Gas Transportation and Distribution Costs Sample Clauses

Gas Transportation and Distribution Costs. During the Services Term and subject to Sections 3.3(e) and 3.3(f) and this Section 3.3(d), Buyer shall be responsible for arranging for the transportation and distribution of all Gas, and all charges, surcharges and fees related to transportation and distribution of Buyer’s Gas, to the Gas Delivery Point, including inter-state, intra-state and LDC charges, surcharges and fees. During the Services Term and subject to Sections 3.3(e) and 3.3(f), Buyer shall directly pay all charges, surcharges and fees associated with inter-state and/or intra-state transport of Buyer’s Gas to the inter-state or intra-state Gas transportation provider. During the Services Term, Seller shall directly pay all invoices from the LDC, subject to reimbursement by Buyer for the portion of such LDC xxxx that relates to the transportation or distribution of Buyer’s Gas. Seller shall invoice Buyer monthly for those LDC costs allocable to Buyer in accordance with the prior sentence (“Gas Distribution Reimbursements”) and include a copy of the LDC xxxx with such invoice. Notwithstanding the foregoing, Buyer shall not be responsible for any charges, surcharges or fees assessed pursuant to, or associated with, (i) an Exceptional Case Agreement; or (ii) any other agreement if such charges, surcharges or fees are related to interconnection or construction costs; or (iii) failure to meet a minimum volume requirement; or (iv) transportation, balancing or other costs not associated with the transportation and distribution of Buyer’s Gas. Invoicing and payment for all amounts due from one Party to the other Party as necessary to implement this provision shall be done pursuant to Article VI.
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(d) For purposes of determining whether an Event of Default pursuant to Section 5.01(b) of the Indenture has occurred on the Final Scheduled Payment Date or the Redemption Date for a Class of Notes, (i) the Class A-1 Notes are required to be paid in full on or before the Class A‑1 Final Scheduled Payment Date, meaning that Holders of Class A‑1 Notes are entitled to have received on or before such date payments in respect of principal in an aggregate amount equal to the Class A‑1 Initial Principal Balance together with all interest accrued thereon through such date; (ii) the Class A‑2a Notes are required to be paid in full on or before the Class A‑2a Final Scheduled Payment Date, meaning that Holders of Class A‑2a Notes are entitled to have received on or before such date payments in respect of principal in an aggregate amount equal to the Class A‑2a Initial Principal Balance together with all interest accrued thereon through such date, (iii) the Class A‑2b Notes are required to be paid in full on or before the Class A‑2b Final Scheduled Payment Date, meaning that Holders of Class A‑2b Notes are entitled to have received on or before such date payments in respect of principal in an aggregate amount equal to the Class A‑2b Initial Principal Balance together with all interest accrued thereon through such date, (iv) the Class A‑3 Notes are required to be paid in full on or before the Class A‑3 Final Scheduled Payment Date, meaning that Holders of Class A‑3 Notes are entitled to have received on or before such date payments in respect of principal in an aggregate amount equal to the Class A‑3 Initial Principal Balance together with all interest accrued thereon through such date; (v) the Class A‑4 Notes are required to be paid in full on or before the Class A‑4 Final Scheduled Payment Date, meaning that Holders of Class A‑4 Notes are entitled to have received on or before such date payments in respect of principal in an aggregate amount equal to the Class A‑4 Initial Principal Balance together with all interest accrued thereon through such date; and (vi) the Class B Notes are required to be paid in full on or before the Class B Final Scheduled Payment Date, meaning that Holders of Class B Notes are entitled to have received on or before such date payments in respect of principal in an aggregate amount equal to the Class B Initial Principal Balance together with all interest accrued thereon through such date. (e) Except with respect to the final payment upon retirement of a Note or Certificate, the Servicer shall on each Payment Date instruct the Indenture Trustee to pay or distribute to each Securityholder of record on the related Record Date by check mailed to such Securityholder at the address of such Holder appearing in the Note Register, or herein (in the case of the Certificate) (or, if DTC, its nominee or a Clearing Agency is the relevant Holder, by wire transfer of immediately available funds or pursuant to other arrangements), the amount to be paid or distributed to such Securityholder pursuant to such Holder’s Note or Certificate. With respect to the final payment upon retirement of a Note or of the Certificate, the Servicer shall on the relevant final Payment Date instruct the Indenture Trustee to pay or distribute the amounts due thereon only upon delivery for cancellation of the certificate representing such Note or Certificate in accordance with the Indenture or the Trust Agreement, as the case may be. (f) The rights of the Certificateholder to receive distributions in respect of the Certificate shall be and hereby are subordinated to the rights of the Noteholders to receive distributions in respect of the Notes, to the extent provided in this Agreement and the other Basic Documents.

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