TERMINAL OPERATOR'S FAILURE TO CONFORM Sample Clauses

TERMINAL OPERATOR'S FAILURE TO CONFORM. 3.3.1 If Terminal Operator makes Off-Specification Natural Gas available at the Redelivery Point and provided Shipper’s LNG complied with the Specification for the Delivery Point, Shipper may refuse but shall use reasonable endeavours, without prejudice to any other right or remedy it may have, to receive and accept in whole or in part any Off- Specification Natural Gas, subject to Terminal Operator: (i) requesting the Transmission System Operator to accept Off-Specification Natural Gas at the Redelivery Point; and (ii) Terminal Operator reimbursing Shipper all reasonable direct costs, direct expenses and other direct losses actually incurred by Shipper which are properly documented and presented to Terminal Operator due to the failure of Terminal Operator to comply with the Specification for the Redelivery Point. Shipper shall take all reasonable measures to minimize such direct costs, direct expenses and direct losses, which Shipper may incur.
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TERMINAL OPERATOR'S FAILURE TO CONFORM.  If Terminal Operator makes Off-Specification Natural Gas available at the Redelivery Point and provided Shipper’s LNG complied with the Specification for the Delivery Point, Shipper may refuse but shall use reasonable endeavours, without prejudice to any other right or remedy it may have, to receive and accept in whole or in part any Off- Specification Natural Gas, subject to Terminal Operator: (i) requesting the Transmission System Operator to accept Off-Specification Natural Gas at the Redelivery Point; and (ii) Terminal Operator reimbursing Shipper all reasonable direct costs, direct expenses and other direct losses actually incurred by Shipper which are properly documented and presented to Terminal Operator due to the failure of Terminal Operator to comply with the Specification for the Redelivery Point. Shipper shall take all reasonable measures to minimize such direct costs, direct expenses and direct losses, which Shipper may incur.  If Off-Specification Natural Gas is redelivered at the Redelivery Point without having been accepted by Shipper, and provided Shipper’s LNG complied with the Specification for the Delivery Point, Terminal Operator shall reimburse Shipper all reasonable direct costs, direct expenses and other direct losses actually incurred by Shipper which are properly documented and presented to Terminal Operator due to Terminal Operator’s failure to redeliver Natural Gas in compliance with the Specification for the Redelivery Point, provided Shipper takes all reasonable measures to minimize such direct costs, direct expenses and other direct losses which Shipper may incur. This GC 3.3.2 shall also apply if Terminal Operator has accepted Off-Specification LNG from Other Shipper(s) or Other User(s) under GC 3.2.4 without consulting with Shipper or after Shipper has refused to allow Terminal Operator to commingle its LNG already within the LNG Terminal with such Off Specification LNG.
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TERMINAL OPERATOR'S FAILURE TO CONFORM. 3.3.1 If the Terminal Operator fails to conform with its obligation under GC 3.1.2, the Transshipper may refuse at its sole discretion but shall use reasonable endeavours to receive and accept in whole or in part any LNG of different quality, without prejudice to GC 10 (Liabilities) or to any other right or remedy it may have, subject to the Terminal Operator reimbursing the Transshipper all direct costs, direct expenses and other direct losses actually incurred by the Transshipper which are properly documented and presented to the Terminal Operator due to the failure of the Terminal Operator to conform to the quality of the LNG previously delivered at the Delivery Point for Transshipment. The Transshipper shall take all reasonable measures to minimize such direct costs, direct expenses and direct losses which the Transshipper may incur.
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Related to TERMINAL OPERATOR'S FAILURE TO CONFORM

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  • Failure to Achieve Commercial Operation If the Large Generating Facility fails to achieve Commercial Operation, but it or another generating facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facility, if different, is responsible for identifying and demonstrating to the Participating TO the appropriate entity to which reimbursement must be made in order to implement the intent of this reimbursement obligation.

  • Scope of Interconnection Service 1.3.1 The NYISO will provide Energy Resource Interconnection Service to Interconnection Customer at the Point of Interconnection.

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  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

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  • Transmission Delivery Service Implications Network Resource Interconnection Service allows Interconnection Customer's Large Generating Facility to be designated by any Network Customer under the Tariff on Transmission Provider's Transmission System as a Network Resource, up to the Large Generating Facility's full output, on the same basis as existing Network Resources interconnected to Transmission Provider's Transmission System, and to be studied as a Network Resource on the assumption that such a designation will occur. Although Network Resource Interconnection Service does not convey a reservation of transmission service, any Network Customer under the Tariff can utilize its network service under the Tariff to obtain delivery of energy from the interconnected Interconnection Customer's Large Generating Facility in the same manner as it accesses Network Resources. A Large Generating Facility receiving Network Resource Interconnection Service may also be used to provide Ancillary Services after technical studies and/or periodic analyses are performed with respect to the Large Generating Facility's ability to provide any applicable Ancillary Services, provided that such studies and analyses have been or would be required in connection with the provision of such Ancillary Services by any existing Network Resource. However, if an Interconnection Customer's Large Generating Facility has not been designated as a Network Resource by any load, it cannot be required to provide Ancillary Services except to the extent such requirements extend to all generating facilities that are similarly situated. The provision of Network Integration Transmission Service or firm Point-to-Point Transmission Service may require additional studies and the construction of additional upgrades. Because such studies and upgrades would be associated with a request for delivery service under the Tariff, cost responsibility for the studies and upgrades would be in accordance with FERC's policy for pricing transmission delivery services. Network Resource Interconnection Service does not necessarily provide Interconnection Customer with the capability to physically deliver the output of its Large Generating Facility to any particular load on Transmission Provider's Transmission System without incurring congestion costs. In the event of transmission constraints on Transmission Provider's Transmission System, Interconnection Customer's Large Generating Facility shall be subject to the applicable congestion management procedures in Transmission Provider's Transmission System in the same manner as Network Resources. There is no requirement either at the time of study or interconnection, or at any point in the future, that Interconnection Customer's Large Generating Facility be designated as a Network Resource by a Network Service Customer under the Tariff or that Interconnection Customer identify a specific buyer (or sink). To the extent a Network Customer does designate the Large Generating Facility as a Network Resource, it must do so pursuant to Transmission Provider's Tariff. Once an Interconnection Customer satisfies the requirements for obtaining Network Resource Interconnection Service, any future transmission service request for delivery from the Large Generating Facility within Transmission Provider's Transmission System of any amount of capacity and/or energy, up to the amount initially studied, will not require that any additional studies be performed or that any further upgrades associated with such Large Generating Facility be undertaken, regardless of whether or not such Large Generating Facility is ever designated by a Network Customer as a Network Resource and regardless of changes in ownership of the Large Generating Facility. However, the reduction or elimination of congestion or redispatch costs may require additional studies and the construction of additional upgrades. To the extent Interconnection Customer enters into an arrangement for long term transmission service for deliveries from the Large Generating Facility outside Transmission Provider's Transmission System, such request may require additional studies and upgrades in order for Transmission Provider to grant such request.

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