Common use of EXCEEDING CONTRACTED PEAK RATE Clause in Contracts

EXCEEDING CONTRACTED PEAK RATE. If <User>'s Instantaneous Flow Rate for a Delivery Point exceeds its Contracted Peak Rate for a Delivery Point on: (a) 3 or more days during any 30 day period; or (b) 8 or more days during a Year, then <Service Provider> must, as soon as reasonably practicable, notify <User> of this fact and of whether: (c) <Service Provider> is prepared to, having regard to the restrictions and pre- conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2, in which case (i) an increase in its Contracted Peak Rate, with effect from the last of the days referred to in clause 8(a) or 8(b) of this Schedule 2, as applicable, so that it is equal to the highest Instantaneous Flow Rate at the Delivery Point during the days referred to in clause 8(a) or 8(b), as applicable, in which case <Service Provider> will increase the Contracted Peak Rate for that Delivery Point and update the Delivery Point Register; and (ii) <Service Provider> installing, and to <User> paying the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate, and if <User> does not so elect within 10 Business Days, <Service Provider> may make the election on <User>'s behalf; or (d) <Service Provider> is not prepared to, having regard to the restrictions and pre-conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate.

EXCEEDING CONTRACTED PEAK RATE. (a) If <User>'s Instantaneous Flow Rate exceeds its Contracted Peak Rate for a Delivery Point, then <User> has acquired "Overrun Service" and must pay OC = OSR x Q Overrun OC = the Overrun Charge payable by <User> to <Service Provider> for the Delivery Point for the month; OSR = the "Overrun Service Rate" which is calculated by multiplying the Usage Charge Rate for the Delivery Point for the month by 200; and Q Overrun = the total for the month of each gigajoule or part of a gigajoule of Gas in excess of <User>'s Contracted Peak Rate that was delivered to <User> at the Delivery Point during a period of time in which <User>'s Instantaneous Flow Rate exceeded its Contracted Peak Rate. (b) Despite any provision to the contrary, a requirement under this clause 8 of this Schedule 2 to pay an Overrun Charge in respect of a gigajoule or part of a gigajoule does not relieve <User> of the obligation to pay the Charge determined under Tariff A1, or any other Charge payable under this Service Agreement, the Access Arrangement or any applicable Law, in respect of that gigajoule or part gigajoule. (c) If <User>'s Instantaneous Flow Rate exceeds its Contracted Peak Rate for a Delivery Point on: (ai) 3 or more days during any 30 day period; or (bii) 8 or more days during a Year, then <Service Provider> must, as soon as reasonably practicable, notify <User> of this fact and of whether: (ciii) <Service Provider> is prepared to, having regard to the restrictions and pre- pre-conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2Rate, in which casecase <User> must within 10 Business Days elect between: (i) A. an increase in its Contracted Peak Rate, with effect from the last of the days referred to in clause 8(a8(c)(i) or 8(b8(c)(ii) of this Schedule 2, as applicable, so that it is equal to the highest Instantaneous Flow Rate at the Delivery Point during the days referred to in clause 8(a8(c)(i) or 8(b8(c)(ii), as applicable, in which case <Service Provider> will increase the Contracted Peak Rate for that Delivery Point and update the Delivery Point Register; and (ii) B. <Service Provider> installing, and to <User> paying the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate, and if <User> does not so elect within 10 Business Days, <Service Provider> may make the election on <User>'s behalf; or (div) <Service Provider> is not prepared toprepared, having regard to the restrictions and pre-conditions specified in the Application Procedure, to increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate.to

EXCEEDING CONTRACTED PEAK RATE. If <User>'s Instantaneous Flow Rate for a Delivery Point exceeds its Contracted Peak Rate for a Delivery Point on: (a) 3 or more days during any 30 day period; or (b) 8 or more days during a Year, then <Service Provider> must, as soon as reasonably practicable, notify <User> of this fact and of whether: (c) <Service Provider> is prepared to, having regard to the restrictions and pre- conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 23, in which case (i) an increase in its Contracted Peak Rate, with effect from the last of the days referred to in clause 8(a) or 8(b) of this Schedule 23, as applicable, so that it is equal to the highest Instantaneous Flow Rate at the Delivery Point during the days referred to in clause 8(a) or 8(b), as applicable, in which case <Service Provider> will increase the Contracted Peak Rate for that Delivery Point and update the Delivery Point Register; and (ii) <Service Provider> installing, and to <User> paying the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate, and if <User> does not so elect within 10 Business Days, <Service Provider> may make the election on <User>'s behalf; or (d) <Service Provider> is not prepared to, having regard to the restrictions and pre-conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 23, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate.

EXCEEDING CONTRACTED PEAK RATE. (a) If <User>'s Instantaneous Flow Rate exceeds its Contracted Peak Rate for a Delivery Point, then <User> has acquired "Overrun Service" and must pay OC = OSR x Q Overrun OC = the Overrun Charge payable by <User> to <Service Provider> OSR = the "Overrun Service Rate" which is calculated by multiplying the Usage Charge Rate for the Delivery Point for the month by 200; and Q Overrun = the total for the month of each gigajoule or part of a gigajoule of Gas in excess of <User>'s Contracted Peak Rate that was delivered to <User> at the Delivery Point during a period of time in which <User>'s Instantaneous Flow Rate exceeded its Contracted Peak Rate. (b) Despite any provision to the contrary, a requirement under this clause 8 of this Schedule 1 to pay an Overrun Charge in respect of a gigajoule or part of a gigajoule does not relieve <User> of the obligation to pay the Charge determined under Tariff A1, or any other Charge payable under this Service Agreement, or any applicable Law, in respect of that gigajoule or part gigajoule. (c) If <User>'s Instantaneous Flow Rate exceeds its Contracted Peak Rate for a Delivery Point on: (ai) 3 or more days during any 30 day period; or (bii) 8 or more days during a Year, then <Service Provider> must, as soon as reasonably practicable, notify <User> of this fact and of whether:notify (ciii) <Service Provider> is prepared to, having regard to the restrictions and pre- pre-conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2Rate, in which casecase <User> must within 10 Business Days elect between: (i) A. an increase in its Contracted Peak Rate, with effect from the last of the days referred to in clause 8(a8(c)(i) or 8(b8(c)(ii) of this Schedule 21, as applicable, so that it is equal to the highest Instantaneous Flow Rate at the Delivery Point during the days referred to in clause 8(a8(c)(i) or 8(b8(c)(ii), as applicable, in which case <Service Provider> will increase the Contracted Peak Rate for that Delivery Point and update the Delivery Point Register; and (ii) B. <Service Provider> installing, and to <User> paying the costs of <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to and if <User> does not so elect within 10 Business Days, <Service Provider> may make the election on <User>'s behalf; or (iv) <Service Provider> is not prepared, having regard to no more than the restrictions and pre-conditions specified in the Application Procedure, to increase <User>'s Contracted Peak RateRate in accordance with this clause 8 of this Schedule 1, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate, and if <User> does not so elect within 10 Business Days, <Service Provider> may make the election on <User>'s behalf; or (d) <Service Provider> is not prepared to, having regard to the restrictions and pre-conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate.

EXCEEDING CONTRACTED PEAK RATE. (a) If <User>'s Instantaneous Flow Rate exceeds its Contracted Peak Rate for a Delivery Point, then <User> has acquired "Overrun Service" and must pay OC = OSR x Q Overrun OC = the Overrun Charge payable by <User> to <Service Provider> OSR = the "Overrun Service Rate" which is calculated by multiplying the Usage Charge Rate for the Delivery Point for the month by 200; and Q Overrun = the total for the month of each gigajoule or part of a gigajoule of Gas in excess of <User>'s Contracted Peak Rate that was delivered to <User> at the Delivery Point during a period of time in which <User>'s Instantaneous Flow Rate exceeded its Contracted Peak Rate. (b) Despite any provision to the contrary, a requirement under this clause 8 of this Schedule 1 to pay an Overrun Charge in respect of a gigajoule or part of a gigajoule does not relieve <User> of the obligation to pay the Haulage Charge determined under Tariff A1, or any other Charge payable under this Haulage Contract, the Access Arrangement or any applicable Law, in respect of that gigajoule or part gigajoule. (c) If <User>'s Instantaneous Flow Rate exceeds its Contracted Peak Rate for a Delivery Point on: (ai) 3 or more days during any 30 day period; or (bii) 8 or more days during a Year, then <Service Provider> must, as soon as reasonably practicable, notify <User> of this fact and of whether: (ciii) <Service Provider> is prepared to, having regard to the restrictions and pre- pre-conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2Rate, in which casecase <User> must within 10 Business Days elect between: (i) A. an increase in its Contracted Peak Rate, with effect from the last of the days referred to in clause 8(a8(c)(i) or 8(b8(c)(ii) of this Schedule 21, as applicable, so that it is equal to the highest Instantaneous Flow Rate at the Delivery Point during the days referred to in clause 8(a8(c)(i) or 8(b8(c)(ii), as applicable, in which case <Service Provider> will increase the Contracted Peak Rate for that Delivery Point and update the Delivery Point Register; and (ii) B. <Service Provider> installing, and to <User> paying the costs of <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to and if <User> does not so elect within 10 Business Days, <Service Provider> may make the election on <User>'s behalf; or (iv) <Service Provider> is not prepared, having regard to no more than the restrictions and pre-conditions specified in the Application Procedure, to increase <User>'s Contracted Peak RateRate in accordance with this clause 8 of this Schedule 1, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate, and if <User> does not so elect within 10 Business Days, <Service Provider> may make the election on <User>'s behalf; or (d) <Service Provider> is not prepared to, having regard to the restrictions and pre-conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate.

EXCEEDING CONTRACTED PEAK RATE. (a) If <User>'s Instantaneous Flow Rate exceeds its Contracted Peak Rate for a Delivery Point, then <User> has acquired "Overrun Service" and must pay OC = OSR x Q Overrun OC = the Overrun Charge payable by <User> to <Service Provider> for the Delivery Point for the month; OSR = the "Overrun Service Rate" which is calculated by multiplying the Usage Charge Rate for the Delivery Point for the month by 200; and Q Overrun = the total for the month of each gigajoule or part of a gigajoule of Gas in excess of <User>'s Contracted Peak Rate that was delivered to <User> at the Delivery Point during a period of time in which <User>'s Instantaneous Flow Rate exceeded its Contracted Peak Rate. (b) Despite any provision to the contrary, a requirement under this clause 8 of this Schedule 1 to pay an Overrun Charge in respect of a gigajoule or part of a gigajoule does not relieve <User> of the obligation to pay the Haulage Charge determined under Tariff A1, or any other Charge payable under this Haulage ContractService Agreement, the Access Arrangement or any applicable Law, in respect of that gigajoule or part gigajoule. (c) If <User>'s Instantaneous Flow Rate exceeds its Contracted Peak Rate for a Delivery Point on: (ai) 3 or more days during any 30 day period; or (bii) 8 or more days during a Year, then <Service Provider> must, as soon as reasonably practicable, notify <User> of this fact and of whether:notify (ciii) <Service Provider> is prepared to, having regard to the restrictions and pre- pre-conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2Rate, in which casecase <User> must within 10 Business Days elect between: (i) A. an increase in its Contracted Peak Rate, with effect from the last of the days referred to in clause 8(a8(c)(i) or 8(b8(c)(ii) of this Schedule 21, as applicable, so that it is equal to the highest Instantaneous Flow Rate at the Delivery Point during the days referred to in clause 8(a8(c)(i) or 8(b8(c)(ii), as applicable, in which case <Service Provider> will increase the Contracted Peak Rate for that Delivery Point and update the Delivery Point Register; and (ii) B. <Service Provider> installing, and to <User> paying the costs of <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to and if <User> does not so elect within 10 Business Days, <Service Provider> may make the election on <User>'s behalf; or (iv) <Service Provider> is not prepared, having regard to no more than the restrictions and pre-conditions specified in the Application Procedure, to increase <User>'s Contracted Peak RateRate in accordance with this clause 8 of this Schedule 1, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate, and if <User> does not so elect within 10 Business Days, <Service Provider> may make the election on <User>'s behalf; or (d) <Service Provider> is not prepared to, having regard to the restrictions and pre-conditions specified in the Application Procedure, increase <User>'s Contracted Peak Rate in accordance with this clause 8 of this Schedule 2, in which case <Service Provider> may install, and <User> must pay the costs of <Service Provider> acquiring and installing, a flow control device at the Delivery Point which will regulate Gas deliveries to <User> to no more than the Contracted Peak Rate.