Common use of Should the Customer Clause in Contracts

Should the Customer. fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 2017, or should the Bank Guarantee result not enforceable, the Logistic Swap Provider shall be entitled to suspend the acceptance at DPA and the delivery at PSV of Natural Gas (and be released from its underlying delivery and acceptance obligations) from the start date of the relevant Total Supply Period until and including the first Business Day that follows the receipt of a valid Bank Guarantee, while the end date of the Total Supply Period at the relevant Delivery Point shall remain as indicated in Article 3.1 (Sale and purchase of Natural Gas at the Delivery Point A) or Article 4.1 (Sale and purchase of Natural Gas at the PSV Delivery Point), as applicable. It is understood that, also in case of delay by the Customer in providing the above mentioned Bank Guarantee, the Fixed Amount payment obligation under this Contract shall apply from the start date of the Total Supply Period at PSV. Should the Customer fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 2017, or should the Bank Guarantee result not enforceable at such date, this shall be considered and constitute a Material Reason under this Contract with no additional grace period and the Logistic Swap Provider shall be entitled to terminate this Contract and the Customer shall pay to the Logistic Swap Provider a Termination Amount that the Parties agree to be equal to ten percent (10%) of the relevant Fixed Amount which would have been due and payable for the entire Total Supply Period at PSV if the Contract had not been terminated. For the sake of clarity the Termination Amount in case of any other early termination of the Contract shall be calculated pursuant to § 11 (Calculation of the Termination Amount) of the EFET Agreement. Any termination of this Contract shall be without prejudice to the rights of the Parties accrued until the date of termination. In such case the Logistic Swap Provider may enforce the Bid Bond as partial payment for the Termination Amount.

Should the Customer. fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 2017, or should the Bank Guarantee result not enforceable, the Logistic Swap Provider shall be entitled to suspend the acceptance at DPA and the delivery at PSV of Natural Gas (and be released from its underlying delivery and acceptance obligations) from the start date of the relevant Total Supply Period until and including the first Business Day that follows the receipt of a valid Bank Guarantee, while the end date of the Total Supply Period at the relevant Delivery Point shall remain as indicated in Article 3.1 (Sale and purchase of Natural Gas at the Delivery Point A) or Article 4.1 (Sale and purchase of Natural Gas at the PSV Delivery Point), as applicable. It is understood that, also in case of delay by the Customer in providing the above mentioned Bank Guarantee, the Fixed Amount payment obligation under this Contract shall apply in any case from the start date of the Total Supply Period at PSV. Should the Customer fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 2017, or should the Bank Guarantee result not enforceable at such date, this shall be considered and constitute a Material Reason under this Contract with no additional grace period and the Logistic Swap Provider shall be entitled to terminate this Contract and the Customer shall pay to the Logistic Swap Provider a Termination Amount that the Parties agree to be equal to ten percent (10%) of the relevant Fixed Amount which would have been due and payable for the entire Total Supply Period at PSV if the Contract had not been terminated. For the sake of clarity the Termination Amount in case of any other early termination of the Contract shall be calculated pursuant to § 11 (Calculation of the Termination Amount) of the EFET Agreement. Any termination of this Contract shall be without prejudice to the rights of the Parties accrued until the date of termination. In such case the Logistic Swap Provider may enforce the Bid Bond as partial payment for the Termination Amount.

Should the Customer. fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 201720th July 2016, or should the Bank Guarantee result not enforceable, the Logistic Swap Provider shall be entitled to suspend the acceptance at DPA and the delivery at PSV of Natural Gas (and be released from its underlying delivery and acceptance obligations) from the start date of the relevant Total Supply Period until and including the first Business Day that follows the receipt of a valid Bank Guarantee, while the end date of the Total Supply Period at the relevant Delivery Point shall remain as indicated in Article 3.1 (Sale and purchase of Natural Gas at the Delivery Point A) or Article 4.1 (Sale and purchase of Natural Gas at the PSV Delivery Point), as applicable. It is understood that, also in case of delay by the Customer in providing the above mentioned Bank Guarantee, the Fixed Amount payment obligation under this Contract shall apply in any case from the start date of the Total Supply Period at PSV. Should the Customer fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 201720th July 2016, or should the Bank Guarantee result not enforceable at such date, this shall be considered and constitute a Material Reason under this Contract with no additional grace period and the Logistic Swap Provider shall be entitled to terminate this Contract and the Customer shall pay to the Logistic Swap Provider a Termination Amount that the Parties agree to be equal to ten percent (10%) of the relevant Fixed Amount which would have been due and payable for the entire Total Supply Period at PSV if the Contract had not been terminated. For the sake of clarity the Termination Amount in case of any other early termination of the Contract shall be calculated pursuant to § 11 (Calculation of the Termination Amount) of the EFET Agreement. Any termination of this Contract shall be without prejudice to the rights of the Parties accrued until the date of termination. In such case the Logistic Swap Provider may enforce the Bid Bond as partial payment for the Termination Amount.

Should the Customer. fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 201720th July 2016, or should the Bank Guarantee result not enforceable, the Logistic Swap Provider shall be entitled to suspend the acceptance at DPA and the delivery at PSV of Natural Gas (and be released from its underlying delivery and acceptance obligations) from the start date of the relevant Total Supply Period until and including the first Business Day that follows the receipt of a valid Bank Guarantee, while the end date of the Total Supply Period at the relevant Delivery Point shall remain as indicated in Article 3.1 (Sale and purchase of Natural Gas at the Delivery Point A) or Article 4.1 (Sale and purchase of Natural Gas at the PSV Delivery Point), as applicable. It is understood that, also in case of delay by the Customer in providing the above mentioned Bank Guarantee, the Fixed Amount payment obligation under this Contract shall apply from the start date of the Total Supply Period at PSV. Should the Customer fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 201720th July 2016, or should the Bank Guarantee result not enforceable at such date, this shall be considered and constitute a Material Reason under this Contract with no additional grace period and the Logistic Swap Provider shall be entitled to terminate this Contract and the Customer shall pay to the Logistic Swap Provider a Termination Amount that the Parties agree to be equal to ten percent (10%) of the relevant Fixed Amount which would have been due and payable for the entire Total Supply Period at PSV if the Contract had not been terminated. For the sake of clarity the Termination Amount in case of any other early termination of the Contract shall be calculated pursuant to § 11 (Calculation of the Termination Amount) of the EFET Agreement. Any termination of this Contract shall be without prejudice to the rights of the Parties accrued until the date of termination. In such case the Logistic Swap Provider may enforce the Bid Bond as partial payment for the Termination Amount.