Common use of Delivery of Natural Gas Clause in Contracts

Delivery of Natural Gas. (a) Subject to and in accordance with this Agreement, including Clauses 7 and 12, the Service Provider shall ensure that it is at any time and at all times, during the Service Year, able to comply with its obligations to deliver Natural Gas to the Customer pursuant to this Clause 4.2. (b) During the Service Year, the Customer shall be entitled, by submitting a Nomination (subject to and in accordance with this Agreement, including Clauses 7 and 12), to require the Service Provider to deliver a quantity of Natural Gas (not exceeding the Available Gas Quantity) to the Customer at the Gas Delivery Point pursuant to a Nomination in accordance with Clause 5. (c) Each Party acknowledges that, the Service requires the delivery of Natural Gas to the Customer at the Gas Delivery Point, at which the Facility is connected to the NTS, operated by National Grid Gas; and that delivery of Natural Gas at any other point, including (if applicable) where the Facility is connected to the Local Distribution Zone, shall, in relation to any such quantities of Natural Gas, be a failure by the Service Provider to provide the Service. (d) Title and risk of loss or damage to the Natural Gas delivered by the Service Provider to the Customer pursuant to this Agreement shall pass from the Service Provider to the Customer at the Gas Delivery Point. (e) The Service Provider shall ensure that all quantities of Natural Gas delivered from the Facility under this Agreement are measured in accordance with the measurement procedure specified in the LNG Terminal Agreement. (f) The Facility Delivery Capacity shall be deemed to be equal to the Facility Delivery Capacity (Nominal), unless the Facility Operator has, in respect of the relevant Day, made a contrary public notification on the website identified in Schedule 1, in which case the Facility Delivery Capacity shall be deemed to be such publicly notified capacity. For the avoidance of doubt, the Service Provider shall ensure that the Facility Delivery Capacity may only be zero (0) in the event of a Maintenance Period or an event of Force Majeure.

Delivery of Natural Gas. (a) Subject to and in accordance with this Agreement, including Clauses 7 and 12, the Service Provider shall ensure that it is at any time and at all times, during the Service Year, able to comply with its obligations to deliver Natural Gas to the Customer pursuant to this Clause 4.2. (b) During the Service Year, the Customer shall be entitled, by submitting a Nomination (subject to and in accordance with this Agreement, including Clauses 7 and 12), to require the Service Provider to deliver a quantity of Natural Gas (not exceeding the Available Required Gas Quantity) to the Customer at the Gas Delivery Point pursuant to a Nomination in accordance with Clause 5. (c) Each Party acknowledges that, the Service requires the delivery of Natural Gas to the Customer at the Gas Delivery Point, at which the Facility is connected to the NTS, operated by National Grid Gasthe Customer; and that delivery of Natural Gas at any other point, including (if applicable) where the Facility is connected to the Local Distribution Zone, shall, in relation to any such quantities of Natural Gas, be a failure by the Service Provider to provide the Service. (d) Title and risk of loss or damage to the Natural Gas delivered by the Service Provider to the Customer pursuant to this Agreement shall pass from the Service Provider to the Customer at the Gas Delivery Point. (e) The Service Provider shall ensure that all quantities of Natural Gas delivered from the Facility under this Agreement are measured in accordance with the measurement procedure specified in the LNG Terminal Agreement. (f) The Maximum Facility Delivery Capacity Rate shall be deemed to be equal to the Maximum Facility Delivery Capacity (Nominal)Capacity, unless the Facility Operator has, in respect of the relevant Day, made a contrary public notification on the website identified in Schedule 1, in which case the Maximum Facility Delivery Capacity Rate shall be deemed to be such publicly notified capacity. For the avoidance of doubt, the Service Provider shall ensure that the Maximum Facility Delivery Capacity Rate may only be zero (0) in the event of a Maintenance Period or an event of Force Majeure.

Delivery of Natural Gas. (a) Subject to and in accordance with this Agreement, including Clauses 7 and 12, the Service Provider shall ensure that it is at any time and at all times, during the Service Year, able to comply with its obligations to deliver Natural Gas to the Customer pursuant to this Clause 4.2. (b) During the Service Year, the Customer shall be entitled, by submitting a Nomination (subject to and in accordance with this Agreement, including Clauses 7 and 12), to require the Service Provider to deliver a quantity of Natural Gas (not exceeding the Available Gas Quantity) to the Customer at the Gas Delivery Point pursuant to a Nomination in accordance with Clause 5. (c) Each Party acknowledges that, the Service requires the delivery of Natural Gas to the Customer at the Gas Delivery Point, at which the Facility is connected to the NTS, operated by National Grid Gas; and that delivery of Natural Gas at any other point, including (if applicable) where the Facility is connected to the Local Distribution ZoneZone (as defined in the Network Code), shall, in relation to any such quantities of Natural Gas, be a failure by the Service Provider to provide the Service. (d) Title and risk of loss or damage to the Natural Gas delivered by the Service Provider to the Customer pursuant to this Agreement shall pass from the Service Provider to the Customer at the Gas Delivery Point. (e) The Service Provider shall ensure that all quantities of Natural Gas delivered from the Facility under this Agreement are measured in accordance with the measurement procedure specified in the LNG Terminal Agreement. (f) The Facility Delivery Capacity shall be deemed to be equal to the Facility Delivery Capacity (Nominal), unless the Facility Operator has, in respect of the relevant Day, made a contrary public notification on the website identified in Schedule 1, in which case the Facility Delivery Capacity shall be deemed to be such publicly notified capacity. For the avoidance of doubt, the Service Provider shall ensure that the Facility Delivery Capacity may only be zero (0) in the event of a Maintenance Period or an event of Force Majeure.

Delivery of Natural Gas. (a) Subject to and in accordance with this Agreement, including Clauses 7 and 12Clause 7, the Service Provider shall ensure procure that it is at any time and at all times, during the Service Year, times able to comply with its obligations to deliver Natural Gas to the Customer pursuant to this Clause 4.2. (b) During Subject to Clause 7, during the Service Year, Year the Customer shall be is entitled, by submitting a Nomination (subject to and in accordance with this Agreement, including Clauses 7 and 12)Clause 5, to require the Service Provider to deliver a quantity of Natural Gas (not exceeding the Available Gas Quantity) to the Customer at the Gas Delivery Point pursuant to a Nomination in accordance with Clause 5Point. (c) Each Party acknowledges that, the Service requires the delivery of Natural Gas to the Customer at the Gas Delivery Point, at which the Facility is connected to the NTS, operated by National Grid Gas; and that delivery of Natural Gas at any other point, including (if applicable) where the Facility is connected to the Local Distribution Zone, shall, in relation to any such quantities of Natural Gas, be a failure by the Service Provider to provide the Service. (d) Title and risk of loss or damage to the Natural Gas delivered by the Service Provider to the Customer pursuant to this Agreement shall pass from the Service Provider to the Customer at the Gas Delivery Point. (e) The Service Provider shall ensure that all quantities of Natural Gas delivered from the Facility under this Agreement are measured in accordance with the measurement procedure specified in the LNG Terminal Agreement. (fd) The Facility Delivery Capacity shall be deemed to be equal to the Facility Delivery Capacity (Nominal), unless the Facility Operator Service Provider has, in respect of on the relevant Day, made a contrary public notification on the website identified in Schedule 1, in which case the Facility Delivery Capacity shall be deemed to be such publicly notified capacity. (e) All Natural Gas delivered to the Customer pursuant to a Nomination shall be Compliant Gas. For If the avoidance Service Provider delivers Non-Compliant Gas to the Customer, each Party shall use reasonable endeavours to notify the other Party as soon as reasonably practical after becoming aware of doubtsuch Non-Compliant Gas and the Customer may at its option: (i) accept or continue to accept delivery of such Non-Compliant Gas (and the Customer’s rights under Clause 4.2(f) shall not be prejudiced by its election to accept delivery of Non-Compliant Gas (whether or not the Customer is aware that such Natural Gas is Non-Compliant Gas)); or (ii) give written notice to the Service Provider requiring the Service Provider to discontinue or procure the discontinuance of the delivery of such Non- Compliant Gas as soon as safely practicable. If, following such discontinuance: (A) the Service Provider notifies the Customer that it is able to deliver Compliant Gas to satisfy the Nomination; and (B) the Customer gives written agreement, the Service Provider may resume delivery of Compliant Gas to satisfy such Nomination. (f) To the extent that the Service Provider: (i) delivers Non-Compliant Gas to the Customer, the Service Provider shall ensure pay to the Customer all reasonable costs and expenses reasonably incurred by the Customer in consequence of such delivery, including (without limitation) costs and expenses incurred: (A) in cleaning or clearing any part of the NTS; and/or (B) in taking reasonable measures to secure that the Facility Delivery Capacity may only NTS can be zero operated in accordance with applicable Legal Requirements notwithstanding the delivery or continued delivery of such Non-Compliant Gas, as such costs and expenses are described in and recoverable by National Grid Gas in accordance with Section I3.4 of the Transportation Principal Document of the Network Code, provided that if the Customer knowingly chooses to accept Non-Compliant Gas such amount shall not exceed the amount that would otherwise have been payable by the Service Provider, in accordance with Clauses 13.1 and 13.2, had the Customer rejected the Non-Compliant Gas and the Customer shall have no other claim against the Service Provider in respect of such Non- Compliant Gas; or (0ii) in fails to deliver Compliant Gas pursuant to Clause 4.2(e) and the event Customer has not chosen to accept delivery of such Non-Compliant Gas, the Service Provider shall be taken to have failed to deliver Natural Gas to the Customer for the purposes of Clause 5. (g) The Customer shall be responsible for arranging the entry of Natural Gas delivered to it pursuant to a Maintenance Period or an event of Force MajeureNomination to the NTS, and shall make the appropriate nominations for such Natural Gas as are required under the Network Code.

Delivery of Natural Gas. (a) The Customer shall deliver to the Service Provider Natural Gas by Storage Transfer or for injection to the Facility at the Gas Delivery Point. (b) Subject to and in accordance with this Agreement, including Clauses 7 and 12Clause 7, the Service Provider shall ensure procure that it is at any time and at all times, during the Service Year, times able to comply with its obligations to deliver Natural Gas to the Customer pursuant to this Clause 4.24.3. (bc) During the Service Year, Year the Customer shall be is entitled, by submitting a Nomination (subject to and in accordance with this Agreement, including Clauses 7 and 12)Clause 5, to require the Service Provider to deliver a quantity of Natural Gas (not exceeding the Available Gas Quantityits Gas-in-Storage) to the Customer at the Gas Delivery Point pursuant to a Nomination in accordance with Clause 5. (c) Each Party acknowledges that, the Service requires the delivery of Natural Gas to the Customer at the Gas Delivery Point, at which the Facility is connected to the NTS, operated by National Grid Gas; and that delivery of Natural Gas at any other point, including (if applicable) where the Facility is connected to the Local Distribution Zone, shall, in relation to any such quantities of Natural Gas, be a failure by the Service Provider to provide the Service. (d) Title and risk of loss or damage to the Natural Gas delivered by the Service Provider to the Customer pursuant to this Agreement shall pass from the Service Provider to the Customer at the Gas Delivery Point. (ed) The Service Provider shall ensure that all quantities shall: (i) notify the Customer of Natural Gas delivered from the Facility under this Agreement are measured Delivery Capacity in accordance with respect of each Day of the measurement procedure specified in Term by noon on the LNG Terminal Agreement. (f) The preceding Day and failing such notification, the Facility Delivery Capacity shall be deemed to be equal to the Facility Delivery Capacity (Nominal), unless ; (ii) deliver to the Customer Natural Gas withdrawn from the Facility Operator has, at the Gas Delivery Point; and (iii) measure the volumes of injected and/ or withdrawn Natural Gas in respect accordance with the measurement procedure specified in the Storage Connection Agreement. (e) Title and risk of loss or damage to the Natural Gas delivered pursuant to this Agreement shall pass at the Gas Delivery Point to the Service Provider in the case of injection and to the Customer in the case of withdrawal. (f) All Natural Gas delivered to or injected by the Customer pursuant to a Nomination shall be Compliant Gas. If either Party delivers (by way if injection in the case of the Customer, or by way of withdrawal in the case of the Service Provider) Non-Compliant Gas to the other Party, each Party shall use reasonable endeavours to notify the other Party as soon as reasonably practical after becoming aware of such Non-Compliant Gas. The Party receiving such Non-Compliant Gas may at its option: (i) accept or continue to accept delivery of such Non-Compliant Gas (and the relevant DayParty’s rights under Clauses 4.3(g) or 4.3(h) shall not be prejudiced by its election to accept delivery of Non-Compliant Gas (whether or not the Party is aware that such Natural Gas is Non-Compliant Gas)); or (ii) give written notice to the other Party requiring it to discontinue or procure the discontinuance of the delivery of such Non-Compliant Gas as soon as safely practicable. If, made following such discontinuance: (A) the delivering Party notifies the receiving Party that it is able to deliver Compliant Gas to satisfy the Nomination; and (B) the receiving Party gives written agreement, the delivering Party may resume delivery of Compliant Gas to satisfy such Nomination. (g) To the extent that Non-Compliant Gas is delivered: (i) to the Customer pursuant to a contrary public notification on the website identified in Schedule 1, in which case the Facility Delivery Capacity shall be deemed to be such publicly notified capacity. For the avoidance of doubtWithdrawal Nomination, the Service Provider shall ensure pay to the Customer all reasonable costs and expenses reasonably incurred by the Customer in consequence of such delivery, including (without limitation) costs and expenses incurred: (A) in cleaning or clearing any part of the NTS; and/or (B) in taking reasonable measures to secure that the NTS can be operated in accordance with applicable Legal Requirements notwithstanding the delivery or continued delivery of such Non-Compliant Gas as such costs and expenses are described in and recoverable by National Grid Gas in accordance with Section I3.4 of the Transportation Principal Document of the Network Code, provided that if the Customer knowingly chooses to accept Non-Compliant Gas such amount shall not exceed the amount that would otherwise have been payable by the Service Provider had the Customer rejected the Non-Compliant Gas and the Customer shall have no other claim against the Service Provider in respect of such Non-Compliant Gas; or (ii) to the Service Provider pursuant to an Injection Nomination, the Customer shall pay to the Service Provider all reasonable costs and expenses reasonably incurred by the Service Provider in consequence of such delivery, including (without limitation) costs and expenses incurred: (A) in cleaning or clearing any part of the Facility; and/or (B) in taking reasonable measures to secure that the Facility Delivery Capacity may only can be zero operated in accordance with applicable Legal Requirements notwithstanding the delivery or continued delivery of such Non- Compliant Gas as such costs and expenses are described in and payable by National Grid Gas in accordance with Section J3.4 of the Transportation Principal Document of the Network Code, provided that if the Service Provider knowingly chooses to accept Non-Compliant Gas such amount shall not exceed the amount that would otherwise have been payable by the Customer had the Service Provider rejected the Non-Compliant Gas and the Service Provider shall have no other claim against the Customer in respect of such Non-Compliant Gas. (0h) in To the event extent that the Service Provider fails to deliver Compliant Gas pursuant to Clause 4.3(f) and the Customer has not chosen to accept delivery of such Non- Compliant Gas, the Service Provider shall be taken to have failed to deliver Natural Gas to the Customer for the purposes of Clause 5. (i) The Customer shall be responsible for arranging the entry of Natural Gas delivered to it pursuant to a Maintenance Period or an event of Force MajeureNomination to the NTS, and shall make the appropriate nominations for such Natural Gas as are required under the Network Code.

Delivery of Natural Gas. (a) The Customer shall deliver to the Service Provider Natural Gas by Storage Transfer or for injection to the Facility at the Gas Delivery Point. (b) Subject to and in accordance with this Agreement, including Clauses 7 and 12Clause 7, the Service Provider shall ensure procure that it is at any time and at all times, during the Service Year, times able to comply with its obligations to deliver Natural Gas to the Customer pursuant to this Clause 4.24.3. (bc) During Subject to Clause 7, during the Service Year, Year the Customer shall be is entitled, by submitting a Nomination (subject to and in accordance with this Agreement, including Clauses 7 and 12)Clause 5, to require the Service Provider to deliver a quantity of Natural Gas (not exceeding the Available Gas Quantityits Gas-in-Storage) to the Customer at the Gas Delivery Point pursuant to a Nomination in accordance with Clause 5. (c) Each Party acknowledges that, the Service requires the delivery of Natural Gas to the Customer at the Gas Delivery Point, at which the Facility is connected to the NTS, operated by National Grid Gas; and that delivery of Natural Gas at any other point, including (if applicable) where the Facility is connected to the Local Distribution Zone, shall, in relation to any such quantities of Natural Gas, be a failure by the Service Provider to provide the Service. (d) Title and risk of loss or damage to the Natural Gas delivered by the Service Provider to the Customer pursuant to this Agreement shall pass from the Service Provider to the Customer at the Gas Delivery Point. (e) The Service Provider shall ensure that all quantities of Natural Gas delivered from the Facility under this Agreement are measured in accordance with the measurement procedure specified in the LNG Terminal Agreement. (fd) The Facility Delivery Capacity shall be deemed to be equal to the Facility Delivery Capacity (Nominal), unless the Facility Operator has, in respect of on the relevant Day, made a contrary public notification on the website identified in Schedule 1, in which case the Facility Delivery Capacity shall be deemed to be such publicly notified capacity. (e) The Service Provider shall: (i) deliver to the Customer Natural Gas withdrawn from the Facility at the Gas Delivery Point; and (ii) on each Day, procure that the Facility Operator measures the volumes of injected and / or withdrawn Natural Gas (pursuant to any Nomination under this Agreement) in accordance with the measurement procedure specified in the Storage Connection Agreement. (f) Title and risk of loss or damage to the Natural Gas delivered pursuant to this Agreement shall pass at the Gas Delivery Point to the Service Provider in the case of injection and to the Customer in the case of withdrawal. (g) All Natural Gas delivered to or injected by the Customer pursuant to a Nomination shall be Compliant Gas. For If either Party delivers (by way of injection in the avoidance case of doubtthe Customer, or by way of withdrawal in the case of the Service Provider) Non-Compliant Gas to the other Party, each Party shall use reasonable endeavours to notify the other Party as soon as reasonably practical after becoming aware of such Non-Compliant Gas. The Party receiving such Non-Compliant Gas may at its option: (i) accept or continue to accept delivery of such Non-Compliant Gas (and the relevant Party’s rights under Clauses 4.3(h) or 4.3(i) shall not be prejudiced by its election to accept delivery of Non-Compliant Gas (whether or not the Party is aware that such Natural Gas is Non-Compliant Gas)); or (ii) give written notice to the other Party requiring it to discontinue or procure the discontinuance of the delivery of such Non-Compliant Gas as soon as safely practicable. If, following such discontinuance: (A) the delivering Party notifies the receiving Party that it is able to deliver Compliant Gas to satisfy the Nomination; and (B) the receiving Party gives written agreement, the delivering Party may resume delivery of Compliant Gas to satisfy such Nomination. (h) To the extent that Non-Compliant Gas is delivered: (i) to the Customer pursuant to a Withdrawal Nomination, the Service Provider shall ensure pay to the Customer all reasonable costs and expenses reasonably incurred by the Customer (in its capacity as a User in accordance with Section K1.3.1 of the Transportation Principal Document of the Network Code) in consequence of such delivery, being the costs and expenses incurred: (A) in cleaning or clearing any part of the NTS; and/or (B) in taking reasonable measures to secure that the NTS can be operated in accordance with applicable Legal Requirements notwithstanding the delivery or continued delivery of such Non-Compliant Gas, as such costs and expenses are described in and recoverable by National Grid Gas in accordance with Section I3.4 of the Transportation Principal Document of the Network Code, provided that if the Customer knowingly chooses to accept Non-Compliant Gas such amount shall not exceed the amount that would otherwise have been payable by the Service Provider had the Customer rejected the Non-Compliant Gas and the Customer shall have no other claim against the Service Provider in respect of such Non-Compliant Gas; or (ii) to the Service Provider pursuant to an Injection Nomination, the Customer shall pay to the Service Provider all reasonable costs and expenses reasonably incurred by the Service Provider in consequence of such delivery, being the costs and expenses incurred: (A) in cleaning or clearing any part of the Facility; and/or (B) in taking reasonable measures to secure that the Facility Delivery Capacity may only can be zero operated in accordance with applicable Legal Requirements notwithstanding the delivery or continued delivery of such Non- Compliant Gas, as such costs and expenses are described in and payable by National Grid Gas in accordance with Section J3.4 of the Transportation Principal Document of the Network Code, provided that if the Service Provider knowingly chooses to accept Non-Compliant Gas such amount shall not exceed the amount that would otherwise have been payable by the Customer had the Service Provider rejected the Non-Compliant Gas and the Service Provider shall have no other claim against the Customer in respect of such Non-Compliant Gas. (0i) in To the event extent that the Service Provider fails to deliver Compliant Gas pursuant to Clause 4.3(g) and the Customer has not chosen to accept delivery of such Non- Compliant Gas, the Service Provider shall be taken to have failed to deliver Natural Gas to the Customer for the purposes of Clause 5. (j) The Customer shall be responsible for arranging the entry of Natural Gas delivered to it pursuant to a Maintenance Period or an event of Force MajeureNomination to the NTS, and shall make the appropriate nominations for such Natural Gas as are required under the Network Code.

Delivery of Natural Gas. (a) Subject to and in accordance with this Agreement, including Clauses 7 and 12Clause 7, the Service Provider shall ensure procure that it is at any time and at all times, during the Service Year, times able to comply with its obligations to deliver Natural Gas to the Customer pursuant to this Clause 4.2. (b) During the Service Year, Year the Customer shall be is entitled, by submitting a Nomination (subject to and in accordance with this Agreement, including Clauses 7 and 12)Clause 5, to require the Service Provider to deliver a quantity of Natural Gas (not exceeding the Available Gas Quantity) to the Customer at the Gas Delivery Point pursuant to a Nomination in accordance with Clause 5Point. (c) Each Party acknowledges that, the Service requires the delivery of Natural Gas to the Customer at the Gas Delivery Point, at which the Facility is connected to the NTS, operated by National Grid Gas; and that delivery of Natural Gas at any other point, including (if applicable) where the Facility is connected to the Local Distribution Zone, shall, in relation to any such quantities of Natural Gas, be a failure by the Service Provider to provide the Service. (d) Title and risk of loss or damage to the Natural Gas delivered by the Service Provider to the Customer pursuant to this Agreement shall pass from the Service Provider to the Customer at the Gas Delivery Point. (ed) The Service Provider shall ensure that all quantities notify the Customer of Natural Gas delivered from the Facility under this Agreement are measured Delivery Capacity in accordance with respect of each Day of the measurement procedure specified in Term by noon on the LNG Terminal Agreement. (f) The preceding Day and failing such notification, the Facility Delivery Capacity shall be deemed to be equal to the Facility Delivery Capacity (Nominal). (e) All Natural Gas delivered to the Customer pursuant to a Nomination shall be Compliant Gas. If the Service Provider delivers Non-Compliant Gas to the Customer, unless each Party shall use reasonable endeavours to notify the Facility Operator has, in respect other Party as soon as reasonably practical after becoming aware of such Non-Compliant Gas and the Customer may at its option: (i) accept or continue to accept delivery of such Non-Compliant Gas (and the Customer’s rights under Clause 4.2(f) shall not be prejudiced by its election to accept delivery of Non-Compliant Gas (whether or not the Customer is aware that such Natural Gas is Non-Compliant Gas)); or (ii) give written notice to the Service Provider requiring the Service Provider to discontinue or procure the discontinuance of the relevant Daydelivery of such Non- Compliant Gas as soon as safely practicable. If, made a contrary public notification on following such discontinuance: (A) the website identified in Schedule 1Service Provider notifies the Customer that it is able to deliver Compliant Gas to satisfy the Nomination; and (B) the Customer gives written agreement, in which case the Facility Delivery Capacity shall be deemed Service Provider may resume delivery of Compliant Gas to be satisfy such publicly notified capacity. For Nomination. (f) To the avoidance of doubtextent that the Service Provider: (i) delivers Non-Compliant Gas to the Customer, the Service Provider shall ensure pay to the Customer all reasonable costs and expenses reasonably incurred by the Customer in consequence of such delivery, including (without limitation) costs and expenses incurred: (A) in cleaning or clearing any part of the NTS; and/or (B) in taking reasonable measures to secure that the Facility Delivery Capacity may only NTS can be zero operated in accordance with applicable Legal Requirements notwithstanding the delivery or continued delivery of such Non-Compliant Gas as such costs and expenses are described in and recoverable by National Grid Gas in accordance with Section I3.4 of the Transportation Principal Document of the Network Code, provided that if the Customer knowingly chooses to accept Non-Compliant Gas such amount shall not exceed the amount that would otherwise have been payable by the Service Provider had the Customer rejected the Non-Compliant Gas and the Customer shall have no other claim against the Service Provider in respect of such Non-Compliant Gas; or (0ii) in fails to deliver Compliant Gas pursuant to Clause 4.2(e) and the event Customer has not chosen to accept delivery of such Non-Compliant Gas, the Service Provider shall be taken to have failed to deliver Natural Gas to the Customer for the purposes of Clause 5. (g) The Customer shall be responsible for arranging the entry of Natural Gas delivered to it pursuant to a Maintenance Period or an event of Force MajeureNomination to the NTS, and shall make the appropriate nominations for such Natural Gas as are required under the Network Code.

Delivery of Natural Gas. (a) Subject to and in accordance with this Agreement, including Clauses 7 and 12Clause 7, the Service Provider shall ensure procure that it is at any time and at all times, during the Service Year, times able to comply with its obligations to deliver Natural Gas to the Customer pursuant to this Clause 4.2. (b) During Subject to Clause 7, during the Service Year, Year the Customer shall be is entitled, by submitting a Nomination (subject to and in accordance with this Agreement, including Clauses 7 and 12)Clause 5, to require the Service Provider to deliver a quantity of Natural Gas (not exceeding the Available Gas Quantity) to the Customer at the Gas Delivery Point pursuant to a Nomination in accordance with Clause 5Point. (c) Each Party acknowledges that, the Service requires the delivery of Natural Gas to the Customer at the Gas Delivery Point, at which the Facility is connected to the NTS, operated by National Grid Gas; and that delivery of Natural Gas at any other point, including (if applicable) where the Facility is connected to the Local Distribution Zone, shall, in relation to any such quantities of Natural Gas, be a failure by the Service Provider to provide the Service. (d) Title and risk of loss or damage to the Natural Gas delivered by the Service Provider to the Customer pursuant to this Agreement shall pass from the Service Provider to the Customer at the Gas Delivery Point. (e) The Service Provider shall ensure that all quantities of Natural Gas delivered from the Facility under this Agreement are measured in accordance with the measurement procedure specified in the LNG Terminal Agreement. (fd) The Facility Delivery Capacity shall be deemed to be equal to the Facility Delivery Capacity (Nominal), unless the Facility Operator Service Provider has, in respect of on the relevant Day, made a contrary public notification on the website identified in Schedule 1, in which case the Facility Delivery Capacity shall be deemed to be such publicly notified capacity. (e) All Natural Gas delivered to the Customer pursuant to a Nomination shall be Compliant Gas. For If the avoidance Service Provider delivers Non-Compliant Gas to the Customer, each Party shall use reasonable endeavours to notify the other Party as soon as reasonably practical after becoming aware of doubtsuch Non-Compliant Gas and the Customer may at its option: (i) accept or continue to accept delivery of such Non-Compliant Gas (and the Customer’s rights under Clause 4.2(f) shall not be prejudiced by its election to accept delivery of Non-Compliant Gas (whether or not the Customer is aware that such Natural Gas is Non-Compliant Gas)); or (ii) give written notice to the Service Provider requiring the Service Provider to discontinue or procure the discontinuance of the delivery of such Non- Compliant Gas as soon as safely practicable. If, following such discontinuance: (A) the Service Provider notifies the Customer that it is able to deliver Compliant Gas to satisfy the Nomination; and (B) the Customer gives written agreement, the Service Provider may resume delivery of Compliant Gas to satisfy such Nomination. (f) To the extent that the Service Provider: (i) delivers Non-Compliant Gas to the Customer, the Service Provider shall ensure pay to the Customer all reasonable costs and expenses reasonably incurred by the Customer (in its capacity as a User in accordance with Section K1.3.1 of the Transportation Principal Document of the Network Code) in consequence of such delivery, including (without limitation) costs and expenses incurred: (A) in cleaning or clearing any part of the NTS; and/or (B) in taking reasonable measures to secure that the Facility Delivery Capacity may only NTS can be zero operated in accordance with applicable Legal Requirements notwithstanding the delivery or continued delivery of such Non-Compliant Gas, as such costs and expenses are described in and recoverable by National Grid Gas in accordance with Section I3.4 of the Transportation Principal Document of the Network Code, provided that if the Customer knowingly chooses to accept Non-Compliant Gas such amount shall not exceed the amount that would otherwise have been payable by the Service Provider, in accordance with Clauses 13.1 and 13.2, had the Customer rejected the Non-Compliant Gas and the Customer shall have no other claim against the Service Provider in respect of such Non- Compliant Gas; or (0ii) in fails to deliver Compliant Gas pursuant to Clause 4.2(e) and the event Customer has not chosen to accept delivery of such Non-Compliant Gas, the Service Provider shall be taken to have failed to deliver Natural Gas to the Customer for the purposes of Clause 5. (g) The Customer shall be responsible for arranging the entry of Natural Gas delivered to it pursuant to a Maintenance Period or an event of Force MajeureNomination to the NTS, and shall make the appropriate nominations for such Natural Gas as are required under the Network Code.

Delivery of Natural Gas. (a) Subject to and in accordance with this Agreement, including Clauses 7 and 12, the Service Provider shall ensure that it is at any time and at all times, during the Service Year, able to comply with its obligations to deliver Natural Gas to the Customer pursuant to this Clause 4.2. (b) During the Service Year, the Customer shall be entitled, by submitting a Nomination (subject to and in accordance with this Agreement, including Clauses 7 and 12), to require the Service Provider to deliver a quantity of Natural Gas (not exceeding the Available Gas Quantity) to the Customer at the Gas Delivery Point pursuant to a Nomination in accordance with Clause 5. (c) Each Party acknowledges that, the Service requires the delivery of Natural Gas to the Customer at the Gas Delivery Point, at which the Facility is connected to the NTS, operated by National Grid Gas; and that delivery of Natural Gas at any other point, including (if applicable) where the Facility is connected to the Local Distribution Zone, shall, in relation to any such quantities of Natural Gas, be a failure by the Service Provider to provide the Service. (d) Title and risk of loss or damage to the Natural Gas delivered by the Service Provider to the Customer pursuant to this Agreement shall pass from the Service Provider to the Customer at the Gas Delivery Point. (e) The Service Provider shall ensure that all quantities of Natural Gas delivered from the Facility under this Agreement are measured in accordance with the measurement procedure specified in the LNG Terminal Agreement. (f) The Maximum Facility Delivery Capacity Rate shall be deemed to be equal to the Facility Delivery Capacity (Nominal), unless the Facility Operator has, in respect of the relevant Day, made a contrary public notification on the website identified in Schedule 1, in which case the Maximum Facility Delivery Capacity Rate shall be deemed to be such publicly notified capacity. For the avoidance of doubt, the Service Provider shall ensure that the Maximum Facility Delivery Capacity Rate may only be zero (0) in the event of a Maintenance Period or an event of Force Majeure.