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Common use of Delivery Obligations Clause in Contracts

Delivery Obligations. (a) Trading Participants who have concluded Physical Gas Transactions through the Exchange must make gas available for delivery, or accept delivery of gas (as applicable) in accordance with this clause 14.3. (b) In respect of any particular Gas Day, for Physical Gas Transactions (other than Location Swap Transactions) for which the Delivery Period includes, or comprises, that Gas Day: (i) each Delivering Participant must make available for delivery on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose; and (ii) each Receiving Participant must accept on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose. (c) In respect of any particular Gas Day, for Location Swap Transactions for which the Delivery Period includes, or comprises, that Gas Day: (i) each Buyer must: (A) make available for delivery on that Gas Day at the Swap Receipt Point the Order Quantity, and must submit accurate nominations for that purpose; and (B) accept on that Gas Day at the Swap Delivery Point the Order Quantity, and must submit accurate nominations for that purpose; (ii) each Seller must: (A) accept on that Gas Day at the Swap Receipt Point the Order Quantity and must submit accurate nominations for that purpose; and (B) make available for delivery at the Swap Delivery Point the Order Quantity and must submit accurate nominations for that purpose. (d) The corresponding Delivering Participant and Receiving Participant must cooperate to ensure that accurate nominations are submitted in a timely manner and to resolve any issues identified by the Gas Transporter in relation to any nomination. (e) For the purposes of this agreement, the quantities of gas delivered and accepted at a Delivery Point on any Gas Day will be the quantities determined in accordance with the conditions for allocation between shippers applicable at that Delivery Point, as determined by the Gas Transporter or by agreement between shippers from time to time, and prevailing at the time of delivery. (f) If the Delivering Participant or the Receiving Participant delivers or accepts (as the case may be) more or less than the Delivery Quantity at the Delivery Point on a Gas Day: (i) subject to clause 15.2, a Delivery Variance Amount will be payable by or to that party (as applicable) in respect of the Delivery Variance Quantity as part of its Settlement Amount for the Billing Period that includes that Gas Day; and (ii) without prejudice to any rights arising under this agreement in respect of title to gas or gas quality, the liability of that party for failure to deliver or accept the Delivery Quantity is limited to the amount of the payment or discount reflected in the Delivery Variance Amount, or an equivalent amount to be paid under paragraph (f). (g) If a dispute arises as to the quantity of gas made available for delivery or accepted at a Delivery Point and is not resolved and the outcome notified to the Operator under clause 15.2 by the cut-off date prior to Revised Statements for the relevant Billing Period, the resolution cannot be settled through the Exchange, but if it is subsequently agreed or determined that the delivered quantity was more or less than the Delivery Quantity then the Delivering Participant or the Receiving Participant (as the case may be) must pay to the other an amount representing: (i) the payment or offset that other party would have received in the relevant Settlement had the parties given the Operator a valid notice under clause 15.2 in terms that reflect the outcome of the dispute; and (ii) interest at the Interest Rate plus 2% per annum, calculated as simple interest on a daily basis, from the due date for payment of Settlement Amounts for that Billing Period to the date payment is made under this paragraph.

Appears in 2 contracts

Samples: Gas Supply Hub Exchange Agreement, Gas Supply Hub Exchange Agreement

Delivery Obligations. (a) Trading Participants who have concluded Physical Gas Transactions through the Exchange must make gas available for delivery, or accept delivery of gas (as applicable) in accordance with this clause 14.3. (b) In respect of any particular Gas Day, for Physical Gas Transactions (other than Location Swap Transactions) for which the Delivery Period includes, or comprises, that Gas Day: (i) each Delivering Participant must make available for delivery on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose; and (ii) each Receiving Participant must accept on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose. (c) In respect of any particular Gas Day, for Location Swap Transactions for which the Delivery Period includes, or comprises, that Gas Day: (i) each Buyer must: (A) make available for delivery on that Gas Day at the Swap Receipt Point the Order Quantity, and must submit accurate nominations for that purpose; and (B) accept on that Gas Day at the Swap Delivery Point the Order Quantity, and must submit accurate nominations for that purpose; (ii) each Seller must: (A) accept on that Gas Day at the Swap Receipt Point the Order Quantity and must submit accurate nominations for that purpose; and (B) make available for delivery at the Swap Delivery Point the Order Quantity and must submit accurate nominations for that purpose. (d) The corresponding Delivering Participant and Receiving Participant must cooperate to ensure that accurate nominations are submitted in a timely manner and to resolve any issues identified by the Gas Transporter in relation to any nomination. (e) For the purposes of this agreement, the quantities of gas delivered and accepted at a Delivery Point on any Gas Day will be the quantities determined in accordance with the conditions for allocation between shippers applicable at that Delivery Point, as determined by the Gas Transporter or by agreement between shippers from time to time, and prevailing at the time of delivery. (f) If the Delivering Participant or the Receiving Participant delivers or accepts (as the case may be) more or less than the Delivery Quantity at the Delivery Point on a Gas Day: (i) subject to clause 15.2, a Delivery Variance Amount will be payable by or to that party (as applicable) in respect of the Delivery Variance Quantity as part of its Settlement Amount for the Billing Period that includes that Gas Day; and (ii) without prejudice to any rights arising under this agreement in respect of title to gas or gas quality, the liability of that party for failure to deliver or accept the Delivery Quantity is limited to the amount of the payment or discount reflected in the Delivery Variance Amount, or an equivalent amount to be paid under paragraph (f). (g) If a dispute arises as to the quantity of gas made available for delivery or accepted at a Delivery Point and is not resolved and the outcome notified to the Operator under clause 15.2 by the cut-off date prior to Revised Statements for the relevant Billing Period, the resolution cannot be settled through the Exchange, but if it is subsequently agreed or determined that the delivered quantity was more or less than the Delivery Quantity then the Delivering Participant or the Receiving Participant (as the case may be) must pay to the other an amount representing: (i) the payment or offset that other party would have received in the relevant Settlement had the parties given the Operator a valid notice under clause 15.2 in terms that reflect the outcome of the dispute; and (ii) interest at the Interest Rate plus 2% per annum, calculated as simple interest on a daily basis, from the due date for payment of Settlement Amounts for that Billing Period to the date payment is made under this paragraph.clause

Appears in 2 contracts

Samples: Gas Supply Hub Exchange Agreement, Gas Supply Hub Exchange Agreement

Delivery Obligations. (a) Trading Participants who have concluded Physical Gas Transactions through the Exchange must make gas available for delivery, or accept delivery of gas (as applicable) in accordance with this clause 14.3. (b) . In respect of any particular Gas Day, for Physical Gas Transactions (other than Location Swap Transactions) for which the Delivery Period includes, or comprises, that Gas Day: (i) : each Delivering Participant must make available for delivery on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose; and (ii) and each Receiving Participant must accept on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose. (c) In respect of any particular Gas Day, for Location Swap Transactions for which the Delivery Period includes, or comprises, that Gas Day: (i) each Buyer must: (A) make available for delivery on that Gas Day at the Swap Receipt Point the Order Quantity, and must submit accurate nominations for that purpose; and (B) accept on that Gas Day at the Swap Delivery Point the Order Quantity, and must submit accurate nominations for that purpose; (ii) each Seller must: (A) accept on that Gas Day at the Swap Receipt Point the Order Quantity and must submit accurate nominations for that purpose; and (B) make available for delivery at the Swap Delivery Point the Order Quantity and must submit accurate nominations for that purpose. (d) . The corresponding Delivering Participant and Receiving Participant must cooperate co- operate to ensure that accurate nominations are submitted in a timely manner and to resolve any issues identified by the Gas Transporter in relation to any nomination. (e) . For the purposes of this agreement, the quantities of gas delivered and accepted at a Delivery Point on any Gas Day will be the quantities determined in accordance with the conditions for allocation between shippers applicable at that Delivery Point, as determined by the Gas Transporter or by agreement between shippers from time to time, and prevailing at the time of delivery. (f) . If the Delivering Participant Party or the Receiving Participant Party delivers or accepts (as the case may be) more or less than the Delivery Quantity at the Delivery Point on a Gas Day: (i) : subject to clause 15.2, a Delivery Variance Amount will be payable by or to that party (as applicable) in respect of the Delivery Variance Quantity as part of its Settlement Amount for the Billing Period that includes that Gas Day; and (ii) and without prejudice to any rights arising under this agreement in respect of title to gas or gas quality, the liability of that party for failure to deliver or accept the Delivery Quantity is limited to the amount of the payment or discount reflected in the Delivery Variance Amount, or an equivalent amount to be paid under paragraph (f). (g) . If a dispute arises as to the quantity of gas made available for delivery or accepted at a Delivery Point and is not resolved and the outcome notified to the Operator under clause 15.2 by the cut-off date prior to Revised Statements for the relevant Billing Period, the resolution cannot be settled through the Exchange, but if it is subsequently agreed or determined that the delivered quantity was more or less than the Delivery Quantity then the Delivering Participant or the Receiving Participant (as the case may be) must pay to the other an amount representing: (i) : the payment or offset that other party would have received in the relevant Settlement had the parties given the Operator a valid notice under clause 15.2 in terms that reflect the outcome of the dispute; and (ii) interest at the Interest Rate plus 2% per annum, calculated as simple interest on a daily basis, from the due date for payment of Settlement Amounts for that Billing Period to the date payment is made under this paragraph.clause

Appears in 1 contract

Samples: Gas Supply Hub Exchange Agreement

Delivery Obligations. (a) Trading Participants who have concluded Physical Gas Transactions through the Exchange must make gas available for delivery, or accept delivery of gas (as applicable) in accordance with this clause 14.3. (b) In respect of any particular Gas Day, for Physical Gas Transactions (other than Location Swap Transactions) for which the Delivery Period includes, or comprises, that Gas Day: (i) each Delivering Participant must make available for delivery on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose; and (ii) each Receiving Participant must accept on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose. (c) In respect of any particular Gas Day, for Location Swap Transactions for which the Delivery Period includes, or comprises, that Gas Day: (i) each Buyer must: (A) make available for delivery on that Gas Day at the Swap Receipt Point the Order Quantity, and must submit accurate nominations for that purpose; and (B) accept on that Gas Day at the Swap Delivery Point the Order Quantity, and must submit accurate nominations for that purpose; (ii) each Seller must: (A) accept on that Gas Day at the Swap Receipt Point the Order Quantity and must submit accurate nominations for that purpose; and (B) make available for delivery at the Swap Delivery Point the Order Quantity and must submit accurate nominations for that purpose. (d) The corresponding Delivering Participant and Receiving Participant must cooperate to ensure that accurate nominations are submitted in a timely manner and to resolve any issues identified by the Gas Transporter in relation to any nomination. (e) For the purposes of this agreement, the quantities of gas delivered and accepted at a Delivery Point on any Gas Day will be be: (i) the quantities determined in accordance with the conditions for allocation between shippers applicable at that Delivery Point, as determined by the Gas Transporter or by agreement between shippers from time to time, and prevailing at the time of delivery; or (ii) in respect of a Physical Gas Transaction in respect of a Delivery Point at a gas storage facility, the quantity recorded as an in-situ transfer in the gas storage balance account maintained by the Gas Transporter for the gas storage facility. (f) If the Delivering Participant or the Receiving Participant delivers or accepts (as the case may be) more or less than the Delivery Quantity at the Delivery Point on a Gas Day: (i) subject to clause 15.2, a Delivery Variance Amount will be payable by or to that party (as applicable) in respect of the Delivery Variance Quantity as part of its Settlement Amount for the Billing Period that includes that Gas Day; and (ii) without prejudice to any rights arising under this agreement in respect of title to gas or gas quality, the liability of that party for failure to deliver or accept the Delivery Quantity is limited to the amount of the payment or discount reflected in the Delivery Variance Amount, or an equivalent amount to be paid under paragraph (f). (g) If a dispute arises as to the quantity of gas made available for delivery or accepted at a Delivery Point and is not resolved and the outcome notified to the Operator under clause 15.2 by the cut-off date prior to Revised Statements for the relevant Billing Period, the resolution cannot be settled through the Exchange, but if it is subsequently agreed or determined that the delivered quantity was more or less than the Delivery Quantity then the Delivering Participant or the Receiving Participant (as the case may be) must pay to the other an amount representing: (i) the payment or offset that other party would have received in the relevant Settlement had the parties given the Operator a valid notice under clause 15.2 in terms that reflect the outcome of the dispute; and (ii) interest at the Interest Rate plus 2% per annum, calculated as simple interest on a daily basis, from the due date for payment of Settlement Amounts for that Billing Period to the date payment is made under this paragraph.

Appears in 1 contract

Samples: Gas Supply Hub Exchange Agreement

Delivery Obligations. (a) Trading Participants who have concluded Physical Gas Transactions through the Exchange must make gas available for delivery, or accept delivery of gas (as applicable) in accordance with this clause 14.3. (b) In respect of any particular Gas Day, for Physical Gas Transactions (other than Location Swap Transactions) for which the Delivery Period includes, or comprises, that Gas Day: (i) each Delivering Participant must make available for delivery on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose; and (ii) each Receiving Participant must accept on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose. (c) In respect of any particular Gas Day, for Location Swap Transactions for which the Delivery Period includes, or comprises, that Gas Day: (i) each Buyer must: (A) make available for delivery on that Gas Day at the Swap Receipt Point the Order Quantity, and must submit accurate nominations for that purpose; and (B) accept on that Gas Day at the Swap Delivery Point the Order Quantity, and must submit accurate nominations for that purpose; (ii) each Seller must: (A) accept on that Gas Day at the Swap Receipt Point the Order Quantity and must submit accurate nominations for that purpose; and (B) make available for delivery at the Swap Delivery Point the Order Quantity and must submit accurate nominations for that purpose. (d) The corresponding Delivering Participant and Receiving Participant must cooperate to ensure that accurate nominations are submitted in a timely manner and to resolve any issues identified by the Gas Transporter in relation to any nomination. (e) For the purposes of this agreement, the quantities of gas delivered and accepted at a Delivery Point on any Gas Day will be be: (i) the quantities determined in accordance with the conditions for allocation between shippers applicable at that Delivery Point, as determined by the Gas Transporter or by agreement between shippers from time to time, and prevailing at the time of delivery. (f) If the Delivering Participant or the Receiving Participant delivers or accepts (as the case may be) more or less than the Delivery Quantity at the Delivery Point on a Gas Day:; or (i) subject to clause 15.2, a Delivery Variance Amount will be payable by or to that party (as applicableii) in respect of the Delivery Variance Quantity as part of its Settlement Amount for the Billing Period that includes that a Physical Gas Day; and (ii) without prejudice to any rights arising under this agreement Transaction in respect of title to gas or gas quality, the liability of that party for failure to deliver or accept the Delivery Quantity is limited to the amount of the payment or discount reflected in the Delivery Variance Amount, or an equivalent amount to be paid under paragraph (f). (g) If a dispute arises as to the quantity of gas made available for delivery or accepted at a Delivery Point and is not resolved and at a gas storage facility, the outcome notified to quantity recorded as an in-situ transfer in the Operator under clause 15.2 gas storage balance account maintained by the cut-off date prior to Revised Statements Gas Transporter for the relevant Billing Period, the resolution cannot be settled through the Exchange, but if it is subsequently agreed or determined that the delivered quantity was more or less than the Delivery Quantity then the Delivering Participant or the Receiving Participant (as the case may be) must pay to the other an amount representing: (i) the payment or offset that other party would have received in the relevant Settlement had the parties given the Operator a valid notice under clause 15.2 in terms that reflect the outcome of the dispute; and (ii) interest at the Interest Rate plus 2% per annum, calculated as simple interest on a daily basis, from the due date for payment of Settlement Amounts for that Billing Period to the date payment is made under this paragraphgas storage facility.

Appears in 1 contract

Samples: Gas Supply Hub Exchange Agreement

Delivery Obligations. (a) Trading Participants who have concluded Physical Gas Transactions through the Exchange must make gas available for delivery, or accept delivery of gas (as applicable) in accordance with this clause 14.3. (b) In respect of any particular Gas Day, for Physical Gas Transactions (other than Location Swap Transactions) for which the Delivery Period includes, or comprises, that Gas Day: (i) each Delivering Participant must make available for delivery on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose; and (ii) each Receiving Participant must accept on that Gas Day at the Delivery Point the Delivery Quantity, and must submit accurate nominations for that purpose. (c) In respect of any particular Gas Day, for Location Swap Transactions for which the Delivery Period includes, or comprises, that Gas Day: (i) each Buyer must: (A) make available for delivery on that Gas Day at the Swap Receipt Point the Order Quantity, and must submit accurate nominations for that purpose; and (B) accept on that Gas Day at the Swap Delivery Point the Order Quantity, and must submit accurate nominations for that purpose; (ii) each Seller must: (A) accept on that Gas Day at the Swap Receipt Point the Order Quantity and must submit accurate nominations for that purpose; and (B) make available for delivery at the Swap Delivery Point the Order Quantity and must submit accurate nominations for that purpose. (d) The corresponding Delivering Participant and Receiving Participant must cooperate co- operate to ensure that accurate nominations are submitted in a timely manner and to resolve any issues identified by the Gas Transporter in relation to any nomination. (ed) For the purposes of this agreement, the quantities of gas delivered and accepted at a Delivery Point on any Gas Day will be the quantities determined in accordance with the conditions for allocation between shippers applicable at that Delivery Point, as determined by the Gas Transporter or by agreement between shippers from time to time, and prevailing at the time of delivery. (fe) If the Delivering Participant Party or the Receiving Participant Party delivers or accepts (as the case may be) more or less than the Delivery Quantity at the Delivery Point on a Gas Day: (i) subject to clause 15.2, a Delivery Variance Amount will be payable by or to that party (as applicable) in respect of the Delivery Variance Quantity as part of its Settlement Amount for the Billing Period that includes that Gas Day; and (ii) without prejudice to any rights arising under this agreement in respect of title to gas or gas quality, the liability of that party for failure to deliver or accept the Delivery Quantity is limited to the amount of the payment or discount reflected in the Delivery Variance Amount, or an equivalent amount to be paid under paragraph (f). (gf) If a dispute arises as to the quantity of gas made available for delivery or accepted at a Delivery Point and is not resolved and the outcome notified to the Operator under clause 15.2 by the cut-off date prior to Revised Statements for the relevant Billing Period, the resolution cannot be settled through the Exchange, but if it is subsequently agreed or determined that the delivered quantity was more or less than the Delivery Quantity then the Delivering Participant or the Receiving Participant (as the case may be) must pay to the other an amount representing: (i) the payment or offset that other party would have received in the relevant Settlement had the parties given the Operator a valid notice under clause 15.2 in terms that reflect the outcome of the dispute; and (ii) interest at the Interest Rate plus 2% per annum, calculated as simple interest on a daily basis, from the due date for payment of Settlement Amounts for that Billing Period to the date payment is made under this paragraph.

Appears in 1 contract

Samples: Gas Supply Hub Exchange Agreement