Excess Imbalance Charge. (a) To the extent that, at the end of any Day, the absolute value of the Accumulated Imbalance falls outside of the Tolerance Level and within either Tier 1 or Tier 2 (each as defined below), an Excess Imbalance Charge is payable by User to Service Provider.
(b) The Excess Imbalance Charge will be the sum of any Tier 1 Excess Imbalance Charge and any Tier 2 Excess Imbalance Charge.
(c) For purposes of this Agreement, the Tolerance Level, Tier 1 and Tier 2 are, respectively, as follows:
Excess Imbalance Charge. (a) Except where the Parties have agreed a different Outer Accumulated Imbalance Limit under clause 9.7, the Shipper's Outer Accumulated Imbalance Limit for a Gas Day is 20% of the quantities referred to as the Shipper’s Contracted Capacity across all of the Shipper's Capacity Services (including T1 Service, P1 Service and B1 Service and Capacity under Spot Transactions) for that Gas Day.
(b) If the absolute value of the Shipper's Accumulated Imbalance at the end of a Gas Day exceeds the Outer Accumulated Imbalance Limit for the Gas Day just finished then, subject to clause 9.6(c), the Shipper must pay an Excess Imbalance Charge at the Excess Imbalance Rate for each GJ of Gas in excess of the Shipper's Outer Accumulated Imbalance Limit in accordance with clause 20.
(c) No Excess Imbalance Charge under clause 9.5(e) or 9.6(b) is payable in respect of that part (if any) of the imbalance that is attributable to:
(i) the Shipper's Capacity Service being Curtailed under clause 17;
(ii) the Operator, for any reason not caused by the Shipper or any person supplying Gas to the Shipper, not Receiving from the Shipper at any Inlet Point a quantity of Gas equal to the Shipper's Daily Nomination for that Inlet Point;
(iii) the Operator failing to provide the Shipper with a materially accurate Accumulated Imbalance Notice within the period set out in clause 9.4; or
(iv) the Shipper being unable, for reasons beyond the Shipper's control, to remedy an imbalance arising on a prior Gas Day but then only to the extent that such imbalance was caused by an event referred to in one of clauses 9.6(c)(i), 9.6(c)(ii) or 9.6(c)(iii), but in each case the Shipper's Daily Imbalance and Accumulated Imbalance must still be calculated for the Gas Day.
Excess Imbalance Charge. (a) To the extent that, at the end of any Day, the absolute value of the Accumulated Imbalance falls outside of the Tolerance Level and within either Tier 1 or Tier 2 (each as defined below), an Excess Imbalance Charge is payable by User to Service Provider.
(b) The Excess Imbalance Charge will be the sum of any Tier 1 Excess Imbalance Charge and any Tier 2 Excess Imbalance Charge.
(c) For purposes of this Agreement, the Tolerance Level, Tier 1 and Tier 2 are, respectively, as follows: Positive Negative
(1) the GJ equivalent to 5% of the Firm Service MDQ; and (2) the positive Expanded Imbalance MDQ; and (3) the positive Non-Firm Expanded Imbalance MDQ. The aggregate of: (1) the GJ equivalent to 5% of the Firm Service MDQ; and (2) the negative Expanded Imbalance MDQ; and (3) the negative Non-Firm Expanded Imbalance MDQ.
Tier 1 The amount more than the positive Tolerance Level but not exceeding 10% of the Firm Service MDQ, plus the positive Expanded Imbalance MDQ and positive Non-Firm Expanded Imbalance MDQ. The amount more than the negative Tolerance Level but not exceeding 10% of the Firm Service MDQ, plus the negative Expanded Imbalance MDQ and negative Non-Firm Expanded Imbalance MDQ. Tier 2 The amount more than the positive Tier 1 limit. The amount more than the negative Tier 1 limit.
Excess Imbalance Charge. (a) To the extent that, at the end of any Day, the absolute value of the Accumulated Imbalance falls outside of the Tolerance Level and within either Tier 1 or Tier 2 (each as defined below), an Excess Imbalance Charge is payable by User to Service Provider.
(b) The Excess Imbalance Charge will be the sum of any Tier 1 Excess Imbalance Charge and any Tier 2 Excess Imbalance Charge.
(c) For purposes of this Agreement, the Tolerance Level, Tier 1 and Tier 2 are, respectively, as follows: Positive Negative
(1) the GJ equivalent to 5% of the Firm Service MDQ; and The aggregate of:
(1) the GJ equivalent to 5% of the Firm Service MDQ; and (2) the positive Expanded Imbalance MDQ; and (2) the negative Expanded Imbalance MDQ; and (3) the positive Non-Firm Expanded Imbalance MDQ.
Excess Imbalance Charge. (a) If the absolute value of the Shipper's Accumulated Imbalance at the end of a Gas Day exceeds the Accumulated Imbalance Limit for the Gas Day just finished then the Shipper must pay an Excess Imbalance Charge at the Excess Imbalance Rate for each GJ of Gas in excess of the Shipper's Outer Accumulated Imbalance Limit in accordance with clause 17.
Excess Imbalance Charge
