Common use of Service Terms and Conditions Clause in Contracts

Service Terms and Conditions. (a) Shipper shall have a Firm Daily Variability Demand of GJ; (b) During the period of September 15 to November 15 in the event that on any Day the Xxxx Quantity exceeds the Market Quantity by an amount greater than the Firm Daily Variability Demand (this amount shall be referred to as the “Excess”), Enbridge may, at its sole discretion, accept the Excess. In the event that the Excess is greater than zero, and Xxxxxxxx has not accepted such Excess in writing, Shipper shall pay Enbridge a charge equal to $3.00/GJ ($3.17/MMBtu) multiplied by the Excess. In addition, Enbridge may at its option, upon forty-eight (48) hours verbal notice to the Shipper (to be followed in writing), take title of such Excess which shall be immediately forfeited to Enbridge without further recourse; (c) During the period of February 15 to April 15 in the event that on any Day the Market Quantity exceeds the Xxxx Quantity by an amount greater than the Firm Daily Variability Demand (this amount shall be referred to as the “Shortfall”), Enbridge may, at its sole discretion, accept the Shortfall. In the event that the Shortfall is greater than zero, and Enbridge has not accepted such Shortfall in writing, Shipper shall pay Enbridge a charge equal to $3.00/GJ ($3.17/MMBtu) multiplied by the Shortfall. In addition, Enbridge may upon forty-eight (48) hours verbal notice to the Shipper (to be followed in writing), replace all or part of the Shortfall at Xxxxxxx's expense; (d) The Producer Balancing Account shall be limited to the following: i. From November 1 to November 30 a cumulative credit position of up to GJ or a cumulative debit position of up to GJ; ii. From December 1 to April 30, a cumulative credit position of up to GJ or a cumulative debit position of up to GJ; iii. From May 1 to September 14, a cumulative credit position of up to GJ or a cumulative debit position of up to GJ; iv. From September 15 to October 31, a cumulative credit position of up to GJ v. In the event that this Contract is terminated, the balance in the Producer Balancing Account shall be zero (0) on the effective date of termination.

Appears in 6 contracts

Samples: Transportation and Producer Balancing Service Contract, Transportation and Producer Balancing Service Contract, Transportation and Producer Balancing Service Contract

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Service Terms and Conditions. (a) Shipper shall have a Firm Daily Variability Demand of 1,050 GJ; (b) During the period of September 15 to November 15 in the event that on any Day the Xxxx Quantity exceeds the Market Quantity by an amount greater than the Firm Daily Variability Demand (this amount shall be referred to as the “Excess”), Enbridge may, at its sole discretion, accept the Excess. In the event that the Excess is greater than zero, and Xxxxxxxx has not accepted such Excess in writing, Shipper shall pay Enbridge a charge equal to $3.00/GJ ($3.17/MMBtu) multiplied by the Excess. In addition, Enbridge may at its option, upon forty-eight (48) hours verbal notice to the Shipper (to be followed in writing), take title of such Excess which shall be immediately forfeited to Enbridge without further recourse; (c) During the period of February 15 to April 15 in the event that on any Day the Market Quantity exceeds the Xxxx Quantity by an amount greater than the Firm Daily Variability Demand (this amount shall be referred to as the “Shortfall”), Enbridge may, at its sole discretion, accept the Shortfall. In the event that the Shortfall is greater than zero, and Enbridge has not accepted such Shortfall in writing, Shipper shall pay Enbridge a charge equal to $3.00/GJ ($3.17/MMBtu) multiplied by the Shortfall. In addition, Enbridge may upon forty-eight (48) hours verbal notice to the Shipper (to be followed in writing), replace all or part of the Shortfall at Xxxxxxx's expense; (d) The Producer Balancing Account shall be limited to the following: i. From November 1 September 15 to November 30 a cumulative credit position of up to 30,500 GJ or a cumulative debit position of up to 15,000 GJ; ii. From December 1 to April 30, a cumulative credit position of up to 122,000 GJ or a cumulative debit position of up to 15,000 GJ; iii. From May 1 to September 14, a cumulative credit position of up to 91,500 GJ or a cumulative debit position of up to 15,000 GJ; iv. From September 15 to October 31, a cumulative credit position of up to GJ v. In the event that this Contract is terminated, the balance in the Producer Balancing Account shall be zero (0) on the effective date of termination.

Appears in 2 contracts

Samples: Transportation and Producer Balancing Service Contract, Transportation and Producer Balancing Service Contract

Service Terms and Conditions. (a) Shipper shall have a Firm Daily Variability Demand of 2,000 GJ; (b) During the period of September 15 to November 15 in the event that on any Day the Xxxx Quantity exceeds the Market Quantity by an amount greater than the Firm Daily Variability Demand (this amount shall be referred to as the “Excess”), Enbridge may, at its sole discretion, accept the Excess. In the event that the Excess is greater than zero, and Xxxxxxxx has not accepted such Excess in writing, Shipper shall pay Enbridge a charge equal to $3.00/GJ ($3.17/MMBtu) multiplied by the Excess. In addition, Enbridge may at its option, upon forty-eight (48) hours verbal notice to the Shipper (to be followed in writing), take title of such Excess which shall be immediately forfeited to Enbridge without further recourse; (c) During the period of February 15 to April 15 in the event that on any Day the Market Quantity exceeds the Xxxx Quantity by an amount greater than the Firm Daily Variability Demand (this amount shall be referred to as the “Shortfall”), Enbridge may, at its sole discretion, accept the Shortfall. In the event that the Shortfall is greater than zero, and Enbridge has not accepted such Shortfall in writing, Shipper shall pay Enbridge a charge equal to $3.00/GJ ($3.17/MMBtu) multiplied by the Shortfall. In addition, Enbridge may upon forty-eight (48) hours verbal notice to the Shipper (to be followed in writing), replace all or part of the Shortfall at Xxxxxxx's expense; (d) The Producer Balancing Account shall be limited to the following: i. From November 1 to November 30 a cumulative credit position of up to 48,400 GJ or a cumulative debit position of up to 17,400 GJ; ii. From December 1 to April 30, a cumulative credit position of up to 139,600 GJ or a cumulative debit position of up to 17,400 GJ; iii. From May 1 to September 14, a cumulative credit position of up to 104,700 GJ or a cumulative debit position of up to 17,400 GJ; iv. From September 15 to October 31, a cumulative credit position of up to 48,400 GJ or a cumulative debit position of up to 17,400 GJ; and, v. In the event that this Contract is terminated, the balance in the Producer Balancing Account shall be zero (0) on the effective date of termination.

Appears in 2 contracts

Samples: Transportation and Producer Balancing Service Contract, Transportation and Producer Balancing Service Contract

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Service Terms and Conditions. (a) Shipper shall have a Firm Daily Variability Demand of GJ; (b) During the period of September 15 to November 15 in the event that on any Day the Xxxx Quantity exceeds the Market Quantity by an amount greater than the Firm Daily Variability Demand (this amount shall be referred to as the “Excess”), Enbridge may, at its sole discretion, accept the Excess. In the event that the Excess is greater than zero, and Xxxxxxxx has not accepted such Excess in writing, Shipper shall pay Enbridge a charge equal to $3.00/GJ ($3.17/MMBtu) multiplied by the Excess. In addition, Enbridge may at its option, upon forty-eight (48) hours verbal notice to the Shipper (to be followed in writing), take title of such Excess which shall be immediately forfeited to Enbridge without further recourse; (c) During the period of February 15 to April 15 in the event that on any Day the Market Quantity exceeds the Xxxx Quantity by an amount greater than the Firm Daily Variability Demand (this amount shall be referred to as the “Shortfall”), Enbridge may, at its sole discretion, accept the Shortfall. In the event that the Shortfall is greater than zero, and Enbridge has not accepted such Shortfall in writing, Shipper shall pay Enbridge a charge equal to $3.00/GJ ($3.17/MMBtu) multiplied by the Shortfall. In addition, Enbridge may upon forty-eight (48) hours verbal notice to the Shipper (to be followed in writing), replace all or part of the Shortfall at Xxxxxxx's expense; (d) The Producer Balancing Account shall be limited to the following: i. From November 1 to November 30 a cumulative credit position of up to GJ or a cumulative debit position of up to GJ; ii. From December 1 to April 30, a cumulative credit position of up to GJ or a cumulative debit position of up to GJ; iii. From May 1 to September 14, a cumulative credit position of up to GJ or a cumulative debit position of up to GJ; iv. From September 15 to October 31, a cumulative credit position of up to GJ or a cumulative debit position of up to GJ; and, v. In the event that this Contract is terminated, the balance in the Producer Balancing Account shall be zero (0) on the effective date of termination.

Appears in 1 contract

Samples: Transportation and Producer Balancing Service Contract

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