Common use of Procedure for amendments proposed by [ARP] in relation to Band Supplies Clause in Contracts

Procedure for amendments proposed by [ARP] in relation to Band Supplies. In the specific case of the reduction by Xxxx, in accordance with Articles 13.1 and/or 13.2, of an Import for Day D by [ARP], and in a case where [ARP] is the Access Responsible Party responsible for the Band Supply at one or more Access Points, [ARP] is authorised to propose the amendment of one or more Nominations already accepted by Xxxx for Day D relating to the Band Supply, provided the following conditions are fulfilled: a) [ARP] informs Xxxx of his proposal to amend a Nomination in accordance with Appendix 6 to the Contract, and before 2 p.m. on Day D+1; b) the proposed Nomination amendments must be in accordance with the provisions of Article 12.2.1 of the Contract (except as regards the deadline for submitting Nominations); c) the amendment request is confirmed by the Grid User at the Access Point concerned by the same deadline indicated in point a). Moreover, for each quarter-hour concerned in the amendment: d) the Nomination amendment may not involve an Access Point whose interruptibility is activated by Xxxx in relation to an load-shedding contract; e) the sum of the reductions between the Band Supply Nominations accepted on Day D-1 and the Band Supply Nominations submitted on Day D+1 by [ARP] is at most equal to the sum of the reductions applied by Xxxx to [ARP]’s Import Nominations; f) the sum of the reductions proposed by all the Access Responsible Parties responsible for a Band Supply at an Access Point between the Band Supply Nominations accepted on Day D-1 and the Band Supply Nominations submitted on Day D+1 may not exceed the actual decrease in Off-take at the Access Point. Xxxx may refuse any Nomination amendment that does not fulfil these conditions, whose coherence in particular Xxxx will verify on the basis of: i. the actual Off-take profile of the Grid User at the Access Point concerned on Day D; ii. the actual Off-take profile of the Grid User at the Access Point concerned observed on the days preceding Day D; iii. the sum of the Nominations submitted by the Access Responsible Parties at the Access Point concerned for Day D, as accepted by Xxxx on D-1. Xxxx will assess the proposed Nomination amendments in accordance with the principles specified above and in Article 12.3 of the Contract. Xxxx will inform [ARP] as soon as possible of its motivated decision to accept or refuse amendments. Acceptance or refusal by Xxxx of such Nomination amendments is based on a test of "reasonableness" carried out in relation to the means listed above, which does not imply any approval by Xxxx of those means and in no way modifies [ARP]'s obligations under the Contract. Notwithstanding the proposed Nomination amendments, Xxxx reserves the right to suspend, fully or partially, the Nominations for Day D in accordance with article 217(1) of the Grid Code for Transmission. These new Nominations, if they are accepted by Xxxx, will replace the Nominations submitted in accordance with Article 12.2.1 of the Contract. Pursuant to article 151(2) of the Grid Code for Transmission, [ARP] is required to comply with the following suspensive conditions: a) [ARP] shall provide evidence of the financial guarantees laid down in Article 17 of the Contract; b) [ARP] shall provide evidence of the availability and preservation of the necessary and sufficient means required, using his own resources or in any other way, to guarantee 24- Hours-a-day operations, in accordance with the Grid Code for Transmission.

Appears in 2 contracts

Samples: Access Responsible Party Contract, Access Responsible Party Contract

AutoNDA by SimpleDocs

Procedure for amendments proposed by [ARP] in relation to Band Supplies. In the specific case of the reduction by Xxxx, in accordance with Articles 13.1 and/or 13.2, of an Import for Day D by [ARP], and in a case where [ARP] is the Access Responsible Party responsible for the Band Supply at one or more Access Points, [ARP] is authorised to propose the amendment of one or more Nominations already accepted by Xxxx for Day D relating to the Band Supply, provided the following conditions are fulfilled: a) [ARPXXX] informs Xxxx of his proposal to amend a Nomination in accordance with Appendix 6 to the Contract, and before 2 p.m. on Day D+1; b) the proposed Nomination amendments must be in accordance with the provisions of Article 12.2.1 of the Contract (except as regards the deadline for submitting Nominations); c) the amendment request is confirmed by the Grid User at the Access Point concerned by the same deadline indicated in point a). Moreover, for each quarter-hour concerned in the amendment: d) the Nomination amendment may not involve an Access Point whose interruptibility is activated by Xxxx in relation to an load-shedding contract; e) the sum of the reductions between the Band Supply Nominations accepted on Day D-1 and the Band Supply Nominations submitted on Day D+1 by [ARP] is at most equal to the sum of the reductions applied by Xxxx to [ARP]’s Import Nominations; f) the sum of the reductions proposed by all the Access Responsible Parties responsible for a Band Supply at an Access Point between the Band Supply Nominations accepted on Day D-1 and the Band Supply Nominations submitted on Day D+1 may not exceed the actual decrease in Off-take at the Access Point. Xxxx may refuse any Nomination amendment that does not fulfil these conditions, whose coherence in particular Xxxx will verify on the basis of: i. the actual Off-take profile of the Grid User at the Access Point concerned on Day D; ii. the actual Off-take profile of the Grid User at the Access Point concerned observed on the days preceding Day D; iii. the sum of the Nominations submitted by the Access Responsible Parties at the Access Point concerned for Day D, as accepted by Xxxx on D-1. Xxxx will assess the proposed Nomination amendments in accordance with the principles specified above and in Article 12.3 of the Contract. Xxxx will inform [ARPXXX] as soon as possible of its motivated decision to accept or refuse amendments. Acceptance or refusal by Xxxx of such Nomination amendments is based on a test of "reasonableness" carried out in relation to the means listed above, which does not imply any approval by Xxxx of those means and in no way modifies [ARP]'s obligations under the Contract. Notwithstanding the proposed Nomination amendments, Xxxx reserves the right to suspend, fully or partially, the Nominations for Day D in accordance with article 217(1) of the Grid Code for Transmission. These new Nominations, if they are accepted by Xxxx, will replace the Nominations submitted in accordance with Article 12.2.1 of the Contract. Pursuant to article 151(2) of the Grid Code for Transmission, [ARP] is required to comply with the following suspensive conditions: a) [ARP] shall provide evidence of the financial guarantees laid down in Article 17 of the Contract; b) [ARP] shall provide evidence of the availability and preservation of the necessary and sufficient means required, using his own resources or in any other way, to guarantee 24- Hours-a-day operations, in accordance with the Grid Code for Transmission.

Appears in 1 contract

Samples: Access Responsible Party Contract

AutoNDA by SimpleDocs

Procedure for amendments proposed by [ARP] in relation to Band Supplies. In the specific case of the reduction by Xxxx, in accordance with Articles 13.1 and/or 13.2, of an Import for Day D by [ARP], and in a case where [ARP] ARP is the Access Responsible Party responsible for the Band Supply at one or more Access Points, [ARP] ARP is authorised to propose the amendment of one or more Nominations already accepted by Xxxx for Day D relating to the Band Supply, provided the following conditions are fulfilled: a) [ARP] ARP informs Xxxx of his its proposal to amend a Nomination in accordance with Appendix 6 to the Contract, and before 2 p.m. on Day D+1; b) the proposed Nomination amendments must be in accordance with the provisions of ArticleArticle 12. 12.2.1 2.1 of the Contract (except as regards the deadline for submitting Nominations); c) the amendment request is confirmed by the Grid User at the Access Point concerned by the same deadline indicated in point a). ; Moreover, for each quarter-hour concerned in affected by the amendment: d) the Nomination amendment may not involve an Access Point whose interruptibility is activated by Xxxx in relation to an load-shedding contract; e) the sum of the reductions between the Band Supply Nominations accepted on Day D-1 and the Band Supply Nominations submitted on Day D+1 by [ARP] ARP is at most equal to the sum of the reductions applied by Xxxx to [ARP]’s Import Nominations; fe) the sum of the reductions proposed by all the Access Responsible Parties responsible for a Band Supply at an Access Point between the Band Supply Nominations accepted on Day D-1 and the Band Supply Nominations submitted on Day D+1 may not exceed the actual decrease in Off-take at the Access Point. Xxxx may refuse any Nomination amendment that does not fulfil these conditions. In particular, whose coherence in particular Xxxx will verify on the basis ofcoherence of the Nomination based on: i. the actual Off-take profile of the Grid User at the Access Point concerned on Day D; ; ii. the actual Off-take profile of the Grid User at the Access Point concerned observed on the days preceding Day D; iii. the sum of the Nominations submitted by the Access Responsible Parties at the Access Point concerned for Day D, as accepted by Xxxx on D-1. Xxxx will assess the proposed Nomination amendments in accordance with the principles specified above and in Article 12.3 of the Contract. Xxxx will inform [ARP] as soon as possible of its motivated decision to accept or refuse amendments. Acceptance or refusal by Xxxx of such Nomination amendments is based on a test of "reasonableness" carried out in relation to the means listed above, which does not imply any approval by Xxxx of those means and in no way modifies [ARP]'s obligations under the Contract. Notwithstanding the proposed Nomination amendments, Xxxx reserves the right to suspend, fully or partially, the Nominations for Day D in accordance with article 217(1) of the Grid Code for Transmission. These new Nominations, if they are accepted by Xxxx, will replace the Nominations submitted in accordance with Article 12.2.1 of the Contract. Pursuant to article 151(2) of the Grid Code for Transmission, [ARP] is required to comply with the following suspensive conditions: a) [ARP] shall provide evidence of the financial guarantees laid down in Article 17 of the Contract; b) [ARP] shall provide evidence of the availability and preservation of the necessary and sufficient means required, using his own resources or in any other way, to guarantee 24- Hours-a-day operations, in accordance with the Grid Code for Transmission.

Appears in 1 contract

Samples: Access Responsible Party Contract

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!