Common use of Operational Transfers Clause in Contracts

Operational Transfers. (a) Subject to clause 4.4 and the rest of this clause 12.4: the Shipper may sell Contracted Capacity through a Bilateral Trade or Exchange Trade; and the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider must give effect to any such Operational Transfer subject to any validation arrangements in the Capacity Transfer and Auction Procedures. (b) Subject to the clause 4.4 and the rest of this clause 12.4, the Shipper may sell Contracted Capacity (including hourly entitlements, imbalance entitlements and other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only to the extent that a transfer can occur in a manner consistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHub. (c) The Shipper acknowledges that the Firm Services that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction. (d) Subject to rule 639 of the National Gas Rules, the Service Provider may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures. (e) Subject to any Ipso Facto Stay, and subject to rule 639 of the National Gas Rules the Service Provider’s obligation to give effect to an Operational Transfer (other than Operational Transfers that are effected as an Exchange Trade) is suspended during any period of time that the Shipper is: in breach of this agreement; or an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws of some other jurisdiction, and the Service Provider will have no liability with respect to, and during any, period of time that its obligations are suspended pursuant to this clause 12.4(e). (f) In respect of any Contracted Capacity the subject of an Operational Transfer, the following will apply: (i) subject to subclauses (ii) and (iii) below, the Shipper is liable for all charges payable under this agreement, notwithstanding that its Contracted Capacity has been transferred to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Charges or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade; (iii) the Service Provider will, acting reasonably, apportion Taxes, Charges and Carbon Charges payable by the Shipper in accordance with clause 24.1 between the Shipper and Secondary Shippers and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreement). (iv) the Shipper’s obligation to provide adequate assurance or credit support under clause 21.3 (including the quantum of such assurance or support) is not reduced as a result of any Operational Transfer; and (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses (ii) and (iii) above) that are payable under this agreement.

Operational Transfers. ‌ (a) Subject to clause 4.4 and the rest of this clause 12.4: the 12.4,the Shipper may sell Contracted Capacity through a Bilateral Trade or Exchange Trade; and the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider must give effect to any such Operational Transfer subject to any validation arrangements in the Capacity Transfer and Auction Procedures. (b) Subject to the clause 4.4 and the rest of this clause 12.4, the Shipper may sell Contracted Capacity (including hourly entitlements, imbalance entitlements and other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only to the extent that a transfer can occur in a manner consistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHubPipeline. (c) The Shipper acknowledges that the Firm Services that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction. (d) Subject to rule 639 of the National Gas Rules, the Service Provider may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures. (ed) Subject to any Ipso Facto Stay, Stay and subject to rule 639 of the National Gas Rules Rules, the Service Provider’s obligation to give effect to an Operational Transfer (other than Operational Transfers that are effected as an Exchange Trade) is suspended during any period of time that the Shipper is: is:‌ (i) in breach of this agreementdocument; or or (ii) an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws of some other jurisdiction, and the Service Provider will have no liability to the Shipper in respect of the suspended Operational Transfer with respect to, and during any, period of time that its obligations are suspended of suspension pursuant to this clause 12.4(e12.4(d). (fe) In respect of any Contracted Capacity the subject of an Operational Transfer, the following will apply: (i) subject to subclauses (ii) and (iii) below, the Shipper is liable for all charges payable under this agreementdocument, notwithstanding that its Contracted Capacity has been transferred to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Charges Imbalance Charges, or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade;Trade;‌ (iii) the Service Provider will, acting reasonably, apportion Taxes, Charges and Carbon Charges payable by the Shipper in accordance with clause 24.1 24‌ between the Shipper and Secondary Shippers and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreementdocument).; (iv) the Shipper’s obligation to provide adequate assurance or credit support under clause 21.3 (including the quantum of such assurance or support) is not reduced as a result of any Operational Transfer; and; (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses (ii) and (iii) above) that are payable under this agreementdocument.

Operational Transfers. (a) Subject to clause 4.4 and the rest of this clause 12.4: the 12.4,the Shipper may sell Contracted Capacity through a Bilateral Trade or Exchange Trade; and the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider must give effect to any such Operational Transfer subject to any validation arrangements in the Capacity Transfer and Auction Procedures. (ba) Subject to the clause 4.4 and the rest of this clause 12.4, the Shipper may sell Contracted Capacity (including hourly entitlements, imbalance entitlements and other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only to the extent that a transfer can occur in a manner consistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHubPipeline. (c) The Shipper acknowledges that the Firm Services that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction. (db) Subject to rule 639 of the National Gas Rules, the Service Provider may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures. (ec) Subject to any Ipso Facto Stay, Stay and subject to rule 639 of the National Gas Rules Rules, the Service Provider’s obligation to give effect to an Operational Transfer (other than Operational Transfers that are effected as an Exchange Trade) is suspended during any period of time that the Shipper is: : (i) in breach of this agreementdocument; or or (ii) an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws of some other jurisdiction, and the Service Provider will have no liability to the Shipper in respect of the suspended Operational Transfer with respect to, and during any, period of time that its obligations are suspended of suspension pursuant to this clause 12.4(e12.4(c). (fd) In respect of any Contracted Capacity the subject of an Operational Transfer, the following will apply: (i) subject to subclauses (ii) and (iii) below, the Shipper is liable for all charges payable under this agreementdocument, notwithstanding that its Contracted Capacity has been transferred to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Charges Imbalance Charges, or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade; (iii) the Service Provider will, acting reasonably, apportion Taxes, Charges and Carbon Charges payable by the Shipper in accordance with clause 24.1 24 between the Shipper and Secondary Shippers and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreementdocument).; (iv) the Shipper’s obligation to provide adequate assurance or credit support under clause 21.3 (including the quantum of such assurance or support) is not reduced as a result of any Operational Transfer; and; (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses (ii) and (iii) above) that are payable under this agreementdocument.

Operational Transfers. (a) Subject to clause 4.4 and the rest of this clause 12.4: : (i) the Shipper may sell Contracted Capacity through a Bilateral Trade or Exchange Trade; and and (ii) the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement document may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider Providers must give effect to any such Operational Transfer subject to any validation arrangements in the Capacity Transfer and Auction Procedures. (b) Subject to the clause 4.4 and the rest of this clause 12.4, the Shipper may sell Contracted Capacity (including hourly entitlements, imbalance entitlements and other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only to the extent that a transfer can occur in a manner consistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHubEGP. (c) The Shipper acknowledges that the Firm Forward Haulage Services that it does not nominate to use under this agreement document may be allocated to a Secondary Shipper through the Capacity Auction. (d) Subject to rule 639 of the National Gas Rules, the Service Provider Providers may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures. (e) Subject to any Ipso Facto Stay, Stay and subject to rule 639 of the National Gas Rules Rules, the Service Provider’s Providers’ obligation to give effect to an Operational Transfer (other than Operational Transfers that are effected as an Exchange Trade) is suspended during any period of time that the Shipper is: : (i) in breach of this agreement; or or (ii) an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws of some other jurisdiction, and the Service Provider Providers will have no liability to the Shipper in respect of the suspended Operational Transfer with respect to, and during any, period of time that its obligations are suspended of suspension pursuant to this clause 12.4(e). (f) In respect of any Contracted Capacity the subject of an Operational Transfer, the following will apply: (i) subject to subclauses (ii) and (iii) below, the Shipper is liable for all charges payable under this agreement, notwithstanding that its Contracted Capacity has been transferred to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Imbalance Charges, Odourisation Charges or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade; (iii) the Service Provider Providers will, acting reasonably, apportion Taxes, Charges and Carbon Charges payable by the Shipper in accordance with clause 24.1 24 between the Shipper and Secondary Shippers and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreement).; (iv) the Shipper’s obligation to provide adequate assurance or credit support under clause 21.3 (including the quantum of such assurance or support) is not reduced as a result of any Operational Transfer; and; (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses (ii) and (iii) above) that are payable under this agreement.

Operational Transfers. (a) Subject to the terms and conditions of clause 4.4 and the rest of this clause 12.4: : (i) the Shipper may sell Contracted Capacity through a Bilateral Trade or Exchange Trade; and and (ii) the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider Providers must give effect to any such Operational Transfer subject to any validation arrangements in the Capacity Transfer and Auction Procedures. (b) Subject to the clause 4.4 and the rest of this clause 12.4, the Shipper may sell Contracted Capacity (including hourly entitlements, imbalance entitlements and other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only to the extent that a transfer can occur in a manner consistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHubPipeline. (c) The Shipper acknowledges that the Firm Services that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction. (d) Subject to rule 639 of the National Gas Rules, the Service Provider Providers may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures. (e) Subject to any Ipso Facto Stay, and subject to rule 639 of the National Gas Rules Rules, the Service Provider’s Providers’ obligation to give effect to an Operational Transfer (other than any Operational Transfers Transfer that are is effected as an Exchange Trade) is suspended during any period of time that the Shipper is: : (i) in breach of this agreementAgreement; or or (ii) an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws of some other jurisdiction, and the Service Provider Providers will have no liability with respect to, and during anyduring, any period of time that its obligations are suspended pursuant to this clause 12.4(e). (f) In respect of any Contracted Capacity the subject of an Operational Transfer, the following will apply: (i) subject to subclauses (ii) and (iii) below, the Shipper is liable for all charges payable under this agreement, notwithstanding that its Contracted Capacity has been transferred to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Imbalance Charges or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade; (iii) the Service Provider Providers will, acting reasonably, apportion Taxes, Charges and Carbon Charges payable by the Shipper in accordance with clause 24.1 between the Shipper and Secondary Shippers Shippers, and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreement). (iv) the Shipper’s obligation to provide adequate assurance or credit support under clause 21.3 of this agreement (including the quantum of such assurance or support) is not reduced as a result of any Operational Transfer; and; (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses paragraphs (ii) and (iii) above) that are payable under this agreement.

Operational Transfers. (a) Subject to clause 4.4 5.4 and the rest of this clause 12.4: 13.4: (i) the Shipper may sell Contracted Capacity for a Firm Forward Class A Service through a Bilateral Trade or Exchange Trade; and and (ii) the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement document may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider Providers must give effect to any such Operational Transfer subject to any validation arrangements in the Capacity Transfer and Auction Procedures. (b) Subject to the clause 4.4 5.4 and the rest of this clause 12.413.4, the Shipper may sell Contracted Capacity for Firm Forward Class A Services (including hourly entitlements, imbalance entitlements and other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only to the extent that a transfer can occur in a manner consistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHubEGP. (c) The Shipper acknowledges that the Firm Forward Haulage Services that it does not nominate to use under this agreement document may be allocated to a Secondary Shipper through the Capacity Auction. (d) Subject to rule 639 of the National Gas Rules, the Service Provider Providers may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures. (e) Subject to any Ipso Facto Stay, Stay and subject to rule 639 of the National Gas Rules Rules, the Service Provider’s Providers’ obligation to give effect to an Operational Transfer (other than Operational Transfers that are effected as an Exchange Trade) is suspended during any period of time that the Shipper is: : (i) in breach of this agreement; or or (ii) an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws of some other jurisdiction, and the Service Provider Providers will have no liability to the Shipper in respect of the suspended Operational Transfer with respect to, and during any, period of time that its obligations are suspended of suspension pursuant to this clause 12.4(e). (f) In respect of any Contracted Capacity the subject of an Operational Transfer, the following will apply: (i) subject to subclauses (ii) and (iii) below, the Shipper is liable for all charges payable under this agreement, notwithstanding that its Contracted Capacity has been transferred to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Imbalance Charges, Odourisation Charges or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade; (iii) the Service Provider Providers will, acting reasonably, apportion Taxes, Charges and Carbon Charges payable by the Shipper in accordance with clause 24.1 23 between the Shipper and Secondary Shippers and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreement).; (iv) the Shipper’s obligation to provide adequate assurance or credit support under clause 21.3 22.3 (including the quantum of such assurance or support) is not reduced as a result of any Operational Transfer; and; (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses (ii) above and (iii) above) that are payable under this agreement.

Operational Transfers. (a) Subject to clause 4.4 and the rest of this clause 12.4: : (i) the Shipper may sell Contracted Capacity through a Bilateral Trade or Exchange Trade; and and (ii) the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement document may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider Providers must give effect to any such Operational Transfer subject to any validation arrangements in the Capacity Transfer and Auction Procedures. (b) Subject to the clause 4.4 and the rest of this clause 12.4, the Shipper may sell Contracted Capacity (including hourly entitlements, imbalance entitlements and other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only to the extent that a transfer can occur in a manner consistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHubEGP. (c) The Shipper acknowledges that the Firm Forward Haulage Services that it does not nominate to use under this agreement document may be allocated to a Secondary Shipper through the Capacity Auction. (d) Subject to rule 639 of the National Gas Rules, the Service Provider Providers may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures. (e) Subject to any Ipso Facto Stay, Stay and subject to rule 639 of the National Gas Rules Rules, the Service Provider’s Providers’ obligation to give effect to an Operational Transfer (other than Operational Transfers that are effected as an Exchange Trade) is suspended during any period of time that the Shipper is: : (i) in breach of this agreement; or or (ii) an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws Laws of some other jurisdiction, and the Service Provider Providers will have no liability to the Shipper in respect of the suspended Operational Transfer with respect to, and during any, period of time that its obligations are suspended of suspension pursuant to this clause 12.4(e). (f) In respect of any Contracted Capacity the subject of an Operational Transfer, the following will apply: (i) subject to subclauses (ii) and (iii) below, the Shipper is liable for all charges payable under this agreement, notwithstanding that its Contracted Capacity has been transferred to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Imbalance Charges, Odourisation Charges or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade; (iii) the Service Provider Providers will, acting reasonably, apportion Taxes, Charges and Carbon Charges payable by the Shipper in accordance with clause 24.1 24 between the Shipper and Secondary Shippers and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreement).; (iv) the Shipper’s obligation to provide adequate assurance or credit support under clause 21.3 (including the quantum of such assurance or support) is not reduced as a result of any Operational Transfer; and; (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses (ii) and (iii) above) that are payable under this agreement.

Operational Transfers. (a) Subject to compliance with the procedures set out in clause 4.4 6.4 and the rest of this clause 12.4: 7A: (i) the Shipper may sell Contracted Capacity through a Bilateral Trade or Exchange Trade; Trade and the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider Transporter must give effect to any such Operational Transfer subject to any validation arrangements in the Capacity Transfer and Auction Procedures.; and (bii) Subject to the clause 4.4 and the rest of this clause 12.4, the Shipper may sell Contracted Capacity (including hourly entitlements, imbalance entitlements and other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only to the extent that a transfer can occur in a manner consistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHubPipeline. (c) The Shipper acknowledges that the Firm Services that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction. (db) Subject to rule 639 of the National Gas Rules, the Service Provider Transporter may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures. (ec) Subject to any Ipso Facto Stay, and subject to rule 639 of the National Gas Rules Rules, the Service ProviderTransporter’s obligation to give effect to an Operational Transfer (other than Operational Transfers that are effected as an Exchange Trade) is suspended during any period of time that the Shipper is: : (i) in breach of this agreementdocument; or or (ii) an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws of some other jurisdiction, and the Service Provider Transporter will have no liability with respect to, and during any, period of time that its obligations are suspended pursuant to this clause 12.4(e)clause. (fd) In respect of any Contracted Capacity the subject of an Operational Transfer, the following will apply: (i) subject to subclauses (ii) and (iii) below, the Shipper is liable for all charges payable under this agreement, notwithstanding that its Contracted Capacity has been transferred to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Imbalance Charges, Odourisation Charges or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade; (iii) the Service Provider Transporter will, acting reasonably, apportion Taxes, Charges and any amounts payable as a result of Carbon Charges payable by the Shipper in accordance with clause 24.1 18.2 between the Shipper and Secondary Shippers and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreementthe GTA). (iv) the Shipper’s obligation to provide adequate assurance or credit support Adequate Assurance under clause 21.3 (including the quantum of such assurance or support) is not reduced as a result of any Operational Transfer; and (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses (ii) and (iii) above) that are payable under this agreement.clause

Operational Transfers. (a) Subject to compliance with the procedures set out in clause 4.4 6.4 and the rest of this clause 12.4: 7A: (i) the Shipper may sell Contracted Capacity through a Bilateral Trade or Exchange Trade; Trade and the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider Transporter must give effect to any such Operational Transfer subject to any validation arrangements in the Capacity Transfer and Auction Procedures.; and (bii) Subject to the clause 4.4 and the rest of this clause 12.4, the Shipper may sell Contracted Capacity (including hourly entitlements, imbalance entitlements and other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only to the extent that a transfer can occur in a manner consistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHubPipeline. (c) The Shipper acknowledges that the Firm Services that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction. (db) Subject to rule 639 of the National Gas Rules, the Service Provider Transporter may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures. (ec) Subject to any Ipso Facto Stay, and subject to rule 639 of the National Gas Rules Rules, the Service ProviderTransporter’s obligation to give effect to an Operational Transfer (other than Operational Transfers that are effected as an Exchange Trade) is suspended during any period of time that the Shipper is: : (i) in breach of this agreementdocument; or or (ii) an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws of some other jurisdiction, and the Service Provider Transporter will have no liability with respect to, and during any, period of time that its obligations are suspended pursuant to this clause 12.4(e)clause. (fd) In respect of any Contracted Capacity the subject of an Operational Transfer, the following will apply: (i) subject to subclauses (ii) and (iii) below, the Shipper is liable for all charges payable under this agreement, notwithstanding that its Contracted Capacity has been transferred to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Imbalance Charges, Odourisation Charges or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade; (iii) the Service Provider Transporter will, acting reasonably, apportion Taxes, Charges and any amounts payable as a result of Carbon Charges payable by the Shipper in accordance with clause 24.1 18.2 between the Shipper and Secondary Shippers and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreementthe GTA). (iv) the Shipper’s obligation to provide adequate assurance or credit support Adequate Assurance under clause 21.3 30.3 (including the quantum of such assurance or supportAdequate Assurance) is not reduced as a result of any Operational Transfer; and (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses (ii) and (iii) above) that are payable under the GTA. (e) The Shipper must pay the Standardisation Cost Charge for each Gas Transportation Agreement held by the Shipper which will be calculated in accordance with the schedule published by the Transporter on its website pursuant to Rule 634(4). (f) The Shipper acknowledges that the Standardisation Cost Charges are calculated on an annual basis based on costs the Transporter has incurred and estimates of costs that will be incurred in the relevant year. The Transporter will be entitled to complete a true-up at the end of each year which will affect the calculation of the Standardisation Cost Charges for the following year. (g) The Transporter will add the Standardisation Cost Charge to the applicable monthly invoice which will be payable by the Shipper in accordance with the terms of this agreement.

Operational Transfers. (a) Subject to clause 4.4 and the rest remainder of this clause 12.4: 34.2 and provided that an exemption from the relevant Gas Laws does not apply to the TGP, the Shipper may sell request to transfer all or part of its Contracted Capacity through a Bilateral Trade or Exchange Trade; and the Shipper’s Contracted Capacity (excluding capacity sold through a Bilateral Trade or Exchange Trade) that it does not nominate to use under this agreement may be allocated to a Secondary Shipper through the Capacity Auction, and the Service Provider must give effect to any such Operational Transfer subject to any validation arrangements in accordance with the Capacity Transfer and Auction ProceduresProcedures for use by a third party under an OTSA (Operational Transfer). (b) Subject The Service Provider may decline to give effect to, suspend or impose conditions on an Operational Transfer: (i) subject to rule 639 of the clause 4.4 and National Gas Rules, during any period in which the rest Shipper is in breach of this clause 12.4, document or subject of an Insolvency Event; (ii) where it is reasonable to do so having regard to: (A) the Shipper may sell Contracted Capacity operational and technical requirements necessary for the safe and reliable operation of the TGP; and (including B) the need to ensure any Operational Transfer is effected in a workable manner and consistently with the other provisions of this document; (iii) in respect of any request to transfer of hourly entitlements, imbalance entitlements and or other contractual entitlements to use the relevant Contracted Capacity or use it in a given way) through Bilateral Trades but only , to the extent that a transfer can occur in a manner consistent Operational Transfer would be inconsistent with the operational and technical requirements necessary for the safe and reliable operation of the VicHub.TGP; (civ) The Shipper acknowledges in respect of any request to transfer a Service (Individual Service) that the Firm is provided together with one or more other Services that it does not nominate to use under this agreement may be allocated to document as a Secondary Shipper through the Capacity Auction.single Service, if: (dA) Subject the Individual Service is not available to shippers on the TGP; or (B) it is not operationally and technically feasible to provide each such Service as a separate Service in a manner consistent with the safe and reliable operation of the TGP; (v) subject to rule 639 of the National Gas Rules, the Service Provider may decline to give effect to any Exchange Trade in the circumstances permitted by the Capacity Transfer and Auction Procedures; or (vi) where otherwise permitted under the Gas Laws. (c) Despite anything else in this document but subject to paragraphs (d), (e) Subject and (f), to any Ipso Facto Stay, and subject to rule 639 the extent all or part of the National Gas Rules the Service ProviderShipper’s obligation to give effect to Contracted Capacity is subject of an Operational Transfer (other than Operational Transfers that are effected as an Exchange Trade) is suspended during any period of time that the Shipper is: will not be entitled to use that Contracted Capacity but will remain liable for all charges payable under this document in breach respect of this agreement; or an externally-administered body corporate (as defined in the Corporations Act) or under a similar form of administration under the laws of some other jurisdiction, and the Service Provider will have no liability with respect to, and during any, period of time that its obligations are suspended pursuant to this clause 12.4(e)Contracted Capacity. (fd) In The Shipper will not be liable under this document for any imbalances or overruns in respect of any Contracted Capacity to the extent that Contracted Capacity is the subject of an Operational Transfer, the following will apply:or any act or omission of another person which relates to that transferred capacity. (ie) subject to subclauses (ii) and (iii) below, To the extent the Shipper is liable for all charges payable under this agreement, notwithstanding that its Contracted Capacity has been transferred required to a Secondary Shipper; (ii) the Shipper will not be liable for any Odourising Charges or Unauthorised Overrun Charges resulting from the use of Contracted Capacity by a Secondary Shipper who validly holds such Contracted Capacity pursuant to an Exchange Trade or Bilateral Trade; (iii) pay the Service Provider willa variable charge based on the quantity of a Service it uses on a day, acting reasonablythen, apportion Taxes, Charges and Carbon Charges payable by the Shipper in accordance with clause 24.1 between the Shipper and Secondary Shippers and the Shipper’s liability in respect of such Taxes, Charges and Carbon Charges will be reduced to the extent such charges have been apportioned to the Secondary Shipper (which will be notified to the Shipper in invoices provided to the Shipper under this agreement). (iv) the Shipper’s obligation to provide adequate assurance or credit support under clause 21.3 (including the quantum of such assurance or support) is not reduced as a result of any Operational Transfer; and (v) for so long as the Operational Transfer remains in effect, the Shipper has no right to request the use of any Contracted Capacity that is the subject of an Operational Transfer (Transferred Capacity), the Shipper must pay to the Service Provider the variable charge which would have been payable had the Shipper used the entire amount of that Transferred Capacity on each day of the Operational Transfer, provided that the Service Provider may not recoup the same charge from the Shipper and a third party in respect of that Transferred Capacity. (f) To avoid doubt, an Operational Transfer does not: (i) reduce the fixed charges payable by the Shipper under this document in respect of the transferred capacity; and (vi) the Shipper’s Contractual MDQ will not be reduced under any circumstances for the purpose of determining any charges (except in the circumstances described in subclauses (ii) and (iii) above) reduce the quantum of credit support that are payable the Shipper is required to provide under this agreementdocument.