Common use of Hourly Imbalances Clause in Contracts

Hourly Imbalances. 7.3.1 An hourly imbalance shall exist if the quantities of Gas delivered at a uniform hourly rate to a Delivery Point(s) for the account of Shipper are more than or less than the quantities of Gas received at the Receipt Point(s) for the account of Shipper, less the Retention Volume. The uniform hourly rate shall be the Scheduled Quantities divided by 24 ("Uniform Rate"). Any fluctuations in flow rate shall be permitted only upon the approval, and in the sole discretion, of Transporter. Unless otherwise specifically permitted in the Confirmation, any permitted fluctuations in flow rate shall be on a case-by-case basis and shall not entitle any Shipper to future flow rate fluctuations. 7.3.2 If upon Transporter’s notice, Shipper does not adjust its hourly flows to a Uniform Rate, then in addition to any other remedies available to Transporter, Shipper may be assessed an hourly fee equal to (i) the highest daily price of gas at the location closest to the applicable Delivery Point(s) for that Day, stated in Gas Daily® (Platts, a division of S&P Global Inc.), or successor publication, in the column "Daily Price Survey" ("Gas Daily") plus one dollar ($1.00), or if Gas Daily is unavailable, another similar publication plus one dollar ($1.00), or (ii) five dollars ($5.00), whichever is greater, for each MMBtu for each hour applied to the under-delivered and over-delivered quantities, or (iii) as specifically set forth in the Confirmation or any Agency Agreement (the "Hourly Imbalance Fee").

Hourly Imbalances. 7.3.1 An hourly imbalance shall exist if the quantities of Gas delivered at a uniform hourly rate to a Delivery Point(s) for the account of Shipper are more than or less than the quantities of Gas received at the Receipt Point(s) for the account of Shipper, less the Retention Volume. The uniform hourly rate shall be the Scheduled Quantities divided by 24 ("“Uniform Rate"”). Any Unless otherwise specifically permitted in the Confirmation, any fluctuations in flow rate shall be permitted only upon the approval, and in the sole discretion, of Transporter. Unless otherwise specifically permitted in the Confirmation, any Any permitted fluctuations in flow rate shall be on a case-by-case basis and shall not entitle any Shipper to future flow rate fluctuations. 7.3.2 If upon Transporter’s notice, notice Shipper does not adjust its hourly flows to a Uniform Rate, then in addition to any other remedies available to Transporter, Shipper may be assessed an hourly fee equal to (i) the highest daily price of gas at the location closest to the applicable Delivery Point(s) for that Day, stated in Gas Daily® (Platts, a division of S&P Global The XxXxxx-Xxxx Companies, Inc.), or successor publication, in the column "“Daily Price Survey" ” ("“Gas Daily"”) plus one dollar ($1.00),, or if Gas Daily is unavailable, another similar publication plus one dollar ($1.00), or (ii) five dollars ($5.00), whichever is greater, for each MMBtu for each hour applied to the under-delivered and over-delivered quantities, or (iii) as specifically set forth in the Confirmation or any Agency Agreement quantities (the "“Hourly Imbalance Fee"”).

Hourly Imbalances. 7.3.1 An hourly imbalance shall exist if the quantities of Gas delivered at a uniform hourly rate to a Delivery Point(s) for the account of Shipper are more than or less than the quantities of Gas received at the Receipt Point(s) for the account of Shipper, less the Retention Volume. The uniform hourly rate shall be the Scheduled Quantities divided by 24 ("Uniform Rate"). Any fluctuations in flow rate shall be permitted only upon the approval, and in the sole discretion, of Transporter. Unless otherwise specifically permitted in the Confirmation, any permitted fluctuations in flow rate shall be on a case-by-case basis and shall not entitle any Shipper to future flow rate fluctuations. 7.3.2 If upon Transporter’s 's notice, Shipper does not adjust its hourly flows to a Uniform Rate, then in addition to any other remedies available to Transporter, Shipper may be assessed an hourly fee equal to (i) the highest daily price of gas at the location closest to the applicable Delivery Point(s) for that Day, stated in Gas Daily® (Platts, a division of S&P Global Inc.), or successor publication, in the column "Daily Price Survey" ("Gas Daily") plus one dollar ($1.00), or if Gas Daily is unavailable, another similar publication plus one dollar ($1.00), or (ii) five dollars ($5.00), whichever is greater, for each MMBtu for each hour applied to the under-delivered and over-delivered quantities, or (iii) as specifically set forth in the Confirmation or any Agency Agreement (the "Hourly Imbalance Fee").

Hourly Imbalances. 7.3.1 An hourly imbalance shall exist if the quantities of Gas delivered at a uniform hourly rate to a Delivery Point(s) for the account of Shipper are more than or less than the quantities of Gas received at the Receipt Point(s) for the account of Shipper, less the Retention Volume. The uniform hourly rate shall be the Scheduled Quantities divided by 24 ("“Uniform Rate"”). Any Unless otherwise specifically permitted in the Confirmation, any fluctuations in flow rate shall be permitted only upon the approval, and in the sole discretion, of Transporter. Unless otherwise specifically permitted in the Confirmation, any Any permitted fluctuations in flow rate shall be on a case-by-case basis and shall not entitle any Shipper to future flow rate fluctuations. 7.3.2 If upon Transporter’s notice, Shipper does not adjust its hourly flows to a Uniform RateRate , then in addition to any other remedies available to Transporter, Shipper may be assessed an hourly fee equal to (i) the highest daily price of gas at the location closest to the applicable Delivery Point(s) for that Day, stated in Gas Daily® (Platts, a division of S&P Global The XxXxxx-Xxxx Companies, Inc.), or successor publication, in the column "“Daily Price Survey" ” ("“Gas Daily"”) plus one dollar ($1.00), or if Gas Daily is unavailable, another similar publication plus one dollar ($1.00), or (ii) five dollars ($5.00), whichever is greater, for each MMBtu for each hour applied to the under-delivered and over-delivered quantities, or (iii) as specifically set forth in the Confirmation or any Agency Agreement quantities (the "“Hourly Imbalance Fee"”).