Common use of Replacement Gas Clause in Contracts

Replacement Gas. (a) In this clause: (i) LG Period means a period of time over which an LG Quantity is calculated being a period of not less than 12 Calendar Months; (ii) LG Quantity means the Quantity of Gas that is calculated as follows: (A) the aggregate of the measured Quantities of Gas received into the Network at all Receipt Points; less (B) the aggregate of the measured Quantities of Gas Delivered on behalf of all Network Users to Delivery Points; less (C) any increase (or plus any decrease) in linepack in the Network (as determined by Evoenergy acting reasonably), over an LG Period, as calculated at least 6 Calendar Months after end of that LG Period. (b) Not used. (c) Evoenergy will calculate an LG Quantity on the basis of the available data at the time. (d) Evoenergy may update the LG Quantity at any time to reflect updated data for an LG Period. However, Evoenergy is not obliged to recalculate the LG Quantity for a LG Period once 12 months have elapsed since the end of that LG Period. (e) Evoenergy will procure Replacement Gas equal to: (i) Evoenergy’s forward estimate of the LG Quantity for an LG Period; less (ii) the difference between the Quantities of Replacement Gas Evoenergy has previously procured for any earlier LG Period and the LG Quantity for that LG Period. (f) Evoenergy will procure Replacement Gas on a commercial basis determined by Evoenergy, acting reasonably, which may include (without limitation) any one or a combination of the following: (i) utilising a competitive open tender for the supply and/or haulage of Gas over any period, as reasonably determined by Evoenergy; and (ii) Evoenergy itself producing Replacement Gas, or Procuring Replacement Gas from a Related Body Corporate. (g) Evoenergy will recover all costs of procuring Replacement Gas through the Reference Tariffs in accordance with the provisions of the Access Arrangement, provided that if clause 9.5(f)(ii) applies, the costs will be no greater than the costs which would have applied if Evoenergy had procured the Replacement Gas from a third party. (h) Notwithstanding any other provision of this Agreement, Evoenergy’s obligation under this Agreement to purchase a Quantity of Replacement Gas is subject to and only applies to the extent that Evoenergy has timely access to verified and sufficiently accurate data at each Receipt Point to be able to calculate the LG Quantity.

Appears in 4 contracts

Samples: Reference Service Agreement, Reference Service Agreement, Reference Service Agreement

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Replacement Gas. (a) In this clause: (i) LG Period means a period of time over which an LG Quantity is calculated calculated, being a period of not less than 12 Calendar Months; (ii) LG Quantity means the Quantity of Gas that is calculated as follows: (A) the aggregate of the measured Quantities of Gas received into the Network at all Receipt Points; less (B) the aggregate of the measured Quantities of Gas Delivered on behalf of all Network Users to Delivery Points; less (C) any increase (or plus any decrease) in linepack in the Network (as determined by Evoenergy JGN, acting reasonably), over an LG Period, as calculated at least 6 Calendar Months after the end of that LG Period.; (b) Not used. (c) Evoenergy JGN will calculate an LG Quantity on the basis of the available data at the time. (dc) Evoenergy JGN may update the LG Quantity at any time to reflect updated data for an LG Period. However, Evoenergy JGN is not obliged to recalculate the LG Quantity for a LG Period once 12 months have elapsed since the end of that LG Period. (ed) Evoenergy JGN will procure Replacement Gas equal to: (i) EvoenergyJGN’s forward estimate of the LG Quantity for an LG Period; less (ii) the difference between the Quantities of Replacement Gas Evoenergy JGN has previously procured for any earlier LG Period and the LG Quantity for that LG Period. (fe) Evoenergy JGN will procure Replacement Gas on a commercial basis determined by Evoenergy, JGN acting reasonably, which may include (without limitation) any one or a combination of the following: (i) utilising a competitive open tender for the supply and/or haulage of Gas over any period, as reasonably determined by EvoenergyJGN; (ii) sourcing Gas directly from the Short Term Trading Market; and (iiiii) Evoenergy JGN itself producing Replacement Gas, or Procuring procuring Replacement Gas from a Related Body Corporate. (gf) Evoenergy JGN will recover all costs of procuring Replacement Gas through the Reference Tariffs in accordance with the provisions of the Access Arrangement, provided that if clause 9.5(f)(iiparagraph 7.5(e)(iii) applies, the costs will be no greater than the costs which would have applied if Evoenergy JGN had procured the Replacement Gas from a third party. (hg) Notwithstanding any other provision of this Agreement, EvoenergyJGN’s obligation under this Agreement to purchase a Quantity of Replacement Gas is subject to and only applies to the extent that Evoenergy JGN has timely access to verified and sufficiently accurate data at each Receipt Point to be able to calculate the LG Quantity.

Appears in 1 contract

Samples: Service Agreement

Replacement Gas. (a) In this clause: (i) LG Period means a period of time over which an LG Quantity is calculated being a period of not less than 12 Calendar Months; (ii) LG Quantity means the Quantity of Gas that is calculated as follows: (A) the aggregate of the measured Quantities of Gas received into the Network at all Receipt Points; less (B) the aggregate of the measured Quantities of Gas Delivered on behalf of all Network Users to Delivery Points; less (C) any increase (or plus any decrease) in linepack in the Network (as determined by Evoenergy acting reasonably), over an LG Period, as calculated at least 6 Calendar Months after end of that LG Period. (b) Not used. (c) Evoenergy will calculate an LG Quantity on the basis of the available data at the time. (dc) Evoenergy may update the LG Quantity at any time to reflect updated data for an LG Period. However, Evoenergy is not obliged to recalculate the LG Quantity for a LG Period once 12 months have elapsed since the end of that LG Period. (ed) Evoenergy will procure Replacement Gas equal to: (i) Evoenergy’s forward estimate of the LG Quantity for an LG Period; less (ii) the difference between the Quantities of Replacement Gas Evoenergy has previously procured for any earlier LG Period and the LG Quantity for that LG Period. (fe) Evoenergy will procure Replacement Gas on a commercial basis determined by Evoenergy, acting reasonably, which may include (without limitation) any one or a combination of the following: (i) utilising a competitive open tender for the supply and/or haulage of Gas over any period, as reasonably determined by Evoenergy; and (ii) Evoenergy itself producing Replacement Gas, or Procuring Replacement Gas from a Related Body Corporate. (gf) Evoenergy will recover all costs of procuring Replacement Gas through the Reference Tariffs in accordance with the provisions of the Access Arrangement, provided that if clause 9.5(f)(ii7.5(e)(ii) applies, the costs will be no greater than the costs which would have applied if Evoenergy had procured the Replacement Gas from a third party. (hg) Notwithstanding any other provision of this Agreement, Evoenergy’s obligation under this Agreement to purchase a Quantity of Replacement Gas is subject to and only applies to the extent that Evoenergy has timely access to verified and 8. Gas quality sufficiently accurate data at each Receipt Point to be able to calculate the LG Quantity.

Appears in 1 contract

Samples: Service Agreement

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Replacement Gas. (a) In this clause: (i) LG Period means a period of time over which an LG Quantity is calculated being a period of not less than 12 Calendar Months; (ii) LG Quantity means the Quantity of Gas that is calculated as follows: (A) the aggregate of the measured Quantities of Gas received into the Network at all Receipt Points; less (B) the aggregate of the measured Quantities of Gas Delivered on behalf of all Network Users to Delivery Points; less (C) any increase (or plus any decrease) in linepack in the Network (as determined by Evoenergy acting reasonably), over an LG Period, as calculated at least 6 Calendar Months after end of that LG Period. (b) Not used. (c) Evoenergy will calculate an LG Quantity on the basis of the available data at the time. (d) Evoenergy may update the LG Quantity at any time to reflect updated data for an LG Period. However, Evoenergy is not obliged to recalculate the LG Quantity for a LG Period once 12 months have elapsed since the end of that LG Period. (e) Evoenergy will procure Replacement Gas equal to:to:‌ (i) Evoenergy’s forward estimate of the LG Quantity for an LG Period; less (ii) the difference between the Quantities of Replacement Gas Evoenergy has previously procured for any earlier LG Period and the LG Quantity for that LG Period. (f) Evoenergy will procure Replacement Gas on a commercial basis determined by Evoenergy, acting reasonably, which may include (without limitation) any one or a combination of the following:following:‌ (i) utilising a competitive open tender for the supply and/or haulage of Gas over any period, as reasonably determined by Evoenergy; and (ii) Evoenergy itself producing Replacement Gas, or Procuring Replacement Gas from a Related Body Corporate.Corporate.‌ (g) Evoenergy will recover all costs of procuring Replacement Gas through the Reference Tariffs in accordance with the provisions of the Access Arrangement, provided that if clause 9.5(f)(ii) applies, the costs will be no greater than the costs which would have applied if Evoenergy had procured the Replacement Gas from a third party. (h) Notwithstanding any other provision of this Agreement, Evoenergy’s obligation under this Agreement to purchase a Quantity of Replacement Gas is subject to and only applies to the extent that Evoenergy has timely access to verified and sufficiently accurate data at each Receipt Point to be able to calculate the LG Quantity.

Appears in 1 contract

Samples: Reference Service Agreement

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