General Principle. Natural Gas delivered at the Connection Point must comply with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission. Natural Gas redelivered by the TSO at the Connection Point must comply with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission. In accordance with Article 17.3, the Parties shall exchange all necessary information for the efficient management of the Specific Requirements. In accordance with attachment C.1 of the Access Code for Transmission, information relating to gas quality is exchanged by email between the Parties and made available as the case may be through the Electronic Data Platform, which will also be used to inform Network User of any information regarding a possible gas quality deviation. If the Natural Gas (re)delivered at a Connection Point is not compliant with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission, the TSO or the Network User, as the case may be, has the right to refuse (wholly or partly) such Natural Gas via a reduction or interruption on the Connection Point in accordance with the rules as set out in attachment C.1 of the Access Code for Transmission. However, the Parties shall use reasonable endeavours to accept such Natural Gas. If the Parties refuse to take (re)delivery of such Natural Gas, the Parties shall cooperate for the disposal of the said Natural Gas. A Party refusing the (re)delivery of the Natural Gas at a Connection Point because it is not compliant with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission, cannot be held liable towards the other Party for damages arising out of the reduction or interruption resulting from its refusal of the non- compliant Natural Gas, it being understood that the balancing obligations of the Network User towards the Balancing Operator, described in the Balancing Agreement and in the Balancing Code, remain applicable. The Monthly Capacity Fee shall be reduced pro rata the interrupted/reduced capacity and for the term of such interruption/reduction in case of refusal by the Network User of non-compliant Natural Gas.
Appears in 9 contracts
Samples: Standard Transmission Agreement, Standard Transmission Agreement, Standard Transmission Agreement
General Principle. Natural Gas delivered at the Connection Point must comply with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission. Natural Gas redelivered by the TSO at the Connection Point must comply with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission. In accordance with Article 17.3, the Parties shall exchange all necessary information for the efficient management of the Specific Requirements. In accordance with attachment C.1 of the Access Code for Transmission, information relating to gas quality is exchanged by fax or by email between the Parties and made available as the case may be through the Electronic Data Platform, which will also be used to inform Network User of any information regarding a possible gas quality deviation. If the Natural Gas (re)delivered at a Connection Point is not compliant with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission, the TSO or the Network User, as the case may be, has the right to refuse (wholly or partly) such Natural Gas via a reduction or interruption on the Connection Point in accordance with the rules as set out in attachment C.1 of the Access Code for Transmission. However, the Parties shall use reasonable endeavours to accept such Natural Gas. If the Parties refuse to take (re)delivery of such Natural Gas, the Parties shall cooperate for the disposal of the said Natural Gas. A Party refusing the (re)delivery of the Natural Gas at a Connection Point because it is not compliant with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission, cannot be held liable towards the other Party for damages arising out of the reduction or interruption resulting from its refusal of the non- compliant Natural Gas, it being understood that the balancing obligations of the Network User towards the Balancing Operator, described in the Balancing Agreement and in the Balancing Code, remain applicable. The Monthly Capacity Fee shall be reduced pro rata the interrupted/reduced capacity and for the term of such interruption/reduction in case of refusal by the Network User of non-compliant Natural Gas.
Appears in 3 contracts
Samples: Standard Transmission Agreement, Standard Transmission Agreement, Standard Transmission Agreement
General Principle. Natural Gas delivered at the Connection Point must comply with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission. Natural Gas redelivered by the TSO at the Connection Point must comply with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission. In accordance with Article 17.3, the Parties shall exchange all necessary information for the efficient management of the Specific Requirements. In accordance with attachment C.1 of the Access Code for Transmission, information relating to gas quality is exchanged by email between the Parties and made available as the case may be through the Electronic Data Platform, which will also be used to inform Network User of any information regarding a possible gas quality deviation. If the Natural Gas (re)delivered at a Connection Point is not compliant with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission, the TSO or the Network User, as the case may be, has the right to refuse (wholly or partly) such Natural Gas via a reduction or interruption on the Connection Point in accordance with the rules as set out in attachment C.1 of the Access Code for Transmission. However, the Parties shall use reasonable endeavours to accept such Natural Gas. If the Parties refuse to take (re)delivery of such Natural Gas, the Parties shall cooperate for the disposal of the said Natural Gas. A Party refusing the (re)delivery of the Natural Gas at a Connection Point because it is not compliant with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission, cannot be held liable towards the other Party for damages arising out of the reduction or interruption resulting from its refusal of the non- non-compliant Natural Gas, it being understood that the balancing obligations of the Network User towards the Balancing Operator, described in the Balancing Agreement and in the Balancing Code, remain applicable. The Monthly Capacity Fee shall be reduced pro rata the interrupted/reduced capacity and for the term of such interruption/reduction in case of refusal by the Network User of non-compliant Natural Gas. To the extent that the TSO is aware or should have been aware of the non-compliance of the Natural Gas delivered at a Connection Point either because of the notification of such non-compliance by the Network User, the Adjacent TSO or the Local Producer, as the case may be, or because the deviation could be measured in accordance with the standards of a Reasonable and Prudent Operator, and the TSO accepts such Natural Gas at such Connection Point, the Network User cannot be held liable for any damages incurred by the TSO, arising out of the non-compliance with the Specific Requirements. In case the non-compliance occurred at an Installation Point related to an Installation operated by the TSO or one of its Affiliated Companies, the Network User cannot be held liable for any damages incurred by the TSO or one of its Affiliated Companies, arising out of the non-compliance with the Specific Requirements. In case the TSO could not be aware of the delivery of non-compliant Natural Gas at a Connection Point, or if the TSO is obliged to accept such Natural Gas to maintain system integrity, the Network User is liable for any damages incurred by the TSO arising out of the non-compliance of the Natural Gas with the Specific Requirements in accordance with and within the limitation of Article 10 of this attachment, but only in case the TSO has not been indemnified by the concerned Adjacent TSO or a Local Producer, as the case may be . The TSO is liable towards the Network User for damages arising out of the redelivery of non-compliant Natural Gas at an Interconnection Point or an Installation Point in accordance with and within the limitation of Article 10 of this attachment. The liability of the TSO for claims by an Adjacent TSO is limited pursuant to the Interconnection Agreement between the TSOs, as the case may be. For the avoidance of doubt, the TSO cannot be held liable toward the Network User for damages incurred by the Adjacent TSO for which such Adjacent TSO is indemnified by the TSO. The TSO cannot be held liable towards the Network User for any damages incurred by the Network User or any third party arising out of the redelivery of non-compliant Natural Gas relating to the use of Wheeling Services. The TSO is liable for damages incurred by the Network User arising out of the redelivery of non-compliant Natural Gas at a Domestic Point in accordance with and within the limitation of Article 10 of this attachment, it being understood that the liability of the TSO for claims by a Final Customer or Local Producer is limited pursuant to the Connection Agreement between the TSO and said Final Customer or Local Producer. For the avoidance of doubt, the TSO cannot be held liable toward the Network User for damages incurred by the Final Customer or Local Producer for which such Final Customer or Local Producer is indemnified by the TSO. WARRANTIES Mutual warranties Each Party (in respect of itself and each of its permitted assigns) warrants to the other Party (for the benefit of the other Party and each of its permitted assigns) as follows: It is duly organised and validly existing under the laws of the jurisdiction of its organisation or incorporation (and, if relevant under those laws, in good standing). It has the power (i) to execute this Agreement and any other documentation relating to this Agreement to which it is a party, (ii) to deliver this Agreement and any other documentation relating to this Agreement that it is required by this Agreement to deliver, and (iii) to perform its obligations under this Agreement and has taken all necessary action to authorise that execution, delivery and performance. The execution, delivery and performance referred to in paragraph (b) do not violate or conflict with any law applicable to it, any provision of its constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of its assets. Its obligations under this Agreement constitute its legal, valid and binding obligations, enforceable in accordance with its terms subject to applicable bankruptcy, reorganisation, insolvency, moratorium or similar laws affecting creditors' rights generally and subject, as to enforceability, to equitable principles of general application.
Appears in 1 contract
Samples: Standard Transmission Agreement