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.
Appears in 6 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
