Gas Pledge. 14.3.1 To the extent that the Storage User is the owner of the Natural Gas, the Storage User gives to the Storage Operator, in accordance with the provisions mentioned in attachment H1 of the Access Code for Storage, a quantity of Natural in Gas Pledge (the Pledged natural Gas) with a value equal to the average invoice amount of two (2) months (VAT included) calculated for the next Storage Year and with a remaining duration of not less thant thirty (30) Days. If the Service has a duration of less than thirty (30) days, the Storage User shall pay to the Storage Operator at the latest on the date of the Subscription of the Service, the expected invoice amount (VAT included). Any modification of the Storage User’s Subscribed Service(s), lower or higher, during the Storage Year covered by the Gas Pledge, shall automatically entail the adjustment of the quantity of the quantity of Pledged Natural Gas. The Storage Operator shall be entitled at any time during the Storage Year covered by the Gas Pledge to request Storage User to demonstrate within fifteen (15) Business Days after the notification by Storage Operator that the Pledged Natural Gas is in fact compliant with this Article 14 of this attachment. On a yearly basis and at the latest on the first day of the Storage Year and to the extent the Storage User has subscribed a Services Confirmation, the Storage User shall provide proof to the Storage Operator that the Pledged Natural Gas still complies with the requirements set in Article 14 of this attachment. The Gas Pledge shall at all times have a validity of at least two (2) Months after the expiry of the Service End Date, as specified in the relevant Services Confirmation. 14.3.2 In the case of failure to pay the invoices by the Due Date and after an expiry term of ten
Appears in 3 contracts
Samples: Storage Agreement, Storage Agreement, Storage Agreement
Gas Pledge. 14.3.1 To the extent that the Storage User is the owner of the Natural Gas, the Storage User gives to the Storage Operator, in accordance with the provisions mentioned in attachment H1 of the Access Code for Storage, a quantity of Natural in Gas Pledge (the Pledged natural Gas) with a value equal to the average invoice amount of two (2) months (VAT included) calculated for the next Storage Year and with a remaining duration of not less thant thirty (30) Days. If the Service has a duration of less than thirty (30) days, the Storage User shall pay to the Storage Operator at the latest on the date of the Subscription of the Service, the expected invoice amount (VAT included). Any modification of the Storage User’s Subscribed Service(s), lower or higher, during the Storage Year covered by the Gas Pledge, shall automatically entail the adjustment of the quantity of the quantity of Pledged Natural Gas. The Storage Operator shall be entitled at any time during the Storage Year covered by the Gas Pledge to request Storage User to demonstrate within fifteen (15) Business Days after the notification by Storage Operator that the Pledged Natural Gas is in fact compliant with this Article 14 of this attachment. On a yearly basis and at the latest on the first day of the Storage Year and to the extent the Storage User has subscribed a Services Confirmation, the Storage User shall provide proof to the Storage Operator that the Pledged Natural Gas still complies with the requirements set in Article 14 of this attachment. The Gas Pledge shall at all times have a validity of at least two (2) Months after the expiry of the Service End Date, as specified in the relevant Services Confirmation.
14.3.2 In the case of failure to pay the invoices by the Due Date and after an expiry term of tenten (10) Business Days after receipt by the Storage User of a notice of default sent by the Storage Operator by registered letter, the Storage Operator shall have the right to enforce the Gas Pledge in accordance with the procedure of the Act of 5 May 1872 on commercial pledges. The Storage User expressly waives the benefit granted to it in Article 1253 and Article 1256 of the Civil Code. If the proceeds of the enforcement would exceed the amount of unpaid invoices, the Storage Operator must reimburse to the Storage User the amount exceeding the amount of the unpaid invoices. If Storage Operator has enforced the Gas Pledge, Storage User shall within twenty (20) Business Days as from the date of such enforcement, demonstrate that the Gas Pledge, has been adjusted again to the level of the Gas Pledge as specified in Article 14 of this attachment.
14.3.3 In the absence of a Gas Pledge in accordance with Article 14 of this attachment, the Storage Operator has the right to suspend the Services Confirmation until it receives confirmation that the gas Pledge has been provided. Such suspension shall not constitute a failure by the Storage Operator to provide Storage Services to Storage User under this Standard Storage Agreement.
Appears in 2 contracts
Samples: Storage Agreement, Storage Agreement
Gas Pledge. 14.3.1 If the Storage User cannot submit an unconditional and irrevocable Financial Bank Guarantee, a Gas Pledge can alternatively be accepted as Collateral. To the extent that the Storage User is the owner of the Natural Gas, the Storage User gives to the Storage Operator, in accordance with the provisions mentioned in attachment H1 of the Access Code for Storage, a quantity of Natural Gas in Gas Pledge (the Pledged natural Natural Gas) with a value equal to the average invoice amount of two (2) months (VAT included) calculated for the next Storage Year and with a remaining duration of not less thant than thirty (30) Days. The volume of Pledged Natural Gas for Month M is defined by dividing this average invoice amount by the ZTP European Gas Spot Index of the last Business Day of Month M-1. If the Service has a duration of less than thirty (30) days, the Storage User shall pay to the Storage Operator at the latest on the date of the Subscription of the Service, the expected invoice amount (VAT included). Any modification of the Storage User’s Subscribed Service(s), lower or higher, during the Storage Year covered by the Gas Pledge, shall automatically entail the adjustment of the quantity of the quantity of Pledged Natural Gas. The Storage Operator shall be entitled at any time during the Storage Year covered by the Gas Pledge to request Storage User to demonstrate within fifteen (15) Business Days after the notification by Storage Operator that the Pledged Natural Gas is in fact compliant with this Article 14 of this attachment. On a yearly basis and at the latest on the first day of the Storage Year and to the extent the Storage User has subscribed a Services Confirmation, the Storage User shall provide proof to the Storage Operator that the Pledged Natural Gas still complies with the requirements set in Article 14 of this attachment. The Gas Pledge shall at all times have a validity of at least two (2) Months after the expiry of the Service End Date, as specified in the relevant Services Confirmation. As specified in Article 14.2.1, a cash deposit can be used by Storage User to meet this requirement. If a Gas Pledge is used, the expected set-up is as follows: start with a cash deposit, switch to a Gas Pledge and then revert to a cash deposit once the stored gas is no longer sufficient to cover the creditworthiness obligation.
14.3.2 In the case of failure to pay the invoices by the Due Date and after an expiry term of ten
Appears in 1 contract
Samples: Storage Agreement
Gas Pledge. 14.3.1 To the extent that the Storage User is the owner of the Natural Gas, the Storage User gives to the Storage Operator, in accordance with the provisions mentioned in attachment H1 of the Access Code for Storage, a quantity of Natural in Gas Pledge (the Pledged natural Gas) with a value equal to the average invoice amount of two (2) months (VAT included) calculated for the next Storage Year and with a remaining duration of not less thant thirty (30) Days. If the Service has a duration of less than thirty (30) days, the Storage User shall pay to the Storage Operator at the latest on the date of the Subscription of the Service, the expected invoice amount (VAT included). Any modification of the Storage User’s Subscribed Service(s), lower or higher, during the Storage Year covered by the Gas Pledge, shall automatically entail the adjustment of the quantity of the quantity of Pledged Natural Gas. The Storage Operator shall be entitled at any time during the Storage Year covered by the Gas Pledge to request Storage User to demonstrate within fifteen (15) Business Days after the notification by Storage Operator that the Pledged Natural Gas is in fact compliant with this Article 14 of this attachment. On a yearly basis and at the latest on the first day of the Storage Year and to the extent the Storage User has subscribed a Services Confirmation, the Storage User shall provide proof to the Storage Operator that the Pledged Natural Gas still complies with the requirements set in Article 14 of this attachment. The Gas Pledge shall at all times have a validity of at least two (2) Months after the expiry of the Service End Date, as specified in the relevant Services Confirmation.
14.3.2 In the case of failure to pay the invoices by the Due Date and after an expiry term of ten
Appears in 1 contract
Samples: Storage Agreement
Gas Pledge. 14.3.1 If the Storage User cannot submit an unconditional and irrevocable Financial Bank Guarantee, a Gas Pledge can alternatively be accepted as Collateral. To the extent that the Storage User is the owner of the Natural Gas, the Storage User gives to the Storage Operator, in accordance with the provisions mentioned in attachment H1 of the Access Code for Storage, a quantity of Natural Gas in Gas Pledge (the Pledged natural Nnatural Gas) with a value equal to the average invoice amount of two (2) months (VAT included) calculated for the next Storage Year and with a remaining duration of not less thant thirty (30) Days. The volume of Pledged Natural Gas for Month M is defined by dividing this average invoice amount by the ZTP European Gas Spot Index of the last Business Day of Month M-1. If the Service has a duration of less than thirty (30) days, the Storage User shall pay to the Storage Operator at the latest on the date of the Subscription of the Service, the expected invoice amount (VAT included). Any modification of the Storage User’s Subscribed Service(s), lower or higher, during the Storage Year covered by the Gas Pledge, shall automatically entail the adjustment of the quantity of the quantity of Pledged Natural Gas. The Storage Operator shall be entitled at any time during the Storage Year covered by the Gas Pledge to request Storage User to demonstrate within fifteen (15) Business Days after the notification by Storage Operator that the Pledged Natural Gas is in fact compliant with this Article 14 of this attachment. On a yearly basis and at the latest on the first day of the Storage Year and to the extent the Storage User has subscribed a Services Confirmation, the Storage User shall provide proof to the Storage Operator that the Pledged Natural Gas still complies with the requirements set in Article 14 of this attachment. The Gas Pledge shall at all times have a validity of at least two (2) Months after the expiry of the Service End Date, as specified in the relevant Services Confirmation. As specified in Article 14.2.1, a cash deposit can be used by Storage User to meet this requirement.
14.3.2 In the case of failure to pay the invoices by the Due Date and after an expiry term of ten
Appears in 1 contract
Samples: Storage Agreement