Common use of OPERATING CONDITIONS AND QUALITY REQUIREMENTS Clause in Contracts

OPERATING CONDITIONS AND QUALITY REQUIREMENTS. 8.1 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 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, described in attachment A of the Access Code for Transmission, 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. 8.2 Damages incurred by the TSO arising out of the acceptance by the TSO of non compliant Natural Gas at a Connection Point To the extent that the TSO is aware or should have been aware of the non compliance of the Natural delivered at a Connection Point, either because of the notification of such non compliance by the Network User, the Adjacent TSO or the 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 Producer, as the case may be. 8.3 Damages incurred by the Network User arising out of the redelivery by the TSO of non compliant Natural Gas at a Connection Point The TSO is liable towards the Network User for damages arising out of the redelivery of non compliant Natural Gas at a Connection 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. 8.4 Damages incurred by the Network User arising out of the redelivery of non compliant Natural Gas by the TSO at a Domestic Point 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 Producer is limited pursuant to the Connection Agreement between the TSO and said Final Customer or Producer. For the avoidance of doubt, the TSO cannot be held liable toward the Network User for damages incurred by the Final Customer or Producer for which such Final Customer or Producer is indemnified by the TSO.

Appears in 5 contracts

Samples: Standard Transmission Agreement, Transmission Agreement, Transmission Agreement

AutoNDA by SimpleDocs

OPERATING CONDITIONS AND QUALITY REQUIREMENTS. 8.1 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 UserUser towards the Balancing Operator, described in attachment A of the Access Code for TransmissionBalancing 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. 8.2 Damages incurred by the TSO arising out of the acceptance by the TSO of non compliant Natural Gas at a Connection Point 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, Point either because of the notification of such non compliance by the Network User, the Adjacent TSO or the 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 Producer, as the case may bebe . 8.3 Damages incurred by the Network User arising out of the redelivery by the TSO of non compliant Natural Gas at a Connection an Interconnection Point of Installation Point The TSO is liable towards the Network User for damages arising out of the redelivery of non compliant Natural Gas at a Connection an Interconnection Point or 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. 8.4 Damages incurred by the Network User arising out of the redelivery of non compliant Natural Gas by the TSO at a Domestic Point 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 Producer is limited pursuant to the Connection Agreement between the TSO and said Final Customer or Producer. For the avoidance of doubt, the TSO cannot be held liable toward the Network User for damages incurred by the Final Customer or Producer for which such Final Customer or Producer is indemnified by the TSO.

Appears in 4 contracts

Samples: Transmission Agreement, Standard Transmission Agreement, Transmission Agreement

OPERATING CONDITIONS AND QUALITY REQUIREMENTS. 8.1 General Principle Natural Gas delivered at the Connection Interconnection Point must comply with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission. Without prejudice to the UK Compliancy Adjustment Service set forth in attachment A of the Access Code for Transmission, the Natural Gas redelivered by the TSO at the Connection Interconnection Point or Domestic Exit 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 between the Parties and made available as the case may be through the Electronic Data Platform, which will also be used to inform Network Grid 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 Grid 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 Grid User, described in attachment A of the Access Code for Transmission, 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 Grid User of non compliant Natural Gas. 8.2 Damages incurred by the TSO arising out of the acceptance by the TSO of non compliant Natural Gas at a Connection an Interconnection Point To the extent that the TSO is aware or should have been aware of the non compliance of the Natural delivered at a Connection an Interconnection Point, either because of the notification of such non compliance by the Network User, Grid User or the Adjacent TSO or the ProducerTSO, 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 Interconnection Point, the Network Grid 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 Grid 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 an Interconnection Point, or if the TSO is obliged to accept such Natural Gas to maintain system integrity, the Network Grid 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 Producer, as the case may beTSO. 8.3 Damages incurred by the Network Grid User arising out of the redelivery by the TSO of non compliant Natural Gas at a Connection an Interconnection Point The TSO is liable towards the Network Grid User for damages arising out of the redelivery of non compliant Natural Gas at a Connection an Interconnection 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 interconnection agreement between the TSOs, as the case may be. For the avoidance of doubt, the TSO cannot be held liable toward the Network Grid 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 Grid User for any damages incurred by the Network Grid User or any third party arising out of the redelivery of non- non-compliant Natural Gas relating to the use of Wheeling Services. 8.4 Damages incurred by the Network Grid User arising out of the redelivery of non compliant Natural Gas by the TSO at a an Domestic Exit Point The TSO is liable for damages incurred by the Network Grid User arising out of the redelivery of non compliant Natural Gas at a Domestic Exit 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 Producer is limited pursuant to the Connection Agreement between the TSO and said Final Customer or ProducerCustomer. For the avoidance of doubt, the TSO cannot be held liable toward the Network Grid User for damages incurred by the Final Customer or Producer for which such Final Customer or Producer is indemnified by the TSO.

Appears in 2 contracts

Samples: Transmission Agreement, Transmission Agreement

OPERATING CONDITIONS AND QUALITY REQUIREMENTS. 8.1 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 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 UserUser towards the Balancing Operator, described in attachment A of the Access Code for TransmissionBalancing 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. 8.2 Damages incurred by the TSO arising out of the acceptance by the TSO of non compliant Natural Gas at a Connection Point 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, Point either because of the notification of such non compliance by the Network User, the Adjacent TSO or the 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 Producer, as the case may bebe . 8.3 Damages incurred by the Network User arising out of the redelivery by the TSO of non compliant Natural Gas at a Connection an Interconnection Point of Installation Point The TSO is liable towards the Network User for damages arising out of the redelivery of non compliant Natural Gas at a Connection Interconnection Point or 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. 8.4 Damages incurred by the Network User arising out of the redelivery of non compliant Natural Gas by the TSO at a Domestic Point 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 Producer is limited pursuant to the Connection Agreement between the TSO and said Final Customer or Producer. For the avoidance of doubt, the TSO cannot be held liable toward the Network User for damages incurred by the Final Customer or Producer for which such Final Customer or Producer is indemnified by the TSO.

Appears in 2 contracts

Samples: Transmission Agreement, Transmission Agreement

OPERATING CONDITIONS AND QUALITY REQUIREMENTS. 8.1 General Principle Natural Gas delivered at the I nterconnection 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 Interconnection C onnection Point o r Domestic Exit 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 between the Parties and made available as the case may be through the Electronic Data Platform, which will also be used to inform Network G rid UserN etwork 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 G rid UserN 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 G rid User Network User, described in attachment A of the Access Code for Transmission, 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 G rid UserN etwork User of non compliant Natural Gas. 8.2 Damages incurred by the TSO arising out of the acceptance by the TSO of non compliant Natural Gas at a an Interc Connection Point To the extent that the TSO is aware or should have been aware of the non compliance of the Natural delivered at a Connection an C I nterconnection Point, either because of the notification of such non compliance by the Network UserG rid UserN etwork User or, the Adjacent TSO or the 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 I nterconnection C onnection Point, the Network G rid UserN etwork 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 Grid U serNetwork 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 an I nterconnection C onnection Point, or if the TSO is obliged to accept such Natural Gas to maintain system integrity, the G rid User 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 Producer, as the case may be. 8.3 Damages incurred by the Network G rid UserN etwork User arising out of the redelivery by the TSO of non compliant Natural Gas at a Connection an Interconnection C onnection Point The TSO is liable towards the G rid User Network User for damages arising out of the redelivery of non compliant Natural Gas at a Connection an I nterconnection C onnection 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 i nterconnection Interconnection agreement Agreement between the TSOs, as the case may be. For the avoidance of doubt, the TSO cannot be held liable toward the G rid User 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 G rid UserN etwork User for any damages incurred by the Network G rid UserN etwork User or any third party arising out of the redelivery of non- non-compliant Natural Gas relating to the use of Wheeling Services. 8.4 Damages incurred by the Network G rid UserN etwork User arising out of the redelivery of non compliant Natural Gas by the TSO at a Domestic an D omestic Exit PointDomestic Point The TSO is liable for damages incurred by the G rid User Network User arising out of the redelivery of non compliant Natural Gas at a Domestic Exit P ointD omestic 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 Producer is limited pursuant to the Connection Agreement between the TSO and said Final Customer or Producer. For the avoidance of doubt, the TSO cannot be held liable toward the G rid User Network User for damages incurred by the Final Customer or Producer for which such Final Customer or Producer is indemnified by the TSO.

Appears in 1 contract

Samples: Standard Transmission Agreement

AutoNDA by SimpleDocs

OPERATING CONDITIONS AND QUALITY REQUIREMENTS. 8.1 General Principle Natural Gas delivered at the I nterconnection 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 Interconnection C onnection Point or Domestic Exit 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 between the Parties and made available as the case may be through the Electronic Data Platform, which will also be used to inform Network G rid UserN etwork 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 G rid UserN 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 UserG rid UserNetwork User towards the Balancing Operator, described in attachment A of the Access Code for TransmissionBalancing 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 G rid UserN etwork User of non compliant Natural Gas. 8.2 Damages incurred by the TSO arising out of the acceptance by the TSO of non compliant Natural Gas at a Connection an C I nterconnection Point 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, an I nterconnection Point C onnection P oint either because of the notification of such non compliance by the Network G rid U serNetwork User, o r the Adjacent TSO or or, the 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 I nterconnection Connection Point, the G rid User 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 Grid U serNetwork 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 an I nterconnection C onnection Point, or if the TSO is obliged to accept such Natural Gas to maintain system integrity, the G rid User 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 Producer, as the case may bebe . 8.3 Damages incurred by the Network G rid UserN etwork User arising out of the redelivery by the TSO of non compliant Natural Gas at a Connection an Interconnection C onnection Point The TSO is liable towards the G rid User Network User for damages arising out of the redelivery of non compliant Natural Gas at a Connection an I nterconnection C onnection 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 i nterconnection Interconnection agreement Agreement between the TSOs, as the case may be. For the avoidance of doubt, the TSO cannot be held liable toward the G rid User 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 G rid UserN etwork User for any damages incurred by the Network G rid UserN etwork User or any third party arising out of the redelivery of non- non-compliant Natural Gas relating to the use of Wheeling Services. 8.4 Damages incurred by the Network G rid UserN etwork User arising out of the redelivery of non compliant Natural Gas by the TSO at a Domestic an D omestic ExitD omestic Point The TSO is liable for damages incurred by the G rid User Network User arising out of the redelivery of non compliant Natural Gas at a Domestic D omestic ExitDomestic 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 Producer is limited pursuant to the Connection Agreement between the TSO and said Final Customer or ProducerCustomer. For the avoidance of doubt, the TSO cannot be held liable toward the Network G rid UserN etwork User for damages incurred by the Final Customer or Producer for which such Final Customer or Producer is indemnified by the TSO.

Appears in 1 contract

Samples: Transmission Agreement

OPERATING CONDITIONS AND QUALITY REQUIREMENTS. 8.1 General Principle Natural Gas delivered at the Connection Interconnection Point must comply with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission. Without prejudice to the UK Compliancy Adjustment Service set forth in attachment A of the Access Code for Transmission, the Natural Gas redelivered by the TSO at the Connection Interconnection Point or Domestic Exit 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 between the Parties and made available as the case may be through the Electronic Data Platform, which will also be used to inform Network Grid 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 Grid 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 UserGrid User towards the Balancing Operator, described in attachment A of the Access Code for TransmissionBalancing 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 Grid User of non compliant Natural Gas. 8.2 Damages incurred by the TSO arising out of the acceptance by the TSO of non compliant Natural Gas at a Connection an Interconnection Point 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 an Interconnection Point, either because of the notification of such non compliance by the Network User, Grid User or the Adjacent TSO or the ProducerTSO, 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 Interconnection Point, the Network Grid 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 Grid 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 an Interconnection Point, or if the TSO is obliged to accept such Natural Gas to maintain system integrity, the Network Grid 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 Producer, as the case may beTSO. 8.3 Damages incurred by the Network Grid User arising out of the redelivery by the TSO of non compliant Natural Gas at a Connection an Interconnection Point The TSO is liable towards the Network Grid User for damages arising out of the redelivery of non compliant Natural Gas at a Connection an Interconnection 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 interconnection agreement between the TSOs, as the case may be. For the avoidance of doubt, the TSO cannot be held liable toward the Network Grid 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 Grid User for any damages incurred by the Network Grid User or any third party arising out of the redelivery of non- non-compliant Natural Gas relating to the use of Wheeling Services. 8.4 Damages incurred by the Network Grid User arising out of the redelivery of non compliant Natural Gas by the TSO at a an Domestic Exit Point The TSO is liable for damages incurred by the Network Grid User arising out of the redelivery of non compliant Natural Gas at a Domestic Exit 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 Producer is limited pursuant to the Connection Agreement between the TSO and said Final Customer or ProducerCustomer. For the avoidance of doubt, the TSO cannot be held liable toward the Network Grid User for damages incurred by the Final Customer or Producer for which such Final Customer or Producer is indemnified by the TSO.

Appears in 1 contract

Samples: Transmission Agreement

OPERATING CONDITIONS AND QUALITY REQUIREMENTS. 8.1 General Principle Natural Gas delivered at the Connection Interconnection Point must comply with the Specific Requirements as set out in attachment C.4 of the Access Code for Transmission. Without prejudice to the UK Compliancy Adjustment Service set forth in attachment A of the Access Code for Transmission, the Natural Gas redelivered by the TSO at the Connection Interconnection Point or Domestic Exit 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 between the Parties and made available as the case may be through the Electronic Data Platform, which will also be used to inform Network Grid 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 Grid 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 UserGrid User towards the Balancing Operator, described in attachment A of the Access Code for TransmissionTransmissionthe 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 Grid User of non compliant Natural Gas. 8.2 Damages incurred by the TSO arising out of the acceptance by the TSO of non compliant Natural Gas at a Connection an Interconnection Point To the extent that the TSO is aware or should have been aware of the non compliance of the Natural delivered at a Connection an Interconnection Point, either because of the notification of such non compliance by the Network User, Grid User or the Adjacent TSO or the ProducerTSO, 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 Interconnection Point, the Network Grid 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 Grid 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 an Interconnection Point, or if the TSO is obliged to accept such Natural Gas to maintain system integrity, the Network Grid 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 Producer, as the case may beTSO. 8.3 Damages incurred by the Network Grid User arising out of the redelivery by the TSO of non compliant Natural Gas at a Connection an Interconnection Point The TSO is liable towards the Network Grid User for damages arising out of the redelivery of non compliant Natural Gas at a Connection an Interconnection 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 interconnection agreement between the TSOs, as the case may be. For the avoidance of doubt, the TSO cannot be held liable toward the Network Grid 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 Grid User for any damages incurred by the Network Grid User or any third party arising out of the redelivery of non- non-compliant Natural Gas relating to the use of Wheeling Services. 8.4 Damages incurred by the Network Grid User arising out of the redelivery of non compliant Natural Gas by the TSO at a an Domestic Exit Point The TSO is liable for damages incurred by the Network Grid User arising out of the redelivery of non compliant Natural Gas at a Domestic Exit 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 Producer is limited pursuant to the Connection Agreement between the TSO and said Final Customer or ProducerCustomer. For the avoidance of doubt, the TSO cannot be held liable toward the Network Grid User for damages incurred by the Final Customer or Producer for which such Final Customer or Producer is indemnified by the TSO.

Appears in 1 contract

Samples: Transmission Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!