Common use of Specification Gas Clause in Contracts

Specification Gas. (a) As between ActewAGL and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in New South Wales for any period during this Agreement, which extends to any such Gas; (ii) where the Gas Law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas Law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGL’s ability to ensure the continued quality, safety, reliability and security of supply of Gas; (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) issues an exemption to ActewAGL in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) , then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and (iv) where ActewAGL reasonably believes that the conveyance of the Gas is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (b) ActewAGL is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (c) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (d) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL caused that Damage or claim.

Appears in 6 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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Specification Gas. (a) As between ActewAGL Evoenergy and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for Law, including but not limited to any period regulation made under the Gas Supply Act 1996 (NSW) applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas such Law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL Xxxxxxxxx in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLXxxxxxxxx’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;; and (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) issues an exemption to ActewAGL Evoenergy in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) ), then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and. (ivb) where ActewAGL Where Evoenergy reasonably believes that the conveyance of Gas which does not meet the Gas Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is Evoenergy will be deemed to be have delivered Gas that meets the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (bc) ActewAGL Evoenergy is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as The quantity of Out-of-Specification Gas delivered to a result of the delivery of Gas by or Receipt Point on behalf of the User at any will be determined by Xxxxxxxxx as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point which does not meet on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification unless Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-of-Specification Gas (the User’s Proportion) delivered to the extent Receipt Point on behalf of the User will be that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-of-Specification Gas was delivered) which is withdrawn by the User provided that, if information is obtained by Evoenergy from, or provided to Evoenergy by AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network user or some other source acceptable to Evoenergy and Evoenergy considers, acting reasonably, that the negligent act information so obtained or omission or wilful misconduct provided: (A) is accurate and reliable; and (B) enables Evoenergy to determine the User’s Proportion of ActewAGL caused that Damage or claimOut-of- Specification Gas more accurately, then the User’s Proportion may be adjusted by Evoenergy to take into account that information.

Appears in 3 contracts

Samples: Reference Service Agreement, Reference Service Agreement, Reference Service Agreement

Specification Gas. (a) As between ActewAGL the Service Provider and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL the Service Provider in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLthe Service Provider’s ability to ensure the continued quality, safety, reliability and security of supply of Gas; (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) Director-General issues an exemption to ActewAGL the Service Provider in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) related to the specification of Gas, then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and (iv) where ActewAGL the Service Provider reasonably believes that the conveyance of the Gas is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (b) ActewAGL The Service Provider is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (c) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (d) ActewAGL The Service Provider will not be liable forfor any and all Damages or claims in connection with or arising as a result of the delivery of Gas at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of the Service Provider caused that Damage or claim. (e) Subject to clause Error! Reference source not found., and the User will indemnify and hold ActewAGL the Service Provider harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL the Service Provider caused that Damage or claim. (f) For the purpose of clause 10.1(e), the quantity of Out-of-Specification Gas delivered to a Receipt Point on behalf of the User will be determined by the Service Provider as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-Of- Specification Gas (the User's Proportion) delivered to the Receipt Point on behalf of the User will be determined as follows: (A) if the Network Section is part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas delivered at the hub for that Network Section (on the Days during which the Out- Of-Specification Gas was delivered) which is allocated to the User under the STTM distribution system allocations under the National Gas Rules; or (B) if the Network Section is not part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-Of- Specification Gas was delivered) which is withdrawn by the User, provided that, if information is obtained by the Service Provider from, or provided to the Service Provider by, AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network User or some other source acceptable to the Service Provider, and the Service Provider considers, acting reasonably, that the information so obtained or provided: (C) is accurate and reliable; and (D) enables the Service Provider to determine the User's Proportion of that Out-Of-Specification Gas more accurately than if the User's Proportion is determined under subclause (A) or (B) (as the case may be), then the User's Proportion determined under subclause (A) or (B) (as the case may be) may be adjusted by the Service Provider to take into account that information. (g) In clause 10.1(f) above, STTM distribution system, STTM distribution system allocation and hub have the meanings given to those terms in rule 364 of the National Gas Rules.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Specification Gas. (a) As between ActewAGL JGN and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point (including purchased by the User through the STTM) complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas;; and (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 22,2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL JGN in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLJGN’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;. (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) Director-General issues an exemption to ActewAGL JGN in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) related to the specification of Gas, then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and (b) (iv) where ActewAGL whereWhere JGN reasonably believes that the conveyance of the Gas GasGas which does not meet the Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement AgreementJGN will be deemed to have delivered Gas that meets the Specification to the extent the Gas is delivered in accordance with regulation 24(2). (c) (b) ActewAGL JGN is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (c) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (d) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL caused that Damage or claim.

Appears in 1 contract

Samples: Reference Service Agreement

Specification Gas. (a) As between ActewAGL JGN and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point (including purchased by the User through the STTM) complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas;; and (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL JGN in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLJGN’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;. (iiib) where any Safety Regulator (for avoidance of doubt, including the Director General) issues an exemption to ActewAGL in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) , then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and (iv) where ActewAGL Where JGN reasonably believes that the conveyance of Gas which does not meet the Gas Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is JGN will be deemed to be have delivered Gas that meets the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (bc) ActewAGL JGN is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as The quantity of Out-of-Specification Gas delivered to a result of the delivery of Gas by or Receipt Point on behalf of the User at any will be determined by JGN as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point which does not meet on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification unless Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-Of- Specification Gas (the User's Proportion) delivered to the extent Receipt Point on behalf of the User will be determined as follows: (A) if the Network Section is part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas for that Network Section (on the Days during which the Out-Of-Specification Gas was delivered) which is allocated to the User under the STTM distribution system allocations under the National Gas Rules; or (B) if the Network Section is not part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-Of- Specification Gas was delivered) which is withdrawn by the User, provided that, if information is obtained by JGN from, or provided to JGN by, AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network User or some other source acceptable to JGN, and JGN considers, acting reasonably, that the negligent act information so obtained or omission provided: (C) is accurate and reliable; and (D) enables JGN to determine the User's Proportion of that Out-Of- Specification Gas more accurately than if the User's Proportion is determined under subclause (A) or wilful misconduct (B) (as the case may be), then the User's Proportion determined under subclause (A) or (B) (as the case may be) may be adjusted by JGN to take into account that information. (f) In clause 10.1(e) above, STTM distribution system, STTM distribution system allocation and hub have the meanings given to those terms in rule 364 of ActewAGL caused that Damage or claimthe National Gas Rules.

Appears in 1 contract

Samples: Service Agreement

Specification Gas. (a) As between ActewAGL and The Service Provider is not obliged to provide a Service if the User, the User must ensure and procure that Gas delivered to each Relevant at a Receipt Point complies with the following requirements (the Specification):does not comply with: (i) the specification specifications prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Xxx 0000 (NSW), applying during this Agreement, which Agreement that extends to any such Gas;; and (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2particular matter, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, 2 as amended varied from time to time by ActewAGL in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGL’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;Service Provider. (iiib) where any Safety Regulator The Service Provider may receive into the Network and may transport, haul or deliver Gas that would, but for the operation of this clause 10.1(b) be Out-of- Specification Gas if: (for avoidance i) the Director-General of doubt, including the Director General) Department of Water and Energy issues an exemption to ActewAGL the Service Provider in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 2008 (NSW)) related to the specifications of Gas, then in which case the specification Specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) this Agreement is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; andor (ivii) where ActewAGL the Service Provider reasonably believes that the conveyance of the Gas is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a23.2(a) of the Gas Supply (Safety and Network Management) Regulation 2013 2008 (NSW), then in which case the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2)23.2. (bc) ActewAGL is not obliged to provide a As between the Service if Provider and the User, the User must ensure and procure that Gas delivered at a to each Relevant Receipt Point does not comply complies with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL The Service Provider will not be liable for, and the User will indemnify and hold ActewAGL the Service Provider harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL caused that Damage or claimSpecification.

Appears in 1 contract

Samples: Reference Services Agreement

Specification Gas. (a) As between ActewAGL JGN and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point (including purchased by the User through the STTM) complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL JGN in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLJGN’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;; and. (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) Director-General issues an exemption to ActewAGL in relation to the specification of Gas (for avoidance of doubt, including JGN under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) related to the specification of Gas, then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and. (ivb) where ActewAGL Where JGN reasonably believes that the conveyance of Gas which does not meet the Gas Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is JGN will be deemed to be have delivered Gas that meets the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (bc) ActewAGL JGN is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as The quantity of Out-of-Specification Gas delivered to a result of the delivery of Gas by or Receipt Point on behalf of the User at any will be determined by JGN as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point which does not meet on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification unless Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-Of- Specification Gas (the User's Proportion) delivered to the extent Receipt Point on behalf of the User will be determined as follows: (A) if the Network Section is part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas for that Network Section (on the Days during which the Out-Of-Specification Gas was delivered) which is allocated to the User under the STTM distribution system allocations under the National Gas Rules; or (B) if the Network Section is not part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-Of- Specification Gas was delivered) which is withdrawn by the User, provided that, if information is obtained by JGN from, or provided to JGN by, AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network User or some other source acceptable to JGN, and JGN considers, acting reasonably, that the negligent act information so obtained or omission provided: (C) is accurate and reliable; and (D) enables JGN to determine the User's Proportion of that Out-Of- Specification Gas more accurately than if the User's Proportion is determined under subclause (A) or wilful misconduct (B) (as the case may be), then the User's Proportion determined under subclause (A) or (B) (as the case may be) may be adjusted by JGN to take into account that information. (f) In clause 10.1(e) above, STTM distribution system, STTM distribution system allocation and hub have the meanings given to those terms in rule 364 of ActewAGL caused that Damage or claimthe National Gas Rules.

Appears in 1 contract

Samples: Reference Service Agreement

Specification Gas. (a) As between ActewAGL Evoenergy and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification):Specification):‌ (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for Law, including but not limited to any period regulation made under the Gas Supply Act 1996 (NSW) applying during this Agreement, which Agreement that extends to any such Gas;Gas;‌ (ii) where the Gas Law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas such Law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL Xxxxxxxxx in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLXxxxxxxxx’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;; and‌ (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) issues an exemption to ActewAGL Evoenergy in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) ), then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and. (ivb) where ActewAGL Where Evoenergy reasonably believes that the conveyance of Gas which does not meet the Gas Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is Evoenergy will be deemed to be have delivered Gas that meets the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (bc) ActewAGL Evoenergy is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as The quantity of Out-of-Specification Gas delivered to a result of the delivery of Gas by or Receipt Point on behalf of the User at any will be determined by Xxxxxxxxx as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point which does not meet on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification unless Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-of-Specification Gas (the User’s Proportion) delivered to the extent Receipt Point on behalf of the User will be that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-of-Specification Gas was delivered) which is withdrawn by the User provided that, if information is obtained by Evoenergy from, or provided to Evoenergy by AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network user or some other source acceptable to Evoenergy and Evoenergy considers, acting reasonably, that the negligent act information so obtained or omission or wilful misconduct provided: (A) is accurate and reliable; and (B) enables Evoenergy to determine the User’s Proportion of ActewAGL caused that Damage or claimOut-of- Specification Gas more accurately, then the User’s Proportion may be adjusted by Evoenergy to take into account that information.

Appears in 1 contract

Samples: Reference Service Agreement

Specification Gas. (a) As between ActewAGL the Service Provider and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL the Service Provider in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLthe Service Provider’s ability to ensure the continued quality, safety, reliability and security of supply of Gas; (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) Director-General issues an exemption to ActewAGL the Service Provider in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) related to the specification of Gas, then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and (iv) where ActewAGL the Service Provider reasonably believes that the conveyance of the Gas is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (b) ActewAGL The Service Provider is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (c) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (d) ActewAGL The Service Provider will not be liable forfor any and all Damages or claims in connection with or arising as a result of the delivery of Gas at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of the Service Provider caused that Damage or claim. (e) Subject to clause 10.1(f), and the User will indemnify and hold ActewAGL the Service Provider harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL the Service Provider caused that Damage or claim. (f) For the purpose of clause 10.1(e), the quantity of Out-of-Specification Gas deliver/ed to a Receipt Point on behalf of the User will be determined by the Service Provider as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-Of- Specification Gas (the User's Proportion) delivered to the Receipt Point on behalf of the User will be determined as follows: (A) if the Network Section is part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas delivered at the hub for that Network Section (on the Days during which the Out- Of-Specification Gas was delivered) which is allocated to the User under the STTM distribution system allocations under the National Gas Rules; or (B) if the Network Section is not part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-Of- Specification Gas was delivered) which is withdrawn by the User, provided that, if information is obtained by the Service Provider from, or provided to the Service Provider by, AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network User or some other source acceptable to the Service Provider, and the Service Provider considers, acting reasonably, that the information so obtained or provided: (C) is accurate and reliable; and (D) enables the Service Provider to determine the User's Proportion of that Out-Of-Specification Gas more accurately than if the User's Proportion is determined under subclause (A) or (B) (as the case may be), then the User's Proportion determined under subclause (A) or (B) (as the case may be) may be adjusted by the Service Provider to take into account that information. (g) In clause 10.1(f) above, STTM distribution system, STTM distribution system allocation and hub have the meanings given to those terms in rule 364 of the National Gas Rules.

Appears in 1 contract

Samples: Service Agreement

Specification Gas. (a) As between ActewAGL JGN and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point (including purchased by the User through the STTM) complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 22,2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL JGN in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLJGN’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;; and. (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) Director-General issues an exemption to ActewAGL JGN in relation to the specification of Gas (for avoidance of doubt, including under the requirements of ofunder the Gas Supply (Safety and Network Management) (a) Regulation 2013 (NSW)) , then the specification under clause 10.1(a)(ii) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and. (b) (iv) where ActewAGL whereWhere JGN reasonably believes that the conveyance of the Gas GasGas which does not meet the Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement AgreementJGN will be deemed to have delivered Gas that meets the Specification to the extent the Gas is delivered in accordance with regulation 24(2). (c) (b) ActewAGL JGN is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (c) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (d) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL caused that Damage or claim.

Appears in 1 contract

Samples: Reference Service Agreement

Specification Gas. (a) As between ActewAGL Evoenergy and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for Law, including but not limited to any period regulation made under the Gas Supply Act 1996 (NSW) applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law referred to in clause 10.1(a)(i8.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas such Law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL Xxxxxxxxx in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLEvoenergy’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;; and (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) issues an exemption to ActewAGL Evoenergy in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) ), then the specification under clause 10.1(a)(i8.1(a)(i) or clause 10.1(a)(ii8.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and. (ivb) where ActewAGL Where Evoenergy reasonably believes that the conveyance of Gas which does not meet the Gas Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is Evoenergy will be deemed to be have delivered Gas that meets the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (bc) ActewAGL Evoenergy is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as The quantity of Out-of-Specification Gas delivered to a result of the delivery of Gas by or Receipt Point on behalf of the User at any will be determined by Xxxxxxxxx as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point which does not meet on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification unless Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-of-Specification Gas (the User’s Proportion) delivered to the extent Receipt Point on behalf of the User will be that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-of-Specification Gas was delivered) which is withdrawn by the User provided that, if information is obtained by Evoenergy from, or provided to Evoenergy by AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network user or some other source acceptable to Evoenergy and Evoenergy considers, acting reasonably, that the negligent act information so obtained or omission or wilful misconduct provided: (A) is accurate and reliable; and (B) enables Evoenergy to determine the User’s Proportion of ActewAGL caused that Damage or claimOut-of- Specification Gas more accurately, then the User’s Proportion may be adjusted by Evoenergy to take into account that information.

Appears in 1 contract

Samples: Service Agreement

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Specification Gas. (a) As between ActewAGL JGN and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point (including purchased by the User through the STTM) complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law law referred to in clause 10.1(a)(i8.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL JGN in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLJGN’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;; and. (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) Director-General issues an exemption to ActewAGL in relation to the specification of Gas (for avoidance of doubt, including JGN under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) related to the specification of Gas, then the specification under clause 10.1(a)(i8.1(a)(i) or clause 10.1(a)(ii8.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and. (ivb) where ActewAGL Where JGN reasonably believes that the conveyance of Gas which does not meet the Gas Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is JGN will be deemed to be have delivered Gas that meets the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (bc) ActewAGL JGN is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as The quantity of Out-of-Specification Gas delivered to a result of the delivery of Gas by or Receipt Point on behalf of the User at any will be determined by JGN as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point which does not meet on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification unless Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-Of- Specification Gas (the User's Proportion) delivered to the extent Receipt Point on behalf of the User will be determined as follows: (A) if the Network Section is part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas for that Network Section (on the Days during which the Out-Of-Specification Gas was delivered) which is allocated to the User under the STTM distribution system allocations under the National Gas Rules; or (B) if the Network Section is not part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-Of- Specification Gas was delivered) which is withdrawn by the User, provided that, if information is obtained by JGN from, or provided to JGN by, AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network User or some other source acceptable to JGN, and JGN considers, acting reasonably, that the negligent act information so obtained or omission provided: (C) is accurate and reliable; and (D) enables JGN to determine the User's Proportion of that Out-Of- Specification Gas more accurately than if the User's Proportion is determined under subclause (A) or wilful misconduct (B) (as the case may be), then the User's Proportion determined under subclause (A) or (B) (as the case may be) may be adjusted by JGN to take into account that information. (f) In clause 8.1(e) above, STTM distribution system, STTM distribution system allocation and hub have the meanings given to those terms in rule 364 of ActewAGL caused that Damage or claimthe National Gas Rules.

Appears in 1 contract

Samples: Service Agreement

Specification Gas. (a) As between ActewAGL the Service Provider and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL the Service Provider in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLthe Service Provider’s ability to ensure the continued quality, safety, reliability and security of supply of Gas; (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) Director-General issues an exemption to ActewAGL the Service Provider in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) related to the specification of Gas, then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and (iv) where ActewAGL the Service Provider reasonably believes that the conveyance of the Gas is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (b) ActewAGL The Service Provider is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (c) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (d) ActewAGL The Service Provider will not be liable forfor any and all Damages or claims in connection with or arising as a result of the delivery of Gas at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of the Service Provider caused that Damage or claim. (e) Subject to clause 1 0.1 (f) Error! Reference source not found., and the User will indemnify and hold ActewAGL the Service Provider harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL the Service Provider caused that Damage or claim.

Appears in 1 contract

Samples: Service Agreement

Specification Gas. (a) As between ActewAGL the Service Provider and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL the Service Provider in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLthe Service Provider’s ability to ensure the continued quality, safety, reliability and security of supply of Gas; (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) Director-General issues an exemption to ActewAGL the Service Provider in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) related to the specification of Gas, then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and (iv) where ActewAGL the Service Provider reasonably believes that the conveyance of the Gas is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (b) ActewAGL The Service Provider is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (c) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (d) ActewAGL The Service Provider will not be liable for, and the User will indemnify and hold ActewAGL the Service Provider harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL the Service Provider caused that Damage or claim.

Appears in 1 contract

Samples: Reference Service Agreement

Specification Gas. (a) As between ActewAGL and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification):Specification):‌ (i) the specification prescribed by Gas Law applicable to Receipt Points in New South Wales for any period during this Agreement, which extends to any such Gas;Gas;‌ (ii) where the Gas Law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas Law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGL’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;Gas;‌ (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) issues an exemption to ActewAGL in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) , then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and (iv) where ActewAGL reasonably believes that the conveyance of the Gas is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (b) ActewAGL is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (c) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (d) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL caused that Damage or claim.

Appears in 1 contract

Samples: Service Agreement

Specification Gas. (a) As between ActewAGL the Service ProviderJGN and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point (including purchased by the User through the STTM) complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Act, applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law law referred to in clause 10.1(a)(i10.1(a)(i)9.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2,Annexure 2, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the initial specification set out in Annexure 2Annexure 2, as amended from time to time by ActewAGL the Service ProviderJGN in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLthe Service Provider’sJGN’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;; and. (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) Director-General issues an exemption to ActewAGL the Service Provider in relation to the specification of Gas (for avoidance of doubt, including requirements ofJGN under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) related to the specification of Gas, then the specification under clause 10.1(a)(i10.1(a)(i)9.1(a)(i) or clause 10.1(a)(ii9.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and. (ivb) where ActewAGL the Service ProviderWhere JGN reasonably believes that the conveyance of the Gas GasGas which does not meet the Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or orJGN will be deemed to have delivered to Delivery Points is deemed to be Gas that meets the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (bc) ActewAGL The Service ProviderJGN is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL The Service Provider will not be liable forfor any and all Damages or claims in connection with or arising as a result of the delivery of Gas at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of the Service Provider caused that Damage or claim. (f) Subject to clause 10.1(f), and the User will indemnify and hold ActewAGL the Service Provider harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL the Service Provider caused that Damage or claim. (g) (e) For the purpose of clause 10.1(e), the quantity of Out-of-Specification Gas deliver/eddelivered to a Receipt Point on behalf of the User will be determined by the Service ProviderJGN as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-Of- Specification Gas (the User's Proportion) delivered to the Receipt Point on behalf of the User will be determined as follows: (A) if the Network Section is part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas delivered at the hub for that Network Section (on the Days during which the Out- Of-Specification Gas was delivered) which is allocated to the User under the STTM distribution system allocations under the National Gas Rules; or (B) if the Network Section is not part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-Of- Specification Gas was delivered) which is withdrawn by the User, provided that, if information is obtained by the Service ProviderJGN from, or provided to the Service ProviderJGN by, AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network User or some other source acceptable to the Service ProviderJGN, and the Service ProviderJGN considers, acting reasonably, that the information so obtained or provided: (C) is accurate and reliable; and (D) enables the Service ProviderJGN to determine the User's Proportion of that Out-Of-Specification Gas more accurately than if the User's Proportion is determined under subclause (A) or (B) (as the case may be), then the User's Proportion determined under subclause (A) or (B) (as the case may be) may be adjusted by the Service ProviderJGN to take into account that information.

Appears in 1 contract

Samples: Service Agreement

Specification Gas. (a) As between ActewAGL and The Service Provider is not obliged to provide a Service if the User, the User must ensure and procure that Gas delivered to each Relevant at a Receipt Point complies with the following requirements (the Specification):does not comply with: (i) the specification specifications prescribed by Gas Law applicable to Receipt Points in any New South Wales for law, including but not limited to any period regulation made under the Gas Supply Xxx 0000 (NSW), applying during this Agreement, which Agreement that extends to any such Gas;; and (ii) where the Gas Law law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2particular matter, or for any period during this Agreement in which there is no relevant Gas Lawsuch law, the specification as notified from time to time by the Service Provider. The initial specification is set out in Annexure 2, as amended from time to time by ActewAGL in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGL’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;. (iiib) where any Safety Regulator The Service Provider may receive into the Network and may transport, haul or deliver Gas that would, but for the operation of this clause 10.1(b) be Out-of- Specification Gas if: (for avoidance i) the Director-General of doubt, including the Director General) Department of Water and Energy issues an exemption to ActewAGL the Service Provider in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 2008 (NSW)) related to the specifications of Gas, then in which case the specification Specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) this Agreement is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; andor (ivii) where ActewAGL the Service Provider reasonably believes that the conveyance of the Gas is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a23.2(a) of the Gas Supply (Safety and Network Management) Regulation 2013 2008 (NSW), then in which case the specification of the Gas so conveyed in the Network or delivered to Delivery Points is deemed to be the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2)23.2. (bc) ActewAGL is not obliged to provide a As between the Service if Provider and the User, the User must ensure and procure that Gas delivered at a to each Relevant Receipt Point does not comply complies with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL The Service Provider will not be liable for, and the User will indemnify and hold ActewAGL the Service Provider harmless from and against, any and all Damages or claims in connection with or arising as a result of the delivery of Gas by or on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL caused that Damage or claimSpecification.

Appears in 1 contract

Samples: Reference Services Agreement

Specification Gas. (a) As between ActewAGL Evoenergy and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point complies with the following requirements (the Specification): (i) the specification prescribed by Gas Law applicable to Receipt Points in any New South Wales for Law, including but not limited to any period regulation made under the Gas Supply Act 1996 (NSW) applying during this Agreement, which Agreement that extends to any such Gas; (ii) where the Gas Law referred to in clause 10.1(a)(i8.1(a)(i)8.1 (a) (i)9.1(a)(i)10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no relevant Gas such Law, the initial specification set out in Annexure 2, as amended from time to time by ActewAGL Evoenergy in response to a change of circumstances where the change is of a type reasonably likely to impact on ActewAGLEvoenergy’s ability to ensure the continued quality, safety, reliability and security of supply of Gas;; and (iii) where any Safety Regulator (for avoidance of doubt, including the Director General) issues an exemption to ActewAGL Evoenergy in relation to the specification of Gas (for avoidance of doubt, including under the requirements of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW)) ), then the specification under clause 10.1(a)(i8.1(a)(i)8.1 (a) (i)9.1(a)(i)10.1(a)(i) or clause 10.1(a)(ii8.1(a)(ii)8.1(a)(ii)9.1(a)(ii)10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption; and. (ivb) where ActewAGL Where Evoenergy reasonably believes that the conveyance of Gas which does not meet the Gas Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then the specification of the Gas so conveyed in the Network or delivered to Delivery Points is Evoenergy will be deemed to be have delivered Gas that meets the Specification for the purpose of this Agreement to the extent the Gas is delivered in accordance with regulation 24(2). (bc) ActewAGL Evoenergy is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (cd) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (de) ActewAGL will not be liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as The quantity of Out-of-Specification Gas delivered to a result of the delivery of Gas by or Receipt Point on behalf of the User at any Receipt Point which does not meet the Specification unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL caused that Damage or claim.will be determined by Xxxxxxxxx as follows:

Appears in 1 contract

Samples: Reference Service Agreement

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