomination Cut-Off Time on the Day before the Day on which the Service Providers are required to provide the Services set out in the Day- Ahead Service Request.

Day-Ahead MDQ. (a) No later than 12:00 hours on the Day before the Service Providers are to provide a Service to the Shipper, the Shipper may give written notice to the Service Providers requesting: (i) additional Contractual MDQ for Firm Forward Haulage Services for the following Day (Additional MDQ); and (ii) that the Shipper’s Contractual MDQ for the following Day be increased by the amount of the Additional MDQ, (together, the Day-Ahead Service Request). (b) The Service Providers must, in their sole and absolute discretion, wholly or partially accept or reject a Day-Ahead Service Request and notify the Shipper of their decision by 13:00 or as soon as possible thereafter on the Day before the Day on which the Service Providers are required to provide the Services set out in the Day-Ahead Service Request. (c) If the Service Providers reject a Day-Ahead Service Request entirely, the Service Providers will have no obligation to provide the Firm Forward Haulage Services the subject of the Day-Ahead Service Request and the Shipper will have no right to nominate to use the Additional MDQ as requested under in the Day-Ahead Service Request. (d) If the Service Providers accept a Day-Ahead Service Request (wholly or partially) pursuant to clause 6.3(b): (i) the Shipper’s Contractual MDQ for the following Day will be increased by the amount of Additional MDQ that the Service Providers accept pursuant to clause 6.3(b) (Increased MDQ); and (ii) the Shipper may nominate to use all or part of the Increased MDQ prior to the Nomination Cut-Off Time on the Day before the Day on which the Service Providers are required to provide the Services set out in the Day- Ahead Service Request.