Common use of Tariffs and Charges Clause in Contracts

Tariffs and Charges. 1. Upstream Network Operators shall issue monthly invoices to their downstream Network Operators on the basis of the upstream Network Operator's network tariffs which shall be applied to the amount of Inter-System Capacity currently held or (as the case may be) the proportion of the Maximum Hourly Supply Rate actually used by that down- stream Network Operator plus taxes and other public charges payable in respect thereof. TSOs shall charge the pass-through amounts recoverable under section 7 for biogas and under section 10 for the Gas Quality Switchover process to the downstream Net- work Operator(s) directly connected to the TSO’s network in addition to the network tar- iffs payable under section 6(4)(a) above. In all other cases the network charges in- voiced to downstream Network Operators shall include the biogas and Gas Quality Switchover pass-through amounts, which are passed on to downstream Network Oper- ators as part of the applicable network tariffs. 2. If the level of the tariffs charged pursuant to paragraph (1) above changes due to statu- tory provisions and/or administrative decisions and/or court decisions, the changed tar- iffs as determined in compliance with the relevant statutory provision and/or administra- tive decision and/or court decision shall apply from the date on which that statutory pro- vision and/or decision takes effect; where the tariffs change due to an administrative de- cision the changed tariffs shall apply from the date the decision becomes enforceable. 3. Where an upstream Network Operator's allowed revenue is determined or adjusted un- der the incentive regulation regime, the upstream Network Operator shall have the right to raise the original network tariffs applicable in respect of Inter-System Capacity Appli- cations with effect from 1 January of the following calendar year where and to the extent that the allowed revenue thus determined or adjusted so permits. The upstream Net- work Operator shall have an obligation to reduce its network tariffs where and to the ex- tent that the allowed revenue thus determined or adjusted so mandates. If the upstream Network Operator is a transmission system operator, the latter is also entitled to adjust the network charges in accordance with Regulation (EU) 2017/460 of 16 March 2017 ("NC TAR") as well as its transposition in national law annually by 1 January of the fol- lowing calendar year. In addition, the transmission system operator may also adjust the network charges during the year in the cases referred to in Article 12

Tariffs and Charges. 1. Upstream Network Operators shall issue monthly invoices to their downstream Network Operators on the basis of the upstream Network Operator's network tariffs which shall be applied to the amount of Inter-System Capacity currently held or (as the case may be) the proportion of the Maximum Hourly Supply Rate actually used by that down- stream downstream Network Operator plus taxes and other public charges payable in respect thereof. TSOs shall charge the pass-through amounts recoverable under section 7 for biogas and under section 10 for the Gas Quality Switchover process to the downstream Net- work Network Operator(s) directly connected to the TSO’s network in addition to the network tar- iffs tariffs payable under section 6(4)(a) above. In all other cases the network charges in- voiced invoiced to downstream Network Operators shall include the biogas and Gas Quality Switchover pass-through amounts, which are passed on to downstream Network Oper- ators Operators as part of the applicable network tariffs. 2. If the level of the tariffs charged pursuant to paragraph (1) above changes due to statu- tory statutory provisions and/or administrative decisions and/or court decisions, the changed tar- iffs tariffs as determined in compliance with the relevant statutory provision and/or administra- tive administrative decision and/or court decision shall apply from the date on which that statutory pro- vision provision and/or decision takes effect; where the tariffs change due to an administrative de- cision decision the changed tariffs shall apply from the date the decision becomes enforceable. 3. Where an upstream Network Operator's allowed revenue is determined or adjusted un- der under the incentive regulation regime, the upstream Network Operator shall have the right to raise the original network tariffs applicable in respect of Inter-System Capacity Appli- cations Applications with effect from 1 January of the following calendar year where and to the extent that the allowed revenue thus determined or adjusted so permits. The upstream Net- work Network Operator shall have an obligation to reduce its network tariffs where and to the ex- tent extent that the allowed revenue thus determined or adjusted so mandates. If the upstream Network Operator is a transmission system operator, the latter is also entitled to adjust the network charges in accordance with Regulation (EU) 2017/460 of 16 March 2017 ("NC TAR") as well as its transposition in national law annually by 1 January of the fol- lowing following calendar year. In addition, the transmission system operator may also adjust the network charges during the year in the cases referred to in Article 12

Tariffs and Charges. 1. Upstream Network Operators shall issue monthly invoices to their downstream Network Operators on the basis of the upstream Network Operator's network tariffs which shall be applied to the amount of Inter-System Capacity currently held or (as the case may be) the proportion of the Maximum Hourly Supply Rate actually used by that down- stream Network Operator plus taxes and other public charges payable in respect thereofthere- of. TSOs shall charge the pass-through amounts recoverable under section 7 for biogas and under section 10 for the Gas Quality Switchover process to the downstream Net- work Operator(s) directly connected to the TSO’s network in addition to the network tar- iffs payable under section 6(4)(a) above. In all other cases the network charges in- voiced to downstream Network Operators shall include the biogas and Gas Quality Switchover pass-through amounts, which are passed on to downstream Network Oper- ators as part of the applicable network tariffs. 2. If the level of the tariffs charged pursuant to paragraph (1) above changes due to statu- tory provisions and/or administrative decisions and/or court decisions, the changed tar- iffs as determined in compliance with the relevant statutory provision and/or administra- tive decision and/or court decision shall apply from the date on which that statutory pro- vision and/or decision takes effect; where the tariffs change due to an administrative de- cision decision the changed tariffs shall apply from the date the decision becomes enforceableenforcea- ble. 3. Where an upstream Network Operator's allowed revenue is determined or adjusted un- der under the incentive regulation regime, the upstream Network Operator shall have the right to raise the original network tariffs applicable in respect of Inter-System Capacity Appli- cations Applications with effect from 1 January of the following calendar year where and to the extent that the allowed revenue thus determined or adjusted so permits. The upstream Net- work Network Operator shall have an obligation to reduce its network tariffs where and to the ex- tent extent that the allowed revenue thus determined or adjusted so mandates. If Where the upstream Network Operator is changes its network tariffs (price sheets), it shall give no- xxxx thereof to its downstream Network Operator(s) in Text Form in good time before 1 January and in compliance with the relevant notice periods required by law. 4. Except as otherwise stipulated herein, upstream Network Operators shall have the right and obligation to change their tariffs, individual components thereof and/or any charges to be levied in addition thereto with immediate effect where and to the extent necessary to reflect a transmission system operatorchange in or introduction of taxes and/or other public charges or neutrality or pass-through charges imposed by a public body which relate to the transportation of gas insofar as they are not included in the upstream Network Operator's allowed reve- nue. 5. Upstream Network Operators shall issue their invoices for network charges pursuant to paragraph (1) above to their downstream Network Operators by the 1st Business Day of the month to which the charges relate. Payment must be made by the 15th calendar day of that month using a fixed value date. 6. If the gas flow received by a downstream Network Operator exceeds its Inter-System Capacity entitlement, such overrun shall be charged in respect of the month in which the overrun occurred at the applicable tariff pursuant to paragraph (1) published for that month. Where a Capacity overrun was caused by a particular flow profile which was im- plemented by the downstream Network Operator pursuant to an agreement between the Network Operators and/or Market Area Manager(s) involved, the latter is also entitled downstream Net- work Operator shall not incur a charge. 7. Where an Inter-System Capacity or (as the case may be) Maximum Hourly Supply Rate overrun occurs, the downstream Network Operator shall be liable to adjust the network charges upstream Net- work Operator to pay a reasonable penalty in line with accepted market practice as pub- lished on the upstream Network Operator's website, which shall be payable in respect of the full amount by which the downstream Network Operator exceeded its Inter- System Capacity or Maximum Hourly Supply Rate entitlement, except where the down- stream Network Operator has duly determined the amount of Inter-System Capacity or Maximum Hourly Supply Rate originally applied for or notified in respect of the relevant year in accordance with Regulation the principles set forth in sections 13 and 14 above and where it has revised that amount in compliance with the provisions of section 15 above where necessary. The downstream Network Operator shall also pay a reasonable penalty in line with accepted market practice in respect of an Inter-System Capacity or Maximum Hourly Supply Rate overrun even where it has duly determined the amount of its Inter- System Capacity Application or Maximum Hourly Supply Rate notification where and to the extent that it can demand payment of a penalty in respect of that Inter-System Ca- pacity or Maximum Hourly Supply Rate overrun from its own downstream Network Op- erators under this paragraph (EU7) 2017/460 of 16 March 2017 or from Shippers. The downstream Network Operator shall further pay a reasonable penalty in line with accepted market practice as defined in sentence 1 above where and to the extent that it culpably fails to implement any interruption potential notified to the upstream Network Operator under section 21(1) and instructed to be implemented by the upstream Net- work Operator under section 21(4) or ("NC TAR") 6). Nothing in this paragraph shall preclude the upstream Network Operator from asserting a claim for any loss or damage suffered by the upstream Network Operator as well as its transposition in national law annually by 1 January a conse- quence of the fol- lowing calendar yearoverrun in question. In addition, the transmission system operator may also adjust the network charges during the year Any such claim for damages shall be offset against any penalty payments already made in the cases referred to in Article 12respect of that overrun.