Non-Firm Expanded Imbalance MDQ Sample Clauses

Non-Firm Expanded Imbalance MDQ. Despite anything to the contrary in this Agreement, and without limiting User's obligations, or Service Provider's rights, set out elsewhere in this Agreement: (a) Service Provider may, in its absolute discretion, reduce the Non-Firm Expanded Imbalance MDQ for a Day by giving Notice to User (Reduction Notice) setting out the reduced Non-Firm Expanded Imbalance MDQ for that Day (Reduced Non-Firm Expanded Imbalance MDQ); (b) if Service Provider gives User a Reduction Notice: (i) User must use reasonable endeavours to, by no later than 60 minutes after receipt of the Reduction Notice, adjust its nominations for Services for that Day for the purpose of ensuring that it does not exceed the Reduced Non-Firm Expanded Imbalance MDQ set out in that Reduction Notice; but (ii) if that Reduced Non-Firm Expanded Imbalance MDQ is nevertheless exceeded, User must take all necessary steps to correct the amount of that excess by no later than the end of the first Day for which bids or offers to inject or withdraw Gas at the Adelaide hub under the STTM Rules or STTM Procedures have not already closed at the time of receipt of the Reduction Notice; and (c) despite the prior provisions of this clause, Service Provider reserves the right to curtail deliveries of Gas under this Agreement if there are, or Service Provider considers that there are likely to be, insufficient receipts of Gas from User on a Day to meet the requirements of a Reduction Notice.
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Related to Non-Firm Expanded Imbalance MDQ

  • CPI Adjustment If the CPI Percentage Increase (as defined below) is more than [***] for the relevant Adjustment Period, then the Rent payable during that Adjustment Period shall be adjusted upward by a percentage equal to the CPI Percentage Increase (as defined below) applicable to such Adjustment Period, but not to exceed an adjustment during any Adjustment Period of greater than [***]. The term “Consumer Price Index” shall mean the unadjusted Consumer Price Index for All Urban Workers, U.S. City Average, All Items, 1982-84=100, calculated and published by the United States Department of Labor, Bureau of Labor Statistics. The “CPI Percentage Increase” shall mean, with respect to any Adjustment Period, [***]. For the avoidance of doubt, no CPI Adjustment shall be made to any payment due under this Ground Lease for any Adjustment Period if the result of such CPI Adjustment would be to (a) reduce the amount of such payment to an amount that is less than the amount of such payment due for the immediately preceding Adjustment Period or (b) to raise the amount of such payment to an amount that is greater than [***]. For illustrative purposes only, [***]. The CPI Percentage Increase for any Adjustment Period shall be calculated by the Tenant, and the Tenant shall deliver written notice to the Landlord describing such calculation in reasonable detail (a “CPI Notice”) no later than thirty (30) days after the commencement of any Adjustment Period. If the Landlord disagrees with the Tenant’s calculation of the CPI Percentage Increase, then the Landlord shall deliver to the Tenant written notice, describing the basis for such disagreement in reasonable detail (a “CPI Disagreement Notice”), not later than thirty (30) days after delivery of the CPI Notice. If the Landlord fails to deliver a CPI Disagreement Notice within thirty (30) days after delivery of any CPI Notice, then the Landlord shall be conclusively deemed to have agreed with the calculation of the CPI Percentage Increase set forth in such CPI Notice.

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