Gas Transportation and Scheduling. Subject to Sections 2.2, 2.3 and 2.4, CES shall Schedule Gas deliveries to each Facility that are consistent with (i) the Schedules for delivery of Contracted Power Products from such Facility, the WECC Fixed Price Contract (if applicable) and the Host Agreements, Steam Sale Agreements and Direct Power Purchase Agreements related to such Facility, (ii) Prudent Engineering and Operating Practices, and (iii) all manufacturer's recommendations and warranties with respect to the Facility in question. The Parties shall coordinate their nomination activities with respect to Gas, giving sufficient time to meet the deadlines of the affected Transporter(s). Subject to Sections 2.2, 2.3 and 2.4 and to any particular requirements under the WECC Fixed Price Contract and any Host Agreements, Steam Sale Agreements and Direct Power Purchase Agreements, CES shall deliver nominations to the affected Transporter(s) a sufficient time in advance of the earliest first of month nomination deadline for monthly nominations and the intra-month nomination deadline for subsequent nominations, if intra-month changes are authorized, for the Transporter(s) delivering Gas for each Facility, and shall give the Company timely prior notice, sufficient to meet the requirements of all Transporter(s) involved in the transaction, of the quantities of Gas to be delivered and purchased each Day. Should any Party become aware that actual deliveries of Gas at one or more Gas Delivery Point(s) are greater or less than the Scheduled Gas deliveries, then such Party shall promptly notify the other affected Parties. The affected Parties shall use commercially reasonable efforts to avoid imposition by any Transporter of imbalance charges. Unless they result from the failure by the Company to accept Gas that is properly Scheduled and delivered and such failure is not excused by Force Majeure or from a failure by a seller under a Direct Gas Supply Agreement to deliver the amount of Gas scheduled by Company thereunder, all in balance charges assessed by any Transporters shall be CES's responsibility. The Party (whether CES or the Company) responsible for payment of imbalance charges hereunder shall be entitled to all rights and claims that the other Party may have against third parties with respect to such in balance charges, including any rights to recover such imbalance charges from third parties, and each Party shall cooperate with the other Party and shall assign to the other Party such rights as it ma...
Gas Transportation and Scheduling. Subject to Section 2.2, CES shall Schedule Gas deliveries to each Facility that are consistent with (i) the Schedules for delivery of Contracted Power Products from such Facility and the RMR Agreements, (ii) Prudent Engineering and Operating Practices, and (iii) all manufacturer's recommendations and warranties with respect to the Facility in question. The Parties shall coordinate their nomination activities with respect to Gas, giving sufficient time to meet the deadlines of the affected Transporter(s). CES shall deliver nominations to the affected Transporter(s) a sufficient time in advance of the earliest first of month nomination deadline for monthly nominations and the intra-month nomination deadline for subsequent nominations, if intra-month changes are authorized, for the Transporter(s) delivering Gas for each Facility, and shall give the Company timely prior notice, sufficient to meet the requirements of all Transporter(s) involved in the transaction, of the quantities of Gas to be delivered and purchased each Day. Should any Party become aware that actual deliveries of Gas at one or more Gas Delivery Point(s) are greater or less than the Scheduled Gas deliveries, then such Party shall promptly notify the other affected Parties. The affected Parties shall use commercially reasonable efforts to avoid imposition by any Transporter of imbalance charges. Unless they result from the failure by the Company to accept Gas that is properly Scheduled and delivered and such failure is not excused by Force Majeure, all imbalance charges assessed by any Transporters shall be CES's responsibility.
