Common use of Pair of Applicable Codes at DPA shared with other gas sale and purchase agreements Clause in Contracts

Pair of Applicable Codes at DPA shared with other gas sale and purchase agreements. In case, the Parties have in place the same pair of Applicable Codes at DPA for other gas sale and purchase agreements in addition to the Swap Transaction under this Contract (all together with the Swap Transaction under this Contract the “Multi-Contracts at DPA”), the Parties hereby agree: a) to the extent possible at DPA, to Schedule their receipts and deliveries at DPA on an aggregate and net basis considering all such Multi-Contracts at DPA; b) that for the purpose of determining the “net seller of the Multi-Contracts at DPA”, the “net buyer of the Multi-Contracts at DPA” and the “net contract quantity of the Multi-Contracts at DPA”, the provisions of § 4.1(b) of the EFET Agreement regulating “where in respect of any Time Unit there is more than one Individual Contract between the Parties for delivery of Natural Gas at the same Delivery Point” shall be deemed to be applied to all such Multi-Contracts at DPA (where, for this paragraph only, references to Multi-Contracts at DPA shall be deemed to be references to all Individual Contracts); c) that for the purpose of determining the “delivered quantity of the Multi-Contracts at DPA” the provisions of the paragraph 8.2.b) above and of § 6.4 of the EFET Agreement regulating “where there is more than one Individual Contract between the Parties for a Time Unit at the same Delivery Point” shall be deemed to be applied to all such Multi-Contracts at DPA (where, for this paragraph only, references to Multi-Contracts at DPA shall be deemed to be references to all Individual Contracts); d) that the “default quantity of the Multi-Contracts at DPA” shall be equal, in respect of a Time Unit, to the “net contract quantity of the Multi-Contracts at DPA” minus the “delivered quantity of the Multi-Contracts at DPA”; e) that if the “net seller of the Multi-Contracts at DPA” is the Customer then o the “default quantity of the Multi-Contracts at DPA” shall be allocated on a pro-rata basis considering the respective contract quantities of the gas sale and purchase agreements of the Multi-Contracts at DPA for which the Customer is the delivering party (including the Swap Transaction under this Contract) and the Default Quantity at DPA of the Swap Transaction under this Contract, in respect of a Time Unit, shall be calculated accordingly; o the Delivered Quantity at DPA of the Swap Transaction under this Contract, in respect of a Time Unit, shall be equal to the relevant CQ-DPA minus the Default Quantity at DPA of the Swap Transaction under this Contract, as determined under the 1st paragraph of this Article 8.2.e); f) that if the “net seller of the Multi-Contracts at DPA” is the Logistic Swap Provider or if the “net contract quantity of the Multi-Contracts at DPA” is zero (0) then the Delivered Quantity at DPA of the Swap Transaction under this Contract, in respect of a Time Unit, is deemed to be equal to the relevant CQ-DPA and no Default Quantity at DPA of the Swap Transaction under this Contract is deemed to have occurred. For the sake of clarity the provisions of this Article 8.2 concerning the Multi-Contracts at DPA serve only to determine the Default Quantity (if any) and the Delivered Quantity at DPA of the Swap Transaction under this Contract, where there are more receipts and deliveries at DPA with the same pair of Applicable Codes but regulated under different gas sale and purchase agreements. In case of Multi- Contracts at DPA, § 8.5(c), § 8.5(d); § 13.4, § 13.7 of the EFET Agreement shall only apply to i) the Default Quantity at DPA (if any) of the Swap Transaction under this Contract, and ii) the Delivered Quantity at DPA of the Swap Transaction under this Contract, as both determined under this Article 8.2, but assuming for the purposes of said § 8.5(c), § 8.5(d); § 13.4, § 13.7 there are no Individual Contracts at DPA other than the Swap Transaction under this Contract. For the sake of clarity the Scheduling at PSV shall be carried out without netting or aggregating with the contract quantities of other gas sale and purchase agreements at PSV, unless this is prevented by the operating rules of SRG at PSV, in which case the Parties agree to extend, mutatis mutandis, the provisions of this Article 8.2 to the receipts and deliveries of Natural Gas at PSV as well.

Pair of Applicable Codes at DPA shared with other gas sale and purchase agreements. In case, the Parties have in place the same pair of Applicable Codes at DPA for other gas sale and purchase agreements in addition to the Swap Transaction under this Contract (all together with the Swap Transaction under this Contract the “Multi-Contracts at DPA”), the Parties hereby agree: a) to the extent possible at DPA, to Schedule their receipts and deliveries at DPA on an aggregate and net basis considering all such Multi-Contracts at DPA; b) that for the purpose of determining the “net seller of the Multi-Contracts at DPA”, the “net buyer of the Multi-Contracts at DPA” and the “net contract quantity of the Multi-Contracts at DPA”, the provisions of § 4.1(b) of the EFET Agreement regulating “where in respect of any Time Unit there is more than one Individual Contract between the Parties for delivery of Natural Gas at the same Delivery Point” shall be deemed to be applied to all such Multi-Contracts at DPA (where, for this paragraph only, references to Multi-Contracts at DPA shall be deemed to be references to all Individual Contracts); c) that for the purpose of determining the “delivered quantity of the Multi-Contracts at DPA” the provisions of the paragraph 8.2.b) above and of § 6.4 of the EFET Agreement regulating “where there is more than one Individual Contract between the Parties for a Time Unit at the same Delivery Point” shall be deemed to be applied to all such Multi-Contracts at DPA (where, for this paragraph only, references to Multi-Contracts at DPA shall be deemed to be references to all Individual Contracts); d) that the “default quantity of the Multi-Contracts at DPA” shall be equal, in respect of a Time Unit, to the “net contract quantity of the Multi-Contracts at DPA” minus the “delivered quantity of the Multi-Contracts at DPA”; e) that if the “net seller of the Multi-Contracts at DPA” is the Customer then o the “default quantity of the Multi-Contracts at DPA” shall be allocated on a pro-rata basis considering the respective contract quantities of the gas sale and purchase agreements of the Multi-Contracts at DPA for which the Customer is the delivering party (including the Swap Transaction under this Contract) and the Default Quantity at DPA of the Swap Transaction under this Contract, in respect of a Time Unit, shall be calculated accordingly; o the Delivered Quantity at DPA of the Swap Transaction under this Contract, in respect of a Time Unit, shall be equal to the relevant CQ-DPA minus the Default Quantity at DPA of the Swap Transaction under this Contract, as determined under the 1st paragraph of this Article 8.2.e); f) that if the “net seller of the Multi-Contracts at DPA” is the Logistic Swap Provider or if the “net contract quantity of the Multi-Contracts at DPA” is zero (0) then the Delivered Quantity at DPA of the Swap Transaction under this Contract, in respect of a Time Unit, is deemed to be equal to the relevant CQ-DPA and no Default Quantity at DPA of the Swap Transaction under this Contract is deemed to have occurred. For the sake of clarity the provisions of this Article 8.2 concerning the Multi-Contracts at DPA serve only to determine the Default Quantity (if any) and the Delivered Quantity at DPA of the Swap Transaction under this Contract, where there are more receipts and deliveries at DPA with the same pair of Applicable Codes but regulated under different gas sale and purchase agreements. In case of Multi- Multi-Contracts at DPA, § 8.5(c), § 8.5(d); § 13.4, § 13.7 of the EFET Agreement shall only apply to i) the Default Quantity at DPA (if any) of the Swap Transaction under this Contract, and ii) the Delivered Quantity at DPA of the Swap Transaction under this Contract, as both determined under this Article 8.2, but assuming for the purposes of said § 8.5(c), § 8.5(d); § 13.4, § 13.7 there are no Individual Contracts at DPA other than the Swap Transaction under this Contract. For the sake of clarity the Scheduling at PSV shall be carried out without netting or aggregating with the contract quantities of other gas sale and purchase agreements at PSV, unless this is prevented by the operating rules of SRG at PSV, in which case the Parties agree to extend, mutatis mutandis, the provisions of this Article 8.2 to the receipts and deliveries of Natural Gas at PSV as well.