Common use of Saving and damages Clause in Contracts

Saving and damages. (a) Nothing in this clause 11 limits, affects or prejudices the Operator's right to refuse to Receive Gas under clause 5.3 or to refuse to Deliver Gas under clause 5.7. (b) The Shipper's liability to the Operator for any Direct Damage suffered by the Operator which is caused by or arises out of the Shipper's failure to comply with an Unavailability Notice is reduced by any Unavailable Overrun Charge paid by the Shipper under clause 11.6 in respect of that failure. (c) The Shipper is liable to pay the Overrun Charge under clause 11.1 and the Unavailable Overrun Charge under clause 11.6 in respect of the same quantity of Overrun Gas. (d) The Shipper is not liable to pay the Unavailable Overrun Charge with respect to any Gas Day in which the Operator: (i) fails to provide the Shipper with the information required in accordance with clause 15.5(d)(i); or (ii) provides the Shipper with information under clause 15.5(d)(i) which is incorrect in any material respect but only to the extent that the information is incorrect, but is liable to pay the Overrun Charge in respect to the relevant quantity of Overrun Gas as if an Unavailability Notice had not been issued. (e) The Parties agree that, because the rights and remedies set out in this clause 11 apply across all of the Shipper's Capacity Services, when in particular circumstances the Operator exercises a right or issues a remedy under this clause 11, the Operator must not exercise the equivalent right or remedy under another contract for Capacity Services or in relation to another Capacity Service in relation to the same circumstances.

Saving and damages. (a) Nothing in this clause 11 limits, affects or prejudices the Operator's right to refuse to Receive Gas under clause 5.3 or to refuse to Deliver Gas under clause 5.7. (b) The Shipper's liability to the Operator for any Direct Damage suffered by the Operator which is caused by or arises out of the Shipper's failure to comply with an Unavailability Notice is reduced by any Unavailable Overrun Charge paid by the Shipper under clause 11.6 in respect of that failure. (c) The Shipper is liable to pay the Overrun Charge under clause 11.1 and the Unavailable Overrun Charge under clause 11.6 in respect of the same quantity of Overrun Gas. (d) The Shipper is not liable to pay the Unavailable Overrun Charge with respect to any Gas Day in which the Operator: (i) fails to provide the Shipper with the information required in accordance with clause 15.5(d)(i); or (ii) provides the Shipper with information under clause 15.5(d)(i) which is incorrect in any material respect but only to the extent that the information is incorrect, but is liable to pay the Overrun Charge in respect to the relevant quantity of Overrun Gas as if an Unavailability Notice had not been issued. (e) The Parties agree that, because the rights and remedies set out in this clause 11 apply across all of the Shipper's Capacity Services, when in particular circumstances the Operator exercises a right or issues a remedy under this clause 11, the Operator must not exercise the equivalent right or remedy under another contract for Capacity Services or in relation to another Capacity Service in relation to the same circumstances.. 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 71