Rights of the Buyer. If Natural Gas to be delivered or being delivered at the Delivery Point is Off- Spec Gas and if the Physical Downstream Transporter has refused to take delivery of such Off-Spec Gas, the Buyer will, promptly following its receipt of notice of such refusal from the Physical Downstream Transporter, give notice to the Seller by telephone or in writing stating that it does not wish to take delivery of quantities of Natural Gas until the non-conformity with the Transportation Requirements has been remedied, and the Buyer shall not be in breach of any of its obligations by reason thereof. For the avoidance of doubt, the Buyer shall be obligated to take delivery of Off-Spec Gas if the Physical Downstream Transporter is willing to accept delivery of such Off-Spec Gas from the Buyer; provided, however, that in the event the Physical Downstream Transporter subsequently refuses to accept delivery of Off-Spec Gas it had previously agreed to accept from the Buyer or if Buyer is charged with any additional costs as a result of delivering the Off-Spec Gas to the Physical Downstream Transporter, then the Seller shall indemnify the Buyer in accordance with the terms of §8a.5 hereof. Any notice given pursuant to § 8a.3 by telephone shall be confirmed in writing as soon as reasonably practicable.
Appears in 3 contracts
Samples: General Agreement, General Agreement, General Agreement
Rights of the Buyer. If Natural Gas to be delivered or being delivered at the Delivery Point is Off- Off-Spec Gas and if the Physical Downstream Transporter has refused to take delivery of such Off-Spec Gas, the Buyer will, promptly following its receipt of notice of such refusal from the Physical Downstream Transporter, give notice to the Seller by telephone or in writing stating that it does not wish to take delivery of quantities of Natural Gas until the non-non- conformity with the Transportation Requirements has been remedied, and the Buyer shall not be in breach of any of its obligations by reason thereof. For the avoidance of doubt, the Buyer shall be obligated to take delivery of Off-Spec Gas if the Physical Downstream Transporter is willing to accept delivery of such Off-Spec Gas from the Buyer; provided, however, that in the event the Physical Downstream Transporter subsequently refuses to accept delivery of Off-Spec Gas it had previously agreed to accept from the Buyer or if Buyer is charged with any additional costs as a result of delivering the Off-Spec Gas to the Physical Downstream Transporter, then the Seller shall indemnify the Buyer in accordance with the terms of §8a.5 hereof. Any notice given pursuant to § 8a.3 by telephone shall be confirmed in writing as soon as reasonably practicable.additional
Appears in 1 contract
Samples: General Agreement
Rights of the Buyer. If Natural Gas to be delivered or being delivered at the Delivery Point is Off- Off-Spec Gas and if the Physical Downstream Transporter has refused to take delivery of such Off-Spec Gas, the Buyer will, promptly following its receipt of notice of such refusal from the Physical Downstream Transporter, give notice to the Seller by telephone or in writing stating that it does not wish to take delivery of quantities of Natural Gas until the non-conformity with the Transportation Requirements has been remedied, and the Buyer shall not be in breach of any of its obligations by reason thereof. For the avoidance of doubt, the Buyer shall be obligated to take delivery of Off-Off- Spec Gas if the Physical Downstream Transporter is willing to accept delivery of such Off-Spec Gas from the Buyer; provided, however, that in the event the Physical Downstream Transporter subsequently refuses to accept delivery of Off-Spec Gas it had previously agreed to accept from the Buyer or if Buyer is charged with any additional costs as a result of delivering the Off-Spec Gas to the Physical Downstream Transporter, then the Seller shall indemnify the Buyer in accordance with the terms of §8a.5 hereof. Any notice given pursuant to § 8a.3 by telephone shall be confirmed in writing as soon as reasonably practicable.
Appears in 1 contract
Samples: General Agreement