Common use of Remedies for breach of peaking limits Clause in Contracts

Remedies for breach of peaking limits. The Operator must not exercise any rights or remedies against the Shipper for exceeding an Hourly Peaking Limit, other than: (a) for breach of clause 10.2 or 10.3(a)(iii) limited to the recovery of Direct Damages in accordance with clause 23 and the Shipper's liability to the Operator for Direct Damages suffered by the Operator which is caused by or arises out of the Shipper's failure to comply with clause 10.3(a)(iii) is reduced by any Hourly Peaking Charge or Hourly Peaking Charges paid by the Shipper in respect of that failure; (b) to recover the Hourly Peaking Charge or Hourly Peaking Charges where permissible by and in accordance with this clause 10; (c) to refuse to Deliver Gas to the Shipper at an Outlet Point (in accordance with clause 10.3(a)(iv)); or (d) any combination of clauses 10.6(a), 10.6(b) and 10.6(c). The Parties agree that, because the rights and remedies set out in this clause 10.6 apply across all of the Shipper's Capacity Services, when in a particular circumstance, the Operator exercises a right or pursues a remedy under this clause 10.6, the Operator must not exercise the equivalent right or remedy under another contract for Capacity Service or in relation to another Capacity Service in relation to the same circumstance.

Remedies for breach of peaking limits. The Operator must not exercise any rights or remedies against the Shipper for exceeding an Hourly Peaking Limit, other than: (a) for breach of clause 10.2 or 10.3(a)(iii10.310.3(a)(iii) limited to the recovery of Direct Damages in accordance with clause 23 and the Shipper's liability to the Operator for Direct Damages suffered by the Operator which is caused by or arises out of the Shipper's failure to comply with clause 10.3(a)(iii10.310.3(a)(iii) is reduced by any Hourly Peaking Charge or Hourly Peaking Charges paid by the Shipper in respect of that failure; (b) to recover the Hourly Peaking Charge or Hourly Peaking Charges where permissible by and in accordance with this clause 10; (c) to refuse to Deliver Gas to the Shipper at an Outlet Point (in accordance with clause 10.3(a)(iv10.310.3(a)(iv)); or (d) any combination of clauses 10.6(a), 10.6(b) and 10.6(c). The Parties agree that, because the rights and remedies set out in this clause 10.6 apply across all of the Shipper's Capacity Services, when in a particular circumstance, the Operator exercises a right or pursues a remedy under this clause 10.6, the Operator must not exercise the equivalent right or remedy under another contract for Capacity Service or in relation to another Capacity Service in relation to the same circumstance.

Remedies for breach of peaking limits. The Operator must not exercise any rights or remedies against the Shipper for exceeding an Hourly Peaking Limit, other than: (a) for breach of clause 10.2 or 10.3(a)(iii) limited to the recovery of Direct Damages in accordance with clause 23 and the Shipper's liability to the Operator for Direct Damages suffered by the Operator which is caused by or arises out of the Shipper's failure to comply with clause 10.3(a)(iii) is reduced by any Hourly Peaking Charge or Hourly Peaking Charges paid by the Shipper in respect of that failure; (b) to recover the Hourly Peaking Charge or Hourly Peaking Charges where permissible by and in accordance with this clause 10; (c) to refuse to Deliver Gas to the Shipper at an Outlet Point (in accordance with clause 10.3(a)(iv)); or (d) any combination of clauses 10.6(a), 10.6(b) and 10.6(c). The Parties agree that, because the rights and remedies set out in this clause 10.6 apply across all of the Shipper's Capacity Services, when in a particular circumstance, the Operator exercises a right or pursues a remedy under this clause 10.6, the Operator must not exercise the equivalent right or remedy under another contract for Capacity Service or in relation to another Capacity Service in relation to the same circumstance.. 2021 - 2025 Access Arrangement for the DBNGP 67

Remedies for breach of peaking limits. The Operator must not exercise any rights or remedies against the Shipper for exceeding an Hourly Peaking Limit, other than: (a) for breach of clause 10.2 or 10.3(a)(iii10.310.3(a)(iii)10.3(a)(iii)(a)(iii) limited to the recovery of Direct Damages in accordance with clause 23 and the Shipper's liability to the Operator for Direct Damages suffered by the Operator which is caused by or arises out of the Shipper's failure to comply with clause 10.3(a)(iii10.310.3(a)(iii)10.3(a)(iii)(a)(iii) is reduced by any Hourly Peaking Charge or Hourly Peaking Charges paid by the Shipper in respect of that failure; (b) to recover the Hourly Peaking Charge or Hourly Peaking Charges where permissible by and in accordance with this clause 10; (c) to refuse to Deliver Gas to the Shipper at an Outlet Point (in accordance with clause 10.3(a)(iv10.310.3(a)(iv)10.3(a)(iv)(a)(iv)); or (d) any combination of clauses 10.6(a), 10.6(b) and 10.6(c). The Parties agree that, because the rights and remedies set out in this clause 10.6 apply across all of the Shipper's Capacity Services, when in a particular circumstance, the Operator exercises a right or pursues a remedy under this clause 10.6, the Operator must not exercise the equivalent right or remedy under another contract for Capacity Service or in relation to another Capacity Service in relation to the same circumstance.