Permitted Curtailment. (a) If the Service Provider Curtails all or any part of the Nitrogen Removal Services, in the following events or circumstances: (i) if a Force Majeure Event affects the Service Provider's ability to provide the Nitrogen Removal Services in accordance with clause 14; (ii) Third Party Works; (iii) in an emergency; (iv) for maintenance (other than a NRSA Shutdown); (v) in order to comply with any Applicable Laws or codes or guidelines of any Authority; (vi) at the direction of an Authority; (vii) in order to protect life or property; (viii) a NRSA Shutdown; or (ix) if the Service Provider suspends (wholly or partly) receipt of Gas at the NRSA Receipt Point due to the Customer delivering Off- Specification Gas to the NRSA Receipt Point, and: (x) the Service Provider has complied with clause 15.2; (xi) for the purposes of clauses 15.1(a)(iii), 15.1(a)(v), 15.1(a)(vi) and 15.1(a)(vii), the requirement to comply with any Applicable Law, or prevent or xxxxx any emergency situation, or comply with the direction of an Authority, or to protect life or property, did not arise as a result of any Wilful Misconduct of, or breach of this agreement by, the Service Provider; and (xii) the Service Provider has acted in accordance with Good Industry Practice, then the Service Provider will not be liable to the Customer (and the Customer must not make any Claim) for or arising out of, or in connection with, any Curtailment to the Nitrogen Removal Services as a result of the events or circumstances set out in clause 15.1(a). (b) A Curtailment that is permitted by clause 15.1(a) is a Permitted Curtailment. (c) Despite clause 15.1(a), any Curtailment of the Nitrogen Removal Services which has arisen from or has been caused by a curtailment of the transportation services under the GTA is a Permitted Curtailment. (d) NRSA Shutdowns occur at the timeframes as required by Applicable Laws. (e) The Service Provider will use reasonable endeavours to minimise the duration of Curtailments associated with any Third Party Works, maintenance or a NRSA Shutdown including by co-ordinating the Third Party Works, maintenance or NRSA Shutdowns to the Customer’s Shutdowns where possible.
Appears in 2 contracts
Samples: Nitrogen Removal Services Agreement, Nitrogen Removal Services Agreement
Permitted Curtailment. (a) If the Service Provider Transporter Curtails all or any part of the Nitrogen Removal Services, in the following events or circumstances:
(i) if a Force Majeure Event affects the Service ProviderTransporter's ability to provide the Nitrogen Removal Services in accordance with clause 1415;
(ii) Third Party Works;
(iii) in an emergency;
(iv) for planned maintenance (other than a NRSA ShutdownCompressor Maintenance Event);
(v) in order to comply with any Applicable Laws or codes or guidelines of any AuthorityLaw;
(vi) at the direction of an Authority;
(vii) in order to protect life or property;
(viii) a NRSA ShutdownCompressor Maintenance Event; or
(ix) if the Service Provider Transporter suspends (wholly or partly) receipt of Gas at the NRSA Receipt Point due to the Customer Shipper delivering Off- Off-Specification Gas to the NRSA such Receipt Point, and:
(x) the Service Provider Transporter has complied with clause 15.216.2;
(xi) for the purposes of clauses 15.1(a)(iii16.1(a)(iii), 15.1(a)(v16.1(a)(v), 15.1(a)(vi16.1(a)(vi) and 15.1(a)(vii16.1(a)(vii), the requirement to comply with any Applicable Law, or prevent or xxxxx any emergency situation, or comply with the direction of an Authority, or to protect life or property, did not arise as a result of any Wilful Misconduct of, or breach of this agreement by, the Service ProviderTransporter; and
(xii) the Service Provider Transporter has acted in accordance with Good Industry Practice, then the Service Provider Transporter will not be liable to the Customer Shipper (and the Customer Shipper must not make any Claim) for or arising out of, or in connection with, any Curtailment to the Nitrogen Removal Services as a result of the events or circumstances set out in clause 15.1(a16.1(a).
(b) A Curtailment that is permitted by clause 15.1(a16.1(a) is a Permitted Curtailment.
(c) Despite clause 15.1(a16.1(a), any Curtailment of the Nitrogen Removal Services which has arisen from or has been caused by a curtailment of the transportation services Nitrogen Removal Services under the GTA NRSA is a Permitted Curtailment.
(d) NRSA Shutdowns occur at the timeframes as required by Applicable Laws.
(e) The Service Provider Transporter will use reasonable endeavours to minimise the duration of Curtailments associated with any Third Party Works, maintenance or a NRSA Shutdown Compressor Maintenance Event including by co-ordinating the Third Party Works, maintenance or NRSA Shutdowns Compressor Maintenance Event to the Customer’s Shutdowns where possible.
Appears in 2 contracts
Samples: Gas Transportation Agreement, Gas Transportation Agreement
Permitted Curtailment. (a) If the Service Provider Curtails all or any part of the Nitrogen Removal Services, in the following events or circumstances:
(i) if a Force Majeure Event affects the Service Provider's ability to provide the Nitrogen Removal Services in accordance with clause 14;
(ii) Third Party Works;
(iii) in an emergency;
(iv) for planned and unplanned maintenance (other than a NRSA Shutdown);
(v) in order to comply with any Applicable Laws or codes or guidelines of any Authority;
(vi) at the direction of an Authority;
(vii) in order to protect life or property;
(viii) a NRSA Shutdown; or
(ix) if the Service Provider suspends (wholly or partly) receipt of Gas at the NRSA Receipt Point due to the Customer delivering Off- Specification Gas to the NRSA Receipt Point, and:
(x) the Service Provider has complied with clause 15.2;
(xi) for the purposes of clauses 15.1(a)(iii), 15.1(a)(v), 15.1(a)(vi) and 15.1(a)(vii), the requirement to comply with any Applicable Law, or prevent or xxxxx any emergency situation, or comply with the direction of an Authority, or to protect life or property, did not arise as a result of any Wilful Misconduct of, or breach of this agreement by, the Service Provider; and
(xii) the Service Provider has acted in accordance with Good Industry Practice, then the Service Provider will not be liable to the Customer (and the Customer must not make any Claim) for or arising out of, or in connection with, any Curtailment to the Nitrogen Removal Services as a result of the events or circumstances set out in clause 15.1(a).
(b) A Curtailment that is permitted by clause 15.1(a) is a Permitted Curtailment.
(c) Despite clause 15.1(a), any Curtailment of the Nitrogen Removal Services which has arisen from or has been caused by a curtailment of the transportation services under the GTA is a Permitted Curtailment.
(d) NRSA Shutdowns occur at the timeframes as required by Applicable Laws.
(e) The Service Provider will use reasonable endeavours to minimise the duration of Curtailments associated with any Third Party Works, maintenance or a NRSA Shutdown including by co-ordinating the Third Party Works, maintenance or NRSA Shutdowns to the Customer’s Shutdowns where possible.
Appears in 1 contract
Samples: Nitrogen Removal Services Agreement
Permitted Curtailment. (a) If the Service Provider Transporter Curtails all or any part of the Nitrogen Removal Services, Services in the following events or circumstances:
(i) if a Force Majeure Event affects the Service ProviderTransporter's ability to provide the Nitrogen Removal Services in accordance with clause 1415;
(ii) Third Party Works;
(iii) in an emergency;
(iv) for planned and unplanned maintenance (other than a NRSA ShutdownCompressor Maintenance Event);
(v) in order to comply with any Applicable Laws or codes or guidelines of any AuthorityLaw;
(vi) at the direction of an Authority;
(vii) in order to protect life or property;
(viii) a NRSA ShutdownCompressor Maintenance Event; or
(ix) if the Service Provider Transporter suspends (wholly or partly) receipt of Gas at the NRSA Receipt Point due to the Customer Shipper delivering Off- Off-Specification Gas to the NRSA such Receipt Point, and:
(x) the Service Provider Transporter has complied with clause 15.216.2;
(xi) for the purposes of clauses 15.1(a)(iii16.1(a)(iii), 15.1(a)(v16.1(a)(v), 15.1(a)(vi16.1(a)(vi) and 15.1(a)(vii16.1(a)(vii), the requirement to comply with any Applicable Law, or prevent or xxxxx any emergency situation, or comply with the direction of an Authority, or to protect life or property, did not arise as a result of any Wilful Misconduct of, or breach of this agreement by, the Service ProviderTransporter; and
(xii) the Service Provider Transporter has acted in accordance with Good Industry Practice, then the Service Provider Transporter will not be liable to the Customer Shipper (and the Customer Shipper must not make any Claim) for or arising out of, or in connection with, any Curtailment to the Nitrogen Removal Services as a result of the events or circumstances set out in clause 15.1(a16.1(a).
(b) A Curtailment that is permitted by clause 15.1(a16.1(a) is a Permitted Curtailment.
(c) Despite clause 15.1(a16.1(a), any Curtailment of the Nitrogen Removal Services which has arisen from or has been caused by a curtailment of the transportation services Nitrogen Removal Services under the GTA NRSA is a Permitted Curtailment.
(d) NRSA Shutdowns occur at the timeframes as required by Applicable Laws.
(e) The Service Provider Transporter will use reasonable endeavours to minimise the duration of Curtailments associated with any Third Party Works, maintenance or a NRSA Shutdown Compressor Maintenance Event including by co-ordinating the Third Party Works, maintenance or NRSA Shutdowns Compressor Maintenance Event to the Customer’s Shutdowns where possible.
Appears in 1 contract
Samples: Gas Transportation Agreement