Gas Balancing. Subject to Gatherer’s operating conditions, quantities of Gas delivered by Gatherer to Shipper or for Shipper’s account at the Delivery Point(s) shall conform as closely as possible to the quantities nominated by Shipper for delivery by Gatherer that Day at the Delivery Point(s), less any deductions for FL&U and Shrinkage, except that Gatherer may conform such quantities to the quantities actually received from Shipper at the Receipt Point(s). Notwithstanding the foregoing sentence, Gatherer may temporarily interrupt or curtail receipts and/or deliveries of Shipper’s Gas or adjust Shipper’s nominations at any time in order to resolve any current or anticipated imbalances between such receipts and deliveries on the Gathering System (“Balancing”).
(a) Shipper and Gatherer agree that:
(i) It is the intent of Shipper and Gatherer that Gas be received and redelivered hereunder at the same uniform hourly rates of flow, as nearly as practicable and subject to changes mandated by the Downstream Pipeline(s), and Shipper shall not in any manner utilize the Gathering System for storage or peaking purposes.
(ii) Gas delivered to Gatherer hereunder during any Day shall be delivered at as nearly a uniform hourly rate of flow as operating conditions and relevant Downstream Pipeline(s) will permit.
(iii) In the event interruption or curtailment of service is required, Gatherer’s dispatcher will advise Shipper (by telephone and confirmed by fax or email) of an interruption or curtailment as soon as practicable.
(iv) Subject to Gatherer’s adherence to the priority of service and related obligations imposed by this Agreement, nothing contained herein shall preclude Gatherer from taking reasonable actions necessary to adjust physical receipts or deliveries of Shipper’s Gas or adjust Shipper’s nominations in order to maintain the operational integrity of the Gathering System.
(b) Gatherer shall maintain a cumulative daily imbalance account for Shipper and each other shipper that reflect the total volumes received, delivered, and retained; previous and new imbalance positions; and any other information deemed necessary and appropriate by Gatherer, all on a total Gathering System basis. Gatherer may provide Shipper with notices of imbalances by email, facsimile transmission, telephone (including voice messages) or other delivery service or any other means reasonable under the circumstances.
(c) Gatherer may direct Shipper to take specific actions to cure imbalances, if deemed ne...
Gas Balancing. Except as set forth in Schedule 3.14, the Seller has no obligation to deliver gas (or cash in lieu thereof) from its interest in the Properties to other owners of interest as a result of past production by the Seller or its predecessors in excess of the share to which they are entitled, nor any right to receive deliveries of gas (or cash in lieu thereof) with respect to its interest in the Properties from other owners of interest as a result of past production by the Seller or its predecessors of less than the share to which they were entitled.
Gas Balancing. At all times during the Term, the Pipeline User must ensure that the aggregate Quantity of Gas delivered through each User Receipt Point by or for the account of the Pipeline User is equal to the aggregate Quantity of Gas delivered to or for the account of the Pipeline User through each User Delivery Point.
Gas Balancing. As of the Effective Time, (a) Seller is not obligated to deliver any quantities of gas or to pay any penalties or other amounts, in connection with the violation of any of the terms of any gas contract or other agreement with shippers with respect to the Properties; (b) Seller is not obligated to pay any penalties or other payments under any gas transportation or other agreement as a result of the delivery of quantities of gas from the Properties in excess of the contract requirements; and (c) there are no Gas Imbalances with respect to Seller’s obligations relating to the Properties.
Gas Balancing. In the event that some, but not all, of the Parties are marketing their share of gas production from the Lease, the terms and conditions under which a non- taking Party may recoup its share of production shall be governed by the terms and conditions of a Gas Balancing Agreement attached hereto as Exhibit "E".
Gas Balancing. (a) For the avoidance of doubt, the User is responsible for ensuring that the aggregate Quantity of Gas delivered by or for the account of the User, through the Receipt Point(s) for the Network, is equal to:
(i) the aggregate quantity of gas delivered to or for the account of the User to Delivery Points within the Network; plus
(ii) any change in linepack in the Network allocated to the User by Evoenergy or other share of aggregate needs for the Network to ensure safe and reliable supply.
(b) On any Day where the total Quantity metered at the Xxxxxx Receipt Point ( net of Replacement Gas purchased by Evoenergy at that Receipt Point) (Total Xxxxxx Quantity) exceeds the aggregate of all Network Users’ Confirmed Nominations at the Xxxxxx Receipt Point for that Day (Total Xxxxxx Nominations), Evoenergy will purchase a Quantity of operational balancing gas equal to the difference between the Total Xxxxxx Quantity and the Total Xxxxxx Nominations. The cost of purchasing the operational balancing gas is the Operational Balancing Cost.
(c) Each Network User with a negative User’s Daily Imbalance will be allocated a portion of the Operational Balancing Cost in proportion to their contribution to the operational balancing gas.
(d) When determining an allocation of the total change in linepack for the Network between the User and other Network Users, Evoenergy will seek to apply a methodology which reflects the linepack requirements of the services which were provided to the User. If Evoenergy considers that a more direct method of allocation is not available, Evoenergy may pro rata total change in linepack based on each Network Users’ typical aggregate capacity entitlement for all network services.
(e) Evoenergy shall be entitled to publish (and disclose to the public) the User’s Daily Imbalance by Receipt Point at Evoenergy’s sole discretion, acting reasonably.
(f) On an annual basis Evoenergy will arrange for a third party to undertake a review of amounts charged to Network Users as their proportion of Operational Balancing Costs, and will provide the results of that review to Network Users who paid an amount in respect of Operational Balancing Costs.
(g) Evoenergy will prepare and maintain on its website a worked example of the manner in which Operational Balancing Costs are determined and allocated among individual Network Users. Xxxxxx 2,400 kPa 6,895 kPa The Network except Bungendore Hoskinstown 8,000 kPa 14,895 kPa The Network The minimum and maximum receipt ...
Gas Balancing. The quantity of Gas that Buyer actually purchases each Year may not equal the quantity that Buyer is obligated to purchase ("Annual Purchase Obligation") under Section 3.1 because of forecasting limitations, changes in weather, and other operating factors. Buyer will not know the total Gas purchased from other suppliers until shortly after year-end. Any difference between the amount purchased from Seller and the Annual Purchase Obligation for any Year ("Balancing Gas") shall be balanced in January and February of the next Year using the following procedures:
3.4.1 If in any Year Buyer purchases less than the Annual Purchase Obligation for the reasons listed in Section 3.4 (deducting from actual purchases any Balancing Gas taken during that Year to satisfy the Annual Purchase Obligation of prior Years), in addition to the Annual Purchase Obligation for the following Year the Balancing Gas shall be purchased in January and February of the following Year. All Gas purchased in January and February shall be deemed to be Balancing Gas until Buyer has purchased all the Balancing Gas it is obligated to purchase.
3.4.2 If all of the Balancing Gas is not taken during January and February, Buyer shall pay in March (when the xxxx for February deliveries is paid) for the Balancing Gas not taken. Buyer may take the Balancing Gas, paid for but not taken at any xxxx Xxxxxx has the Gas available during the three Years following the Year in which payment was made, or before any earlier termination of this Agreement, but the Balancing Gas shall not reduce the Annual Purchase Obligation for each Year.
3.4.3 If in any Year Buyer purchases more than the Annual Purchase Obligation for the reasons listed in Section 3.4 (deducting from actual purchases any Balancing Gas taken during that Year to satisfy prior Years), the Balancing Gas shall be deducted from the Annual Purchase Obligation for the following Year if, in Buyer's opinion, the deduction in the following Year is necessary to comply with the terms of gas purchase agreements with third parties.
3.4.4 The price for Balancing Gas shall be the Price in effect for the Year in which the Balancing Gas should have been purchased as part of the Annual Purchase Obligation.
3.4.5 Balancing Gas does not include Gas which Buyer is not. obligated to purchase from Seller but which Buyer chooses to purchase from Seller.
Gas Balancing. (a) For each Gas Day, <Counterparty> must procure the delivery of an amount of Gas into each Sub-network that is equal to <Counterparty>'s good faith estimate, acting as a reasonable and prudent person, of the quantity of Gas likely to be delivered to
(b) <Counterparty> hereby indemnifies <Service Provider> against any loss, damage, cost or expense suffered or incurred by <Service Provider> in relation to or connection with any claim brought by any person against <Service Provider>, in relation to or connection with any imbalance between the actual quantity of Gas delivered into each Sub-network and the actual quantity of Gas delivered out of the Sub-network on that Gas Day by, to or for <Counterparty> or a Related Shipper of <Counterparty>, except to the extent that such imbalance results from:
(i) breach by <Service Provider> of this Service Agreement or any Law;
(ii) the negligence of <Service Provider>; or
(iii) the failure of <Service Provider> to act as a reasonable and prudent network operator to mitigate the occurrence of such an imbalance.
(c) <Service Provider> may do all reasonable things to maintain a balance between the sum of quantities of Gas delivered by Users at a Receipt Point and the sum of quantities of Gas taken by Users at Delivery Points in the Sub-network with which that Receipt Point is associated.
(d) <Counterparty> acknowledges and agrees that:
(i) <Service Provider> does not control whether and how the operator of an Interconnected Pipeline delivers Gas into the ATCO GDS at a Receipt Point; and
(ii) <Service Provider> will not be liable to <Counterparty>, under this Service Agreement or otherwise, in respect of any loss, damage, cost, expense or other consequence suffered by <Counterparty> in relation to or connection with: A. a failure by the operator of an Interconnected Pipeline or a Related Shipper of <Counterparty> to deliver Gas into the ATCO GDS at a Receipt Point; or
Gas Balancing. 6.1 Shipper shalluse all commercially reasonable efforts to maintainbalance on a Daily basis, based onthe best available information, between each of: Transportation Tariff Pacific Northern Gas Ltd.
(a) the volume of Gas scheduled for receipt to Shipper’s account under Service and the actual volume of Gas received to Shipper’s account under Service (“Volume Receipt Variance”);
(b) the energy scheduled for receipt to Shipper’s account under Service andthe actual energy received to Shipper’s account under Service (“Energy Receipt Variance”);
(c) the actual volume received to Shipper’s account and the actual volume of Gas delivered by Transporter under Service from Shipper’s account (“Volume Imbalance”); and
(d) the actual energy received to Shipper’s account and the actual energy delivered by Transporter under Service from Shipper’s account (“Energy Imbalance”).
6.2 Any Energy Imbalance at the end of any Monthshall be correctedon a physicalbasis withinthe first twenty- five (25) Days of the next Month in a manner determined by Transporter, acting reasonably, and in consultationwith Shipper.
6.3 If Shipper fails to correct any Imbalance in accordance with Sections 6.1 or 6.2, Transporter may adjust Shipper’s Nomination and Shipper’s Daily Authorized Volume, or either of them, to the extent that Transporter, in its reasonable discretion, considers necessary to ensure compliance by Shipper with its obligations under this Article 6 andto prevent the occurrence of Imbalances by Shipper.
6.4 If on any day that a Curtailment Notice is in effect, Shipper takes gas in excess of the volume specified by Transporter in the Curtailment Notice, then Shipper shall, in addition to all other amounts payable by Shipper to Transporter pursuant to a Service Agreement, pay Transporter the following:
(a) for that portion of the excess between 102.5% andup to and including 105% of such specified volume, an amount per GJ equal to five (5) times the Demand Charge;
(b) for that portion of the excess between 105% and up to and including 110% of such specified volume, an amount per GJ equal to ten (10) times the Demand Charge; and
(c) for that portion of the excess which exceeds 110% of such specified volume, an amount per GJ equal to fifteen (15) times the Demand Charge. For the purposes of calculating the charges payable under this Section 6.4, volumes will be converted to GJ using the Gross Heating Value specified in Section 4.4.
6.5 The foregoing balancing provisions are intended t...
Gas Balancing. The gas balancing status of the Company’s interest in the Mineral Properties is set forth in Schedule 2.28, as of the dates there indicated. Except as set forth in Schedule 2.28, based on information available as of the date there indicated, there are no material pipeline imbalances affecting the Company.
