Common use of Operator may refuse to Deliver Gas Clause in Contracts

Operator may refuse to Deliver Gas. In addition to any other rights and remedies that may be available to it under this Contract or under any Law, the Operator may refuse to Deliver Gas to the Shipper at an Outlet Point in all or any of the following cases: (a) to the extent that the Operator is entitled to refuse to Deliver Gas under all or any of: (i) clause 7.6 (Operator and Shipper may refuse to Receive Out-of- Specification Gas); (ii) clause 9.5(b) (Accumulated Imbalance Limit); (iii) clause 9.8(c) (Remedies for breach of imbalance limit); (iv) clause 10.3(a)(iv) (Consequences of exceeding Hourly Peaking Limit); (v) clause 10.6(c) (Remedies for breach of Peaking Limits); (vi) clause 11.5 (Operator may refuse to Deliver Overrun Gas); and (vii) clause 22.4(a) (Remedies for the Shipper's default); (b) to the extent that the Operator assesses as a Reasonable and Prudent Person that a reduction in Gas Transmission Capacity is required and decides to refuse to Receive Gas, by reason of, or in response to a reduction in Gas Transmission Capacity caused by the negligence, breach of contractual term or other misconduct of the Shipper; (c) to the extent that the Operator is relieved from so doing under clause 19 (Force Majeure); (d) to the extent that the Operator considers as a Reasonable and Prudent Person that it would be unsafe to Deliver that Gas or that such Delivery may exceed the Total Current Physical Capacity of the relevant Outlet Point; (e) to the extent that the Shipper has not entered into any agreement in relation to that Outlet Point required by clause 6.13; and (f) to the extent that the Delivery of that Gas for a Gas Day at an Outlet Point is in excess of the aggregate of all the Shipper’s Contracted Capacity in respect of that Outlet Point for that Gas Day, if the Operator considers as a Reasonable and Prudent Person, that to Deliver such Gas would interfere with other shippers' rights to their Contracted Firm Capacity at the relevant Outlet Point.

Operator may refuse to Deliver Gas. In addition to any other rights and remedies that may be available to it under this Contract or under any Law, the Operator may refuse to Deliver Gas to the Shipper at an Outlet Point in all or any of the following cases: (a) to the extent that the Operator is entitled to refuse to Deliver Gas under all or any of: (i) clause 7.6 (Operator and Shipper may refuse to Receive Out-of- Specification Gas); (ii) clause 9.5(b) (Accumulated Imbalance Limit); (iii) clause 9.8(c9.8(b)9.8(c) (Remedies for breach of imbalance limit); (iv) clause 10.3(a)(iv) (Consequences of exceeding Hourly Peaking Limit); (v) clause 10.6(c) (Remedies for breach of Peaking Limits); (vi) clause 11.5 (Operator may refuse to Deliver Overrun Gas); and (vii) clause 22.4(a) (Remedies for the Shipper's default); (b) to the extent that the Operator assesses as a Reasonable and Prudent Person that a reduction in Gas Transmission Capacity is required and decides to refuse to Receive Gas, by reason of, or in response to a reduction in Gas Transmission Capacity caused by the default, negligence, breach of contractual term or other misconduct of the Shipper; (c) to the extent that the Operator is relieved from so doing under clause 19 (Force Majeure); (d) to the extent that the Operator considers as a Reasonable and Prudent Person that it would be unsafe to Deliver that Gas or that such Delivery may exceed the Total Current Physical Capacity of the relevant Outlet Point; (e) to the extent that the Shipper has not entered into any agreement in relation to that Outlet Point required by clause 6.13; and (f) to the extent that the Delivery of that Gas for a Gas Day at an Outlet Point is in excess of the aggregate of all the Shipper’s Contracted Capacity in respect of that Outlet Point for that Gas Day, if the Operator considers as a Reasonable and Prudent Person, that to Deliver such Gas would interfere with other shippers' rights to their Contracted Firm Capacity at the relevant Outlet Point.

Operator may refuse to Deliver Gas. In addition to any other rights and remedies that may be available to it under this Contract or under any Law, the Operator may refuse to Deliver Gas to the Shipper at an Outlet Point in all or any of the following cases: (a) to the extent that the Operator is entitled to refuse to Deliver Gas under all or any of: (i) clause 7.6 (Operator and Shipper may refuse to Receive Out-of- Specification Gas);; 2021 - 2025 Access Arrangement for the DBNGP 31 (ii) clause 9.5(b) (Accumulated Imbalance Limit); (iii) clause 9.8(c) (Remedies for breach of imbalance limit); (iv) clause 10.3(a)(iv) (Consequences of exceeding Hourly Peaking Limit); (v) clause 10.6(c) (Remedies for breach of Peaking Limits); (vi) clause 11.5 (Operator may refuse to Deliver Overrun Gas); and (vii) clause 22.4(a) (Remedies for the Shipper's default); (b) to the extent that the Operator assesses as a Reasonable and Prudent Person that a reduction in Gas Transmission Capacity is required and decides to refuse to Receive Gas, by reason of, or in response to a reduction in Gas Transmission Capacity caused by the negligence, breach of contractual term or other misconduct of the Shipper; (c) to the extent that the Operator is relieved from so doing under clause 19 (Force Majeure); (d) to the extent that the Operator considers as a Reasonable and Prudent Person that it would be unsafe to Deliver that Gas or that such Delivery may exceed the Total Current Physical Capacity of the relevant Outlet Point; (e) to the extent that the Shipper has not entered into any agreement in relation to that Outlet Point required by clause 6.13; and (f) to the extent that the Delivery of that Gas for a Gas Day at an Outlet Point is in excess of the aggregate of all the Shipper’s Contracted Capacity in respect of that Outlet Point for that Gas Day, if the Operator considers as a Reasonable and Prudent Person, that to Deliver such Gas would interfere with other shippers' rights to their Contracted Firm Capacity at the relevant Outlet Point.

Operator may refuse to Deliver Gas. In addition to any other rights and remedies that may be available to it under this Contract or under any Law, the Operator may refuse to Deliver Gas to the Shipper at an Outlet Point in all or any of the following cases: (a) to the extent that the Operator is entitled to refuse to Deliver Gas under all or any of: (i) clause 7.6 (Operator and Shipper may refuse to Receive Out-of- Specification Gas); (ii) clause 9.5(b) (Accumulated Imbalance Limit); (iii) clause 9.8(c9.8(c)9.8(c)9.7(b) (Remedies for breach of imbalance limit); (iv) clause 10.3(a)(iv10.3(a)(iv)10.3(a)(ii) (Consequences of exceeding Hourly Peaking Limit); (v) clause 10.6(c) (Remedies for breach of Peaking Limits); (vi) clause 11.5 (Operator may refuse to Deliver Overrun Gas); and (vii) clause 22.4(a) (Remedies for the Shipper's default); (b) to the extent that the Operator assesses as a Reasonable and Prudent Person that a reduction in Gas Transmission Capacity is required and decides to refuse to Receive Gas, by reason of, or in response to a reduction in Gas Transmission Capacity caused by the negligence, breach of contractual term or other misconduct of the Shipper; (c) to the extent that the Operator is relieved from so doing under clause 19 (Force Majeure); (d) to the extent that the Operator considers as a Reasonable and Prudent Person that it would be unsafe to Deliver that Gas or that such Delivery may exceed the Total Current Physical Capacity of the relevant Outlet Point;; and (e) to the extent that the Shipper has not entered into any agreement in relation to that Outlet Point required by clause 6.13; and (f) to the extent that the Delivery of that Gas for a Gas Day at an Outlet Point is in excess of the aggregate of all the Shipper’s Contracted Capacity in respect of that Outlet Point for that Gas Day, if the Operator considers as a Reasonable and Prudent Person, that to Deliver such Gas would interfere with other shippers' rights to their Contracted Firm Capacity at the relevant Outlet Point.