Shipper’s Representations and Warranties. The Shipper represents and warrants that: (a) (power to execute and perform): it has the power to execute, deliver and carry out its obligations under this agreement and all necessary action has been taken to authorise that execution, delivery and performance; (b) (validity): this agreement constitutes a valid and legally binding obligation on it in accordance with its terms; (c) (legality): the execution, delivery and carrying out of its obligations under this agreement does not violate any law to which the Shipper is subject. (d) (no trust relationship): except as stated in this agreement, it is not the trustee or responsible entity (as defined in the Corporations Act) of any trust nor does it hold any property subject to or impressed by any trust; and (e) (licence and permits): the Shipper will have at all times all licences and permits required by law regarding dealing with Gas transported by the Pipeline; (f) (required arrangements): the Shipper has made or, prior to the Service Start Date applicable to a Path under the agreement will have made, all necessary or required arrangements for the pressure regulation, temperature regulation and measurement (for the purposes of allocation of quantities between Pipeline Shippers at shared Receipt Points and Delivery Points) of Gas transported on the Shipper's behalf; (g) (Receipt Point): the Shipper will ensure that the person who delivers the Gas on its account at its Receipt Points will at all times have the right or obligation to deliver it; (h) (Delivery Point): the Shipper will ensure that the person to whom the Gas is delivered on its account under this agreement at each of its Delivery Points will at all times have the right to receive it; and (i) (Delivery Point arrangements): the Shipper will ensure that the necessary upstream and downstream Gas supply arrangements will at all times be in place so that its scheduled quantities and nominated quantities of Gas can be received and delivered by the Transporter.
Appears in 3 contracts
Samples: Gas Transportation Agreement, Gas Transportation Agreement, Gas Transportation Agreement
Shipper’s Representations and Warranties. The Shipper represents makes the following representations and warrants thatwarranties for the benefit of the Service Providers on the Commencement Date and on the date any Instrument of Agreement is incorporated into this document through the execution of a written agreement between the parties:
(a) (the Shipper has full corporate power and authority to execute enter into and perform): it has perform this document, including the power to execute, deliver and carry out its obligations under this agreement and all necessary action has been taken to authorise that execution, delivery and performanceInstrument of Agreement;
(b) (validity): this agreement constitutes a valid and legally binding obligation on it in accordance with its terms;
(c) (legality): the execution, delivery and carrying out of its obligations under this agreement does not violate any law to which the Shipper is subject.
(d) (no trust relationship): except as stated in this agreement, it is not the trustee or responsible entity (as defined in the Corporations Act) of any trust nor does it hold any property subject to or impressed by any trust; and
(e) (licence and permits): the Shipper will have at all times all licences and permits required by law regarding dealing with Gas transported by the Pipeline;
(fc) (required arrangements): the Shipper has made or, prior to the Service Initial Start Date applicable to a Path under the agreement this document will have made, all necessary or required arrangements for the pressure regulation, temperature regulation and measurement (for the purposes of allocation of quantities between Pipeline Shippers at shared Receipt Points and Delivery Points) of Gas transported on the Shipper's behalf;
(gd) (Receipt Point): the Shipper will ensure that the person who delivers the Gas on its account at its Receipt Points will at all times have the right or obligation to deliver it;
(he) (Delivery Point): the Shipper will ensure that the person to whom the Gas is delivered on its account under this agreement document at each of its Delivery Points will at all times have the right to receive it;
(f) the Shipper will ensure that the Gas received onto the Pipeline at its Receipt Points will meet the Gas Specifications; and
(ig) (Delivery Point arrangements): the Shipper will ensure that the necessary upstream and downstream Gas supply arrangements will at all times be in place so that its scheduled quantities and nominated quantities of Gas can be received and delivered by the TransporterService Providers. Each of these representations and warranties are separate and do not affect the interpretation of another representation or warranty.
Appears in 1 contract
Samples: Gas Transportation Agreement
Shipper’s Representations and Warranties. The Shipper represents makes the following representations and warrants thatwarranties for the benefit of the Service Provider on each of the date of this document, the Commencement Date and on the date any Annexure is executed:
(a) (the Shipper has full corporate power and authority to execute enter into and perform): it has perform this document and the power to execute, deliver and carry out its obligations under this agreement and all necessary action has been taken to authorise that execution, delivery and performanceAnnexure;
(b) (validity): this agreement constitutes a valid and legally binding obligation on it in accordance with its terms;
(c) (legality): the execution, delivery and carrying out of its obligations under this agreement does not violate any law to which the Shipper is subject.
(d) (no trust relationship): except as stated in this agreement, it is not the trustee or responsible entity (as defined in the Corporations Act) of any trust nor does it hold any property subject to or impressed by any trust; and
(e) (licence and permits): the Shipper will have at all times all licences and permits required by law regarding dealing with Natural Gas transported by the PipelineTGP;
(fc) (required arrangements): the Shipper has made or, prior to the Service Start Date applicable to a Path or Service under the agreement this document will have made, all necessary or required arrangements for the pressure regulation, temperature regulation and measurement (for the purposes of allocation of quantities between Pipeline Shippers at shared Shared Receipt Points and Shared Delivery Points) of Natural Gas transported on the Shipper's behalf;
(gd) (Receipt Point): the Shipper will ensure that the person who delivers the Natural Gas on its account at its Receipt Points will at all times have the right or obligation to deliver it;
(he) (Delivery Point): the Shipper will ensure that the person to whom the Natural Gas is delivered on its account under this agreement document at each of its Delivery Points will at all times have the right to receive it;
(f) subject to clause 10.5, the Shipper will ensure that the Natural Gas received onto the TGP at its Receipt Points will meet the quality requirements set out in clause 10; and
(ig) (Delivery Point arrangements): the Shipper will ensure that the necessary upstream and downstream Natural Gas supply and transportation arrangements will at all times be in place so that its scheduled quantities and nominated quantities of Natural Gas can be received and delivered by the TransporterService Provider. Each of these representations and warranties are separate and do not affect the interpretation of another representation or warranty.
Appears in 1 contract
Samples: Gas Transportation Agreement
Shipper’s Representations and Warranties. The Shipper represents makes the following representations and warrants thatwarranties for the benefit of the Service Providers on the Commencement Date and on the date any Annexure is incorporated into this document through the execution of a written agreement between the parties:
(a) (the Shipper has full corporate power and authority to execute enter into and perform): it has perform this document and the power to execute, deliver and carry out its obligations under this agreement and all necessary action has been taken to authorise that execution, delivery and performanceAnnexure;
(b) (validity): this agreement constitutes a valid and legally binding obligation on it in accordance with its terms;
(c) (legality): the execution, delivery and carrying out of its obligations under this agreement does not violate any law to which the Shipper is subject.
(d) (no trust relationship): except as stated in this agreement, it is not the trustee or responsible entity (as defined in the Corporations Act) of any trust nor does it hold any property subject to or impressed by any trust; and
(e) (licence and permits): the Shipper will have at all times all licences and permits required by law regarding dealing with Gas transported by the PipelineEGP;
(fc) (required arrangements): the Shipper has made or, prior to the Service Initial Start Date applicable to a Path under the agreement this document will have made, all necessary or required arrangements for the pressure regulation, temperature regulation and measurement (for the purposes of allocation of quantities between Pipeline Shippers at shared Receipt Points and Delivery Points) of Gas transported on the Shipper's behalf;
(gd) (Receipt Point): the Shipper will ensure that the person who delivers the Gas on its account at its Receipt Points will at all times have the right or obligation to deliver it;
(he) (Delivery Point): the Shipper will ensure that the person to whom the Gas is delivered on its account under this agreement document at each of its Delivery Points will at all times have the right to receive it;
(f) the Shipper will ensure that the Gas received onto the EGP at its Receipt Points will meet the Gas Specifications; and
(ig) (Delivery Point arrangements): the Shipper will ensure that the necessary upstream and downstream Gas supply arrangements will at all times be in place so that its scheduled quantities and nominated quantities of Gas can be received and delivered by the TransporterService Providers. Each of these representations and warranties are separate and do not affect the interpretation of another representation or warranty.
Appears in 1 contract
Samples: Gas Transportation Agreement
Shipper’s Representations and Warranties. The Shipper represents makes the following representations and warrants thatwarranties for the benefit of the Service Provider on the Commencement Date and on the date any Annexure is incorporated into this document through the execution of a written agreement between the parties:
(a) (the Shipper has full corporate power and authority to execute enter into and perform): it has perform this document and the power to execute, deliver and carry out its obligations under this agreement and all necessary action has been taken to authorise that execution, delivery and performanceAnnexure;
(b) (validity): this agreement constitutes a valid and legally binding obligation on it in accordance with its terms;
(c) (legality): the execution, delivery and carrying out of its obligations under this agreement does not violate any law to which the Shipper is subject.
(d) (no trust relationship): except as stated in this agreement, it is not the trustee or responsible entity (as defined in the Corporations Act) of any trust nor does it hold any property subject to or impressed by any trust; and
(e) (licence and permits): the Shipper will have at all times all licences and permits required by law regarding dealing with Gas transported by the PipelineVicHub;
(fc) (required arrangements): the Shipper has made or, prior to the Service Initial Start Date applicable to a Path under the agreement this document will have made, all necessary or required arrangements for the pressure regulation, temperature regulation and measurement (for the purposes of allocation of quantities between Pipeline Shippers at shared Receipt Points and Delivery Points) of Gas transported on the Shipper's behalf;
(gd) (Receipt Point): the Shipper will ensure that the person who delivers the Gas on its account at its Receipt Points will at all times have the right or obligation to deliver it;
(he) (Delivery Point): the Shipper will ensure that the person to whom the Gas is delivered on its account under this agreement document at each of its Delivery Points will at all times have the right to receive it;
(f) the Shipper will ensure that the Gas received onto the VicHub at its Receipt Points will meet the Gas Specifications; and
(ig) (Delivery Point arrangements): the Shipper will ensure that the necessary upstream and downstream Gas supply arrangements will at all times be in place so that its scheduled quantities and nominated quantities of Gas can be received and delivered by the TransporterService Provider. Each of these representations and warranties are separate and do not affect the interpretation of another representation or warranty.
Appears in 1 contract
Samples: Gas Transportation Agreement
Shipper’s Representations and Warranties. The Shipper represents makes the following representations and warrants thatwarranties for the benefit of the Service Provider on the Commencement Date and on the date any Annexure is incorporated into this document through the execution of a written agreement between the parties:
(a) (the Shipper has full corporate power and authority to execute enter into and perform): it has perform this document and the power to execute, deliver and carry out its obligations under this agreement and all necessary action has been taken to authorise that execution, delivery and performanceAnnexure;
(b) (validity): this agreement constitutes a valid and legally binding obligation on it in accordance with its terms;
(c) (legality): the execution, delivery and carrying out of its obligations under this agreement does not violate any law to which the Shipper is subject.
(d) (no trust relationship): except as stated in this agreement, it is not the trustee or responsible entity (as defined in the Corporations Act) of any trust nor does it hold any property subject to or impressed by any trust; and
(e) (licence and permits): the Shipper will have at all times all licences and permits required by law regarding dealing with Gas transported by the Pipeline;
(fc) (required arrangements): the Shipper has made or, prior to the Service Initial Start Date applicable to a Path under the agreement this document will have made, all necessary or required arrangements for the pressure regulation, temperature regulation and measurement (for the purposes of allocation of quantities between Pipeline Shippers at shared Receipt Points and Delivery Points) of Gas transported on the Shipper's behalf;
(gd) (Receipt Point): the Shipper will ensure that the person who delivers the Gas on its account at its Receipt Points will at all times have the right or obligation to deliver it;
(he) (Delivery Point): the Shipper will ensure that the person to whom the Gas is delivered on its account under this agreement document at each of its Delivery Points will at all times have the right to receive it;
(f) the Shipper will ensure that the Gas received onto the Pipeline at its Receipt Points will meet the Gas Specifications; and
(ig) (Delivery Point arrangements): the Shipper will ensure that the necessary upstream and downstream Gas supply arrangements will at all times be in place so that its scheduled quantities and nominated quantities of Gas can be received and delivered by the TransporterService Provider. Each of these representations and warranties are separate and do not affect the interpretation of another representation or warranty.
Appears in 1 contract
Samples: Gas Transportation Agreement
Shipper’s Representations and Warranties. The Shipper represents makes the following representations and warrants thatwarranties for the benefit of the Service Provider on each of the date of this document, the Commencement Date and on the date any Annexure is executed:
(a) (the Shipper has full corporate power and authority to execute enter into and perform): it has perform this document and the power to execute, deliver and carry out its obligations under this agreement and all necessary action has been taken to authorise that execution, delivery and performanceAnnexure;
(b) (validity): this agreement constitutes a valid and legally binding obligation on it in accordance with its terms;
(c) (legality): the execution, delivery and carrying out of its obligations under this agreement does not violate any law to which the Shipper is subject.
(d) (no trust relationship): except as stated in this agreement, it is not the trustee or responsible entity (as defined in the Corporations Act) of any trust nor does it hold any property subject to or impressed by any trust; and
(e) (licence and permits): the Shipper will have at all times all licences and permits required by law regarding dealing with Natural Gas transported by the PipelineTGP;
(fc) (required arrangements): the Shipper has made or, prior to the Service Start Date applicable to a Path or Service under the agreement this document will have made, all necessary or required arrangements for the pressure regulation, temperature regulation and measurement (for the purposes of allocation of quantities between Pipeline Shippers at shared Receipt Points and Delivery Points) of Natural Gas transported on the Shipper's behalf;
(gd) (Receipt Point): the Shipper will ensure that the person who delivers the Natural Gas on its account at its Receipt Points will at all times have the right or obligation to deliver it;
(he) (Delivery Point): the Shipper will ensure that the person to whom the Natural Gas is delivered on its account under this agreement document at each of its Delivery Points will at all times have the right to receive it;
(f) subject to clause 10.4, the Shipper will ensure that the Natural Gas received onto the TGP at its Receipt Points will meet the quality requirements set out in clause 10; and
(ig) (Delivery Point arrangements): the Shipper will ensure that the necessary upstream and downstream Natural Gas supply and transportation arrangements will at all times be in place so that its scheduled quantities and nominated quantities of Natural Gas can be received and delivered by the TransporterService Provider. Each of these representations and warranties are separate and do not affect the interpretation of another representation or warranty.
Appears in 1 contract
Samples: Gas Transportation Agreement