Common use of Indices no longer available Clause in Contracts

Indices no longer available. (a) If: (i) a publication which contains a rate or index used in this agreement ceases to be published for any reason; or (ii) such a rate or index ceases to exist for any reason, the parties will select a comparable rate or index, with adjustments as necessary or appropriate, to be used in place of such rate or index that maintains the intent and economic effect of the original rate or index. If the parties fail to agree on such a rate or index, the issue must be resolved in accordance with clause 23, and the relevant arbitral tribunal will select the published rate or index, or a combination of rates or indices, with adjustments as necessary or appropriate, that most nearly preserves the original economic balance established by the parties. (b) If any rate or index used in this agreement is not published for a particular date, but the publication containing such rate or index continues to be published and the rate or index itself continues to exist, then the parties must use the published rate or index in effect for the date such rate or index was most recently published as the rate or index prior to such date, unless otherwise provided in this agreement. (c) If an incorrect value is published for any rate or index used in this agreement and such error is corrected and published within one year of the date of the publication of such incorrect rate or index, then such corrected rate or index will be substituted for the incorrect rate or index and any calculations involving such rate or index will be recalculated. The parties will take any necessary actions based upon these revised calculations, including adjustments of amounts previously invoiced and/or paid. Any capitalised terms used in this Schedule which are not otherwise defined in this Schedule have the meaning given to them in the agreement. 1 Application of this Schedule If at the request of a person, the Transporter undertakes an expansion or extension of the Pipeline which results in: (1) the capacity of the Pipeline to exceed 300 TJ/Day; or (2) an extension of the Pipeline beyond KP0 or KP622; or (3) the construction of a lateral pipeline which ties into the Pipeline, (a Large Expansion) then the Transporter and that person may agree the tariff and any charge applicable to that person for the period following that Large Expansion without reference to the calculation principles set out in sections 2 and 3 of this Schedule.

Indices no longer available. (a) If: (i) a publication which contains a rate or index used in this agreement ceases to be published for any reason; or (ii) such a rate or index ceases to exist for any reason, the parties will select a comparable rate or index, with adjustments as necessary or appropriate, to be used in place of such rate or index that maintains the intent and economic effect of the original rate or index. If the parties fail to agree on such a rate or index, the issue must be resolved in accordance with clause 2322, and the relevant arbitral tribunal will select the published rate or index, or a combination of rates or indices, with adjustments as necessary or appropriate, that most nearly preserves the original economic balance established by the parties. (b) If any rate or index used in this agreement is not published for a particular date, but the publication containing such rate or index continues to be published and the rate or index itself continues to exist, then the parties must use the published rate or index in effect for the date such rate or index was most recently published as the rate or index prior to such date, unless otherwise provided in this agreement. (c) If an incorrect value is published for any rate or index used in this agreement and such error is corrected and published within one year of the date of the publication of such incorrect rate or index, then such corrected rate or index will be substituted for the incorrect rate or index and any calculations involving such rate or index will be recalculated. The parties will take any necessary actions based upon these revised calculations, including adjustments of amounts previously invoiced and/or paid. Any capitalised terms used 1 Firm Nitrogen Removal Service Start Date First Day of the NRSA Services Term End date NRSA End Date MDQ (GJ/Day) [insert] GJ/Day NRMDQ (GJ/Day) [insert] GJ/Day + FUG NRSA Receipt Point pressure Minimum: 5000 kPagMaximum: 9650 kPagMAOP: 10200 kPag Associated Service Firm Forward Haul Transportation Service under Annexure A of the GTA NRSA Tariff $0.7430 ($2017) per GJ/Day Firm Charge NRSA Tariff x MDQ Authorised Overrun Charge See clause 5.5 Minimum Service Charge Nil Indexation Unless otherwise specified, all Charges are quoted in 2015 dollars, excluding GST and will adjusted on each Review Date as follows: (CPIr − CPIb) Tr = Tb x [1 + ( ) ] CPIb Where:Tr = relevant Charge in this Schedule which are not otherwise defined section, applicable from Review DateTb = relevant base Charge specified in this Schedule have sectionCPIr = CPI for quarter ended 31 December immediately before relevant Review Date CPIb = CPI published for the meaning given to them in the agreementquarter ending 31 December 2014. Review Date = Annually, 1 Application of this Schedule If at the request of a person, the Transporter undertakes an expansion or extension January each year. 2 As-Available Nitrogen Removal Service Start Date First Day of the Pipeline which results in: NRSA Services Term End date NRSA End Date MDQ (1GJ/Day) the capacity [insert] GJ/Day NRMDQ (GJ/Day) [insert] GJ/Day + FUG NRSA Receipt Point pressure Minimum: 5000 kPagMaximum: 9650 kPagMAOP: 10200 kPag Associated Service As-Available Forward Haul Transportation Service under Annexure B of the GTA NRSA Tariff $0.7430 ($2017) per GJ/ Day As-Available Charge NRSA Tariff x ADQ Authorised Overrun Charge See clause 5.5 Minimum Service Charge Nil Indexation Unless otherwise specified, all Charges are quoted in 2015 dollars, excluding GST and will adjusted on each Review Date as follows: (CPIr − CPIb) Tr = Tb x [1 + ( ) ] CPIb Where:Tr = relevant Charge in this section, applicable from Review DateTb = relevant base Charge specified in this sectionCPIr = CPI for quarter ended 31 December immediately before relevant Review Date CPIb = CPI published for the quarter ending 31 December 2014. Review Date = Annually, 1 January each year. Expert Determination Agreement Northern Gas Pipeline Nitrogen Removal Services Agreement [ ] [#insert party name] [ ] [#insert party name] [ ] Expert Parties [#insert party name and address] (#insert party name) [#insert party name and address] (#insert party name) [#insert name and address of Expert agreed between the parties or appointed pursuant to exceed 300 TJ/Day; or clause 24.2 (2Selection of expert) an extension of the Pipeline beyond KP0 or KP622; orNRSA (Expert) (3) the construction of a lateral pipeline which ties into the Pipeline, (a Large Expansion) then the Transporter and that person may agree the tariff and any charge applicable to that person for the period following that Large Expansion without reference A. The background to the calculation principles Nitrogen Removal Services is set out in sections 2 the NRSA. B. On [#insert], [the Parties agreed / (#insert party name) chose] that the matter described in [#insert] be determined by an Expert appointed under clause 24.2 (Selection of expert) of the NRSA. C. In accordance with clause 24.2 of the NRSA, the Expert has been appointed to determine the Matter in accordance with the process set out in this Agreement and 3 of this Schedulethe NRSA.

Indices no longer available. (a) If: (i) a publication which contains a rate or index used in this agreement ceases to be published for any reason; or (ii) such a rate or index ceases to exist for any reason, the parties will select a comparable rate or index, with adjustments as necessary or appropriate, to be used in place of such rate or index that maintains the intent and economic effect of the original rate or index. If the parties fail to agree on such a rate or index, the issue must be resolved in accordance with clause 2322, and the relevant arbitral tribunal will select the published rate or index, or a combination of rates or indices, with adjustments as necessary or appropriate, that most nearly preserves the original economic balance established by the parties. (b) If any rate or index used in this agreement is not published for a particular date, but the publication containing such rate or index continues to be published and the rate or index itself continues to exist, then the parties must use the published rate or index in effect for the date such rate or index was most recently published as the rate or index prior to such date, unless otherwise provided in this agreement. (c) If an incorrect value is published for any rate or index used in this agreement and such error is corrected and published within one year of the date of the publication of such incorrect rate or index, then such corrected rate or index will be substituted for the incorrect rate or index and any calculations involving such rate or index will be recalculated. The parties will take any necessary actions based upon these revised calculations, including adjustments of amounts previously invoiced and/or paid. Any capitalised terms used 1 Firm Nitrogen Removal Service Start Date First Day of the NRSA Services Term End date NRSA End Date MDQ (GJ/Day) [insert] GJ NRMDQ (GJ/Day) [insert] GJ + FUG + SUG NRSA Receipt Point pressure Maximum: 10,200 kPagMinimum: 5,000 kPag Associated Service Firm Forward Haul Transportation Service under Annexure A of the GTA NRSA Tariff $[insert] ($2015) per GJ Firm Charge NRSA Tariff x MDQ Authorised Overrun Charge See clause 5.5 Minimum Service Charge Nil Indexation Unless otherwise specified, all Charges are quoted in 2015 dollars, excluding GST and will adjusted on each Review Date as follows: (CPIr  CPIb) Tr = Tb x [1 + ( ) ] CPIb Where:Tr = relevant Charge in this Schedule which are not otherwise defined section, applicable from Review DateTb = relevant base Charge specified in this Schedule have sectionCPIr = CPI for quarter ended 31 December immediately before relevant Review Date CPIb = CPI published for the meaning given to them in the agreementquarter ending 31 December 2014. Review Date = Annually, 1 Application of this Schedule If at the request of a person, the Transporter undertakes an expansion or extension January each year. 2 As-Available Nitrogen Removal Service Start Date First Day of the Pipeline which results in: NRSA Services Term End date NRSA End Date MDQ (1GJ/Day) the capacity [insert] GJ NRMDQ (GJ/Day) [insert] GJ + FUG + SUG NRSA Receipt Point pressure Maximum: 10,200 kPagMinimum: 5,000 kPag Associated Service As-Available Forward Haul Transportation Service under Annexure B of the GTA NRSA Tariff $[insert] ($2015) per GJ/ Day As-Available Charge NRSA Tariff x ADQ Authorised Overrun Charge See clause 5.5 Minimum Service Charge Nil Indexation Unless otherwise specified, all Charges are quoted in 2015 dollars, excluding GST and will adjusted on each Review Date as follows: (CPIr  CPIb) Tr = Tb x [1 + ( ) ] CPIb Where:Tr = relevant Charge in this section, applicable from Review DateTb = relevant base Charge specified in this sectionCPIr = CPI for quarter ended 31 December immediately before relevant Review Date CPIb = CPI published for the quarter ending 31 December 2014. Review Date = Annually, 1 January each year. Expert Determination Agreement Northern Gas Pipeline Nitrogen Removal Services Agreement [ ] [#insert party name] [ ] [#insert party name] [ ] Expert Parties [#insert party name and address] (#insert party name) [#insert party name and address] (#insert party name) [#insert name and address of Expert agreed between the parties or appointed pursuant to exceed 300 TJ/Day; or clause 24.2 (2Selection of expert) an extension of the Pipeline beyond KP0 or KP622; orNRSA (Expert) (3) the construction of a lateral pipeline which ties into the Pipeline, (a Large Expansion) then the Transporter and that person may agree the tariff and any charge applicable to that person for the period following that Large Expansion without reference A. The background to the calculation principles Nitrogen Removal Services is set out in sections 2 the NRSA. B. On [#insert], [the Parties agreed / (#insert party name) chose] that the matter described in [#insert] be determined by an Expert appointed under clause 24.2 (Selection of expert) of the NRSA. C. In accordance with clause 24.2 of the NRSA, the Expert has been appointed to determine the Matter in accordance with the process set out in this Agreement and 3 of this Schedulethe NRSA.

Indices no longer available. (a) If: (i) a publication which contains a rate or index used in this agreement ceases to be published for any reason; or (ii) such a rate or index ceases to exist for any reason, the parties will select a comparable rate or index, with adjustments as necessary or appropriate, to be used in place of such rate or index that maintains the intent and economic effect of the original rate or index. If the parties fail to agree on such a rate or index, the issue must be resolved in accordance with clause 2322, and the relevant arbitral tribunal will select the published rate or index, or a combination of rates or indices, with adjustments as necessary or appropriate, that most nearly preserves the original economic balance established by the parties. (b) If any rate or index used in this agreement is not published for a particular date, but the publication containing such rate or index continues to be published and the rate or index itself continues to exist, then the parties must use the published rate or index in effect for the date such rate or index was most recently published as the rate or index prior to such date, unless otherwise provided in this agreement. (c) If an incorrect value is published for any rate or index used in this agreement and such error is corrected and published within one year of the date of the publication of such incorrect rate or index, then such corrected rate or index will be substituted for the incorrect rate or index and any calculations involving such rate or index will be recalculated. The parties will take any necessary actions based upon these revised calculations, including adjustments of amounts previously invoiced and/or paid. Any capitalised terms used 1 Firm Nitrogen Removal Service Start Date First Day of the NRSA Services Term End date NRSA End Date MDQ (GJ/Day) [TBA] GJ/Day NRMDQ (GJ/Day) [TBA] GJ/Day + FUG + SUG NRSA Receipt Point pressure Minimum: 5000 kPagMaximum: 9650 kPagMAOP: 10200 kPag Priority 1 Associated Service Firm Forward Haul Transportation Service under Annexure [x] of the GTA NRSA Tariff $X.XXXX per GJ/D ay ($YYYY) Firm Charge NRSA Tariff x MDQ Authorised Overrun Charge See clause 5.5 Minimum Service Charge Nil Indexation Unless otherwise specified, all Charges are quoted in YYYY dollars, excluding GST and will adjusted on each Review Date as follows: (CPIr – CPIb) Tr = Tb x [1 + ( ) ] CPIb Where:Tr = relevant Charge in this Schedule which are not otherwise defined section, applicable from Review Date Tb = relevant base Charge specified in this Schedule have the meaning given to them in the agreement. 1 Application of this Schedule If at the request of a person, the Transporter undertakes an expansion or extension of the Pipeline which results in: (1) the capacity of the Pipeline to exceed 300 TJ/Day; or (2) an extension of the Pipeline beyond KP0 or KP622; or (3) the construction of a lateral pipeline which ties into the Pipeline, (a Large Expansion) then the Transporter and that person may agree the tariff and any charge applicable to that person sectionCPIr = CPI for quarter ended 31 December immediately before relevant Review DateCPIb = CPI published for the period following that Large Expansion without reference to the calculation principles set out in sections 2 and 3 of this Schedulequarter ending 31 December YYYY-1. Review Date = Annually, 1 January each year.