OPERATIONAL FLOW ORDERS. Should either Party receive an operational flow order or other order or notice from a Transporter requiring action to be taken in connection with this Agreement or Gas flowing under this Agreement ("OFO"), such Party shall immediately notify the other Party of the OFO and provide the other Party a copy of same by facsimile. The Parties shall take all actions required by the OFO within the time prescribed. Each Party shall indemnify, defend and hold harmless the other Party from any Claims, including, without limitation, all non-compliance penalties and attorneys' fees, associated with an OFO (i) of which the Indemnifying Party failed to give the Indemnified Party the notice required hereunder or (ii) under which the Indemnifying Party failed to take the action required by the OFO within the time prescribed.
OPERATIONAL FLOW ORDERS. (a) The Service Provider may issue an order to the Shipper to alter Gas receipts and deliveries (Operational Flow Order) when, in the Service Provider's reasonable opinion, expected receipts and deliveries: will cause adverse operating conditions in the VicHub; will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHub, including the need to perform unscheduled maintenance or repairs; will prevent the Service Provider from meeting its commitments under its Gas Transportation Agreements with Other Shippers; or will adversely affect imbalances under their Gas Transportation Agreements with Other Shippers.
(b) Each Operational Flow Order will contain: the time and date of issue of the Operational Flow Order; the time that the Operational Flow Order is to become effective; the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); a description of the section of the VicHub for which the Operational Flow Order is in effect; the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; the reasons for issuing the Operational Flow Order; and any other information relevant to the Operational Flow Order.
(c) The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, the Shipper will pay the Service Provider a charge (Unauthorised Overrun Charge) equal to 300% of the Tariff for the Service under which the Operational Flow Order has been issued per GJ delivered or received in excess of its amended flow along that Path.
OPERATIONAL FLOW ORDERS. Shipper hereby guarantees to Transporter that each contract it has entered into in connection with the Gas to be transported under this Agreement contains a provision that permits Transporter to issue an effective Operational Flow Order pursuant to Section 8 of the General Terms and Conditions, of Transporter's FERC Gas Tariff.
OPERATIONAL FLOW ORDERS. Suppliers are subject to the Company’s issuance of operational flow orders which will direct each Supplier to adjust scheduled volumes to match the Customer Pool’s estimated usage. For Suppliers that are utilizing Rider EFBS as their balancing service, the difference between scheduled deliveries from the interstate pipeline companies and the estimated Pool usage will be met by the EFBS. In the event that the Company’s storage service provider has restricted excess storage withdrawals/injections and a Supplier exceeds Rider EFBS’s MDDQ or MDBQ such excess quantities will be considered a failure to comply with the Operational Flow Order (OFO). Failure of the Supplier to deliver volumes of gas equal to their adjusted Target Supply Quantity, with both its flowing supply and MDDQ, may result in suspension or termination from further participation in Company’s firm transportation program. Failure to comply with an Operational Flow Order, which is defined as the difference between the daily OFO volume and actual daily deliveries, will result in the action and/or billing of the following charges: Filed pursuant to an Order dated November 1, 2023 in Case No. 22-507-GA-AIR before the Public Utilities Commission of Ohio.
OPERATIONAL FLOW ORDERS. 8.1 RGC may be subject to certain operational flow orders ("OFO's") issued by VGPC: (a) to alleviate conditions that threaten the integrity of VGPC's system; (b) to maintain pressures necessary for VGPC's operations; (c) to alleviate operational problems arising from overdeliveries or underdeliveries by RGC in violation of this Agreement; and (d) to prevent damage to a storage field.
8.2 Upon the issuance of an OFO, RGC must take the actions set forth in the OFO, which may include, but are not limited to, reducing its withdrawals from storage.
OPERATIONAL FLOW ORDERS. Should either party receive an operational flow order or other order or notice from a Transporter requiring action to be taken in connection with this Agreement or Gas flowing under this Agreement (an "Operational Flow Order" or "OFO"), such party shall notify the other party of the OFO as soon as practicable and simultaneously provide the other party a copy of such OFO by facsimile or other commercially reasonable means. The parties shall take all actions required by the OFO within the period(s) prescribed therein.
OPERATIONAL FLOW ORDERS. 24.1 Description of Contents of OFOs
(a) An OFO (or Operational Flow Order) is an announcement by Service Provider:
(i) of operating conditions, attributable to conduct of User, that is in breach of User's obligations under this Agreement, which conduct is adversely affecting or may adversely affect, the provision of Pipeline Services to one or more Other Users; and
(ii) that directs User to take specific action as a result. The issue of an OFO is in addition to any other rights that Service Provider has under this Agreement.
(b) Each OFO will contain the following:
(i) the time and date that it was issued;
(ii) the time and date from which the OFO is effective;
(iii) the duration of the OFO (provided that if none is specified, the OFO will remain effective until further notice);
(iv) the action, if any, that User must take;
(v) the reason(s) for the OFO including the particulars of the relevant breach of User's obligation under this Agreement that gave rise to the issue of the OFO; and
(vi) such other information as Service Provider considers necessary.
OPERATIONAL FLOW ORDERS. (a) Operational Flow Orders shall be issued on an equitable and not unduly discriminatory basis among shippers and shall be issued to all the shippers at the same time. The Operational Flow Orders shall be issued as expeditiously as possible.
(b) Transporter shall as soon as is reasonably practicable after issuing an OFO notify Shipper of its available capacity at each affected Point for the duration of the OFO.
OPERATIONAL FLOW ORDERS. 8.1 UCG may be subject to certain operational flow orders ("OFO's") issued by VGPC: (a) to alleviate conditions that threaten the integrity of VGPC's system; (b) to maintain pressures necessary for VGPC's operations; (c) to alleviate operational problems arising from overdeliveries or underdeliveries by UCG in violation of this Agreement; and (d) to prevent damage to the Saltville storage field.
8.2 Upon the issuance of an OFO, UCG must take the actions set forth in the OFO, which may include, but are not limited to, reducing its withdrawals from storage.
OPERATIONAL FLOW ORDERS. Shipper hereby guarantees to Transporter that each contract it has entered into in connection with the Gas to be transported under this Agreement contains a provision that permits Transporter to issue an effective Operational Flow Order pursuant to Section 8 of the General Terms and Conditions. Shipper shall also guarantee for any supply contract for Gas that is transported via Viking Gas Transmission Company, that Transporter shall be designated a third party beneficiary. DATE: SEPTEMBER 21, 1994 CONTRACT NO. 03200
