Filling Level Monitoring, Customer Declaration regarding the announced Use of the Storage Sample Clauses

Filling Level Monitoring, Customer Declaration regarding the announced Use of the Storage. Facility (1) EPG shall (i) monitor the Customer’s usage behaviour, (ii) shall permanently review that usage behaviour (by means of a simulation) as to whether the relevant Filling Level Requirements related to particular reference dates (in accordance with the Annex “Capacities and Storage Fee”) are met or may be met, respectively, with due regard to the firm injection rate (IR) that was contractually agreed and is available to the Customer, and (iii) depending on the result of the simulation, shall proceed – if applicable – in accordance with the regulation of § 3 below (Withdrawal of capacities). In the scope of the simulation, EPG will assume a 100% usage of the firm IR that the Customer is contractually entitled to and that may be diminished by performance reductions (if any). (2) Regardless of Section 1 above, the Customer shall be obliged in relation to EPG to submit a declaration, in each case on the dates set out in the Annex “Capacities and Storage Fee” at the latest, as to which specific filling levels the Customer is able to ensure as of the reference dates set out in the Annex “Capacities and Storage Fee” with reference to the WGV contracted in each case (“Filling Level Commitment”). In cases in which the Customer has not submitted a corresponding declaration to EPG (in writing or in text form (without personal signature)) in accordance with Section (2) above by the expiry of the dates set out in the Annex “Capacities and Storage Fee” at the latest, EPG shall assume that the Filling Level Requirements in accordance with the Annex “Capacities and Storage Fee” will be met and thus, the Filling Level Commitment corresponds to the Filling Level Requirement. After the receipt of the declaration, EPG shall compare the data without delay with the relevant Filling Level Requirements in accordance with the Annex “Capacities and Storage Fee” and depending on the result of the comparison, proceed – if applicable – in accordance with the provision of § 3 below (Withdrawal of capacities).
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Related to Filling Level Monitoring, Customer Declaration regarding the announced Use of the Storage

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