Common use of Transfer of 2010 Service Delivery Points at commencement of 2016 Access Arrangement Clause in Contracts

Transfer of 2010 Service Delivery Points at commencement of 2016 Access Arrangement. (a) The User may by written notice to ActewAGL add all 2010 Service Delivery Points to the Relevant Customer List as Delivery Points under this Agreement (Bulk Transfer), provided: (i) this Agreement is executed by the User on or before the date which is 2 weeks after the date the 2016 Access Arrangement came into effect (Sunset Date); and (ii) the User issues a notice under this Agreement formally seeking the Bulk Transfer within 3 Business Days after the execution of this Agreement. (b) This clause 11.4 ceases to have effect 4 Business Days after the Sunset Date if the User does not sign this Agreement and give a notice under clause 11.4(a). (c) Where the User issues a notice of a Bulk Transfer under clause 11.4(a): (i) the Bulk Transfer will occur at the start of the following month after the date of that notice (Bulk Transfer Date); (ii) the total charges payable by the User under this Agreement and any Gas Transport Service Agreement for all Delivery Points, the subject of a Bulk Transfer under this Agreement (Bulk Transfer Delivery Points) will not exceed the amount that would have been payable had all such Delivery Points been subject to this Agreement as from the first Day the 2016 Access Arrangement came into effect; (iii) subject to clause 11.4(c)(iv) and 11.4(c)(vi), from the Bulk Transfer Date, each Bulk Transfer Delivery Point will be assigned to a Tariff Category (Default Tariff Category) depending on the type of service provided to that Delivery Point immediately prior to the Bulk Transfer Date as follows: 2010 Service provided to the Bulk Transfer Delivery Point immediately prior to the Bulk Transfer Date Tariff Category applicable to that Delivery Point under this Agreement Tariff Service VRI Throughput Service DBT Capacity Reservation Service or Managed Capacity Service, and a Capped Charge applied to the Delivery Point DBT Capacity Reservation Service or Managed Capacity Service other than as described above DBC (iv) where a Delivery Point qualifies for assignment to the DBG, VBS, VBM, VRH, VRB or VRG Tariff Categories in accordance with the Access Arrangement, the User may elect that such Delivery Point is assigned at the Bulk Transfer Date to that Tariff Category instead of the Default Tariff Category assigned to it by the table in clause 11.4(c)(iii); (v) the Assignment Date for the assignment of each Bulk Transfer Delivery Point to a Tariff Category pursuant to clause 11.4(c)(iii) or clause 11.4(c)(iv) will be deemed to be 1 July 2016 provided, in relation to clause 11.4(c)(iv) at the time of giving notice of a Bulk Transfer under clause 11.4(a) the User provides ActewAGL in a schedule to that notice: (A) a list of the Delivery Points to be assigned to a different Tariff Category to the Default Tariff Category; (B) the requested Tariff Category for each Delivery Point; and (C) where applicable, information to demonstrate eligibility to the requested Tariff Category for each Delivery Point in accordance with the Access Arrangement; (vi) the MHQ, MDQ and ELMS Data for a Bulk Transfer Delivery Point will be equivalent to any MHQ, MDQ and ELMS Data applicable to that Delivery Point immediately prior to the Bulk Transfer Date; (vii) subject to clauses 11.4(c)(viii) and 11.4(c)(ix), for each Demand Customer Delivery Point the Chargeable Demand will be equal to the ninth-highest Quantity of Gas withdrawn from that Delivery Point in a Day in the period 1 July 2015 to 30 June 2016 and the MDQ will be reduced to equal the Chargeable Demand. 1 July 2016 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand; (viii) the User may elect to maintain the MDQ and the Chargeable Demand for any Bulk Transfer Delivery Point at the same level as applied to the MDQ immediately prior to the Bulk Transfer Date. 1 July 2015 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand; and (ix) if there is any pre-existing agreement between ActewAGL and the User to maintain a certain level of MDQ for a minimum time which ActewAGL has relied upon when making capital expenditure in relation to a service to the Delivery Point, the initial Chargeable Demand will be that agreed level of MDQ. 1 July 2015 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand. (d) In the event that any Bulk Transfer Delivery Points are the subject of a service under a Gas Transport Service Agreement immediately prior to the Bulk Transfer Date which is not equivalent to a Reference Service, the User and ActewAGL will consult together to agree either: (i) how to accommodate the transfer of the Delivery Point to this Agreement, without disadvantaging the reasonable commercial and technical interests of both the User and ActewAGL; or (ii) to provide the service as a negotiated service and to commence good faith negotiations to finalise such agreement as soon as reasonably possible. (e) Any subsequent changes to the MDQ, MHQ, Tariff Category, Chargeable Demand, Load Shedding Priority or any other information in the Relevant Customer List will be made in accordance with the terms of this Agreement. (f) ActewAGL and the User agree that any Gas Transport Service Agreements between them are terminated and will have no further effect as at the Bulk Transfer Date, and neither of them will have any obligation to the other under those terminated agreements, other than an obligation which has accrued prior to the date of termination, or which is expressed to continue after termination. (g) For avoidance of doubt, clause 8.5 of the Access Arrangement applies to a Delivery Point assigned to a Tariff Category in respect of a Bulk Transfer such that if a Delivery Point is assigned to a Tariff Category to which it is not eligible, ActewAGL may: (i) by notice in writing to the User re-assign the Delivery Point to the Default Tariff Category with retrospective effect to the Assignment Date; and (ii) adjust the Charges and recover the adjusted Charges from the User, except to the extent that the Gas Law prevents the User from recovering such adjusted Charges from the relevant Customer.

Transfer of 2010 Service Delivery Points at commencement of 2016 Access Arrangement. (a) The User may by written notice to ActewAGL add all 2010 Service Delivery Points to the Relevant Customer List as Delivery Points under this Agreement (Bulk Transfer), provided: (i) this Agreement is executed by the User on or before the date which is 2 weeks after the date the 2016 Access Arrangement came into effect (Sunset Date); and (ii) the User issues a notice under this Agreement formally seeking the Bulk Transfer within 3 Business Days after the execution of this Agreement. (b) This clause 11.4 ceases to have effect 4 Business Days after the Sunset Date if the User does not sign this Agreement and give a notice under clause 11.4(a). (c) Where the User issues a notice of a Bulk Transfer under clause 11.4(a): (i) the Bulk Transfer will occur at the start of the following month after the date of that notice (Bulk Transfer Date); (ii) the total charges payable by the User under this Agreement and any Gas Transport Service Agreement for all Delivery Points, the subject of a Bulk Transfer under this Agreement (Bulk Transfer Delivery Points) will not exceed the amount that would have been payable had all such Delivery Points been subject to this Agreement as from the first Day the 2016 Access Arrangement came into effect; (iii) subject to clause 11.4(c)(iv) and 11.4(c)(vi), from the Bulk Transfer Date, each Bulk Transfer Delivery Point will be assigned to a Tariff Category (Default Tariff Category) depending on the type of service provided to that Delivery Point immediately prior to the Bulk Transfer Date as follows: 2010 Service provided to the Bulk Transfer Delivery Point immediately prior to the Bulk Transfer Date Tariff Category applicable to that Delivery Point under this Agreement Tariff Service VRI Throughput Service DBT Capacity Reservation Service or Managed DBT 2010 Service provided to the Bulk Transfer Delivery Point immediately prior to the Bulk Transfer Date Tariff Category applicable to that Delivery Point under this Agreement Capacity Service, and a Capped Charge applied to the Delivery Point DBT Capacity Reservation Service or Managed Capacity Service other than as described above DBC (iv) where a Delivery Point qualifies for assignment to the DBG, VBS, VBM, VRH, VRB or VRG Tariff Categories in accordance with the Access Arrangement, the User may elect that such Delivery Point is assigned at the Bulk Transfer Date to that Tariff Category instead of the Default Tariff Category assigned to it by the table in clause 11.4(c)(iii); (v) the Assignment Date for the assignment of each Bulk Transfer Delivery Point to a Tariff Category pursuant to clause 11.4(c)(iii) or clause 11.4(c)(iv) will be deemed to be 1 July 2016 provided, in relation to clause 11.4(c)(iv): (A) at least 3 months’ prior to 1 July 2016,at the time of giving notice of a Bulk Transfer under clause 11.4(a) the User provides ActewAGL in within a schedule to that notice: 1) (A) a list of the Delivery Points to be assigned to a different Tariff Category to the Default Tariff Category; (B) the requested Tariff Category for each Delivery Point; and (C) where applicable, information to demonstrate eligibility to the requested Tariff Category for each Delivery Point in accordance with the Access Arrangement; (vi) the MHQ, MDQ and ELMS Data for a Bulk Transfer Delivery Point will be equivalent to any MHQ, MDQ and ELMS Data applicable to that Delivery Point immediately prior to the Bulk Transfer Date; (vii) subject to clauses 11.4(c)(viii) and 11.4(c)(ix), for each Demand Customer Delivery Point the Chargeable Demand will be equal to the ninth-highest Quantity of Gas withdrawn from that Delivery Point in a Day in the period 1 July 2015 to 30 June 2016 and the MDQ will be reduced to equal the Chargeable Demand. 1 July 2016 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand; (viii) the User may elect to maintain the MDQ and the Chargeable Demand for any Bulk Transfer Delivery Point at the same level as applied to the MDQ immediately prior to the Bulk Transfer Date. 1 July 2015 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand; and (ix) if there is any pre-existing agreement between ActewAGL and the User to maintain a certain level of MDQ for a minimum time which ActewAGL has relied upon when making capital expenditure in relation to a service to the Delivery Point, the initial Chargeable Demand will be that agreed level of MDQ. 1 July 2015 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand. (d) In the event that any Bulk Transfer Delivery Points are the subject of a service under a Gas Transport Service Agreement immediately prior to the Bulk Transfer Date which is not equivalent to a Reference Service, the User and ActewAGL will consult together to agree either: (i) how to accommodate the transfer of the Delivery Point to this Agreement, without disadvantaging the reasonable commercial and technical interests of both the User and ActewAGL; or (ii) to provide the service as a negotiated service and to commence good faith negotiations to finalise such agreement as soon as reasonably possible. (e) Any subsequent changes to the MDQ, MHQ, Tariff Category, Chargeable Demand, Load Shedding Priority or any other information in the Relevant Customer List will be made in accordance with the terms of this Agreement. (f) ActewAGL and the User agree that any Gas Transport Service Agreements between them are terminated and will have no further effect as at the Bulk Transfer Date, and neither of them will have any obligation to the other under those terminated agreements, other than an obligation which has accrued prior to the date of termination, or which is expressed to continue after termination. (g) For avoidance of doubt, clause 8.5 of the Access Arrangement applies to a Delivery Point assigned to a Tariff Category in respect of a Bulk Transfer such that if a Delivery Point is assigned to a Tariff Category to which it is not eligible, ActewAGL may: (i) by notice in writing to the User re-assign the Delivery Point to the Default Tariff Category with retrospective effect to the Assignment Date; and (ii) adjust the Charges and recover the adjusted Charges from the User, except to the extent that the Gas Law prevents the User from recovering such adjusted Charges from the relevant Customer.

Transfer of 2010 Service Delivery Points at commencement of 2016 Access Arrangement. (a) The User may by written notice to ActewAGL add all 2010 Service Delivery Points to the Relevant Customer List as Delivery Points under this Agreement (Bulk Transfer), provided: (i) this Agreement is executed by the User on or before the date which is 2 weeks after the date the 2016 Access Arrangement came into effect (Sunset Date); and (ii) the User issues a notice under this Agreement formally seeking the Bulk Transfer within 3 Business Days after the execution of this Agreement. (b) This clause 11.4 ceases to have effect 4 Business Days after the Sunset Date if the User does not sign this Agreement and give a notice under clause 11.4(a)Date. (c) Where the User issues a notice of a Bulk Transfer under clause 11.4(a):Transfer: (i) the Bulk Transfer will occur at the start of the following month after the date of that notice (Bulk Transfer Date); (ii) the total charges payable by the User under this Agreement and any Gas Transport Service Agreement for all Delivery Points, the subject of a Bulk Transfer under this Agreement (Bulk Transfer Delivery Points) will not exceed the amount that would have been payable had all such Delivery Points been subject to this Agreement as from the first Day the 2016 Access Arrangement came into effect; (iii) subject to clause 11.4(c)(iv) and 11.4(c)(vi), from the Bulk Transfer Date, each Bulk Transfer Delivery Point will be assigned to a Tariff Category (Default Tariff Category) depending on the type of service provided to that Delivery Point immediately prior to the Bulk Transfer Date as follows: 2010 Service provided to the Bulk Transfer Delivery Point immediately prior to the Bulk Transfer Date Tariff Category applicable to that Delivery Point under this Agreement Tariff Service VRI Throughput Service DBT Capacity Reservation Service or Managed Capacity Service, and a Capped Charge applied to the Delivery Point DBT Capacity Reservation Service or Managed Capacity Service other than as described above DBC (iv) where a Delivery Point qualifies for assignment to the DBG, VBS, VBM, VRH, VRB or VRG Tariff Categories in accordance with the Access Arrangement, the User may elect that such Delivery Point is assigned at the Bulk Transfer Date to that Tariff Category instead of the Default Tariff Category assigned to it by the table in clause 11.4(c)(iii); (v) the Assignment Date for the assignment of each Bulk Transfer Delivery Point to a Tariff Category pursuant to clause 11.4(c)(iii) or clause 11.4(c)(iv) will be deemed to be 1 July 2016 provided, in relation to clause 11.4(c)(iv): (A) at the time of giving notice of a Bulk Transfer under clause 11.4(a) least 3 months’ prior to 1 July 2016, the User provides ActewAGL in a schedule to that noticewith: (A1) a list of the Delivery Points to be assigned to a different Tariff Category to the Default Tariff Category; (B2) the requested Tariff Category for each Delivery Point; and (C3) where applicable, information to demonstrate eligibility to the requested Tariff Category for each Delivery Point in accordance with the Access Arrangement; (B) the User issues a notice under this Agreement formally seeking the tariff assignments described in clause 11.4(c)(v)(A) at the same time as the Bulk Transfer notice under clause 11.4(a)(ii); (C) the tariff assignment list provided under clause 11.4(c)(v)(A) is the same as the formal tariff assignment notice provided under clause 11.4(c)(v)(B); and (D) ActewAGL agrees the Delivery Point is eligible for the requested Tariff Category; (vi) the MHQ, MDQ and ELMS Data for a Bulk Transfer Delivery Point will be equivalent to any MHQ, MDQ and ELMS Data applicable to that Delivery Point immediately prior to the Bulk Transfer Date; (vii) subject to clauses 11.4(c)(viii) and 11.4(c)(ix), for each Demand Customer Delivery Point the Chargeable Demand will be equal to the ninth-highest Quantity of Gas withdrawn from that Delivery Point in a Day in the period 1 July 2015 to 30 June 2016 and the MDQ will be reduced to equal the Chargeable Demand. 1 July 2016 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand; (viii) the User may elect to maintain the MDQ and the Chargeable Demand for any Bulk Transfer Delivery Point at the same level as applied to the MDQ immediately prior to the Bulk Transfer Date. 1 July 2015 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand; and (ix) if there is any pre-existing agreement between ActewAGL and the User to maintain a certain level of MDQ for a minimum time which ActewAGL has relied upon when making capital expenditure in relation to a service to the Delivery Point, the initial Chargeable Demand will be that agreed level of MDQ. 1 July 2015 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand. (d) In the event that any Bulk Transfer Delivery Points are the subject of a service under a Gas Transport Service Agreement immediately prior to the Bulk Transfer Date which is not equivalent to a Reference Service, the User and ActewAGL will consult together to agree either: (i) how to accommodate the transfer of the Delivery Point to this Agreement, without disadvantaging the reasonable commercial and technical interests of both the User and ActewAGL; or (ii) to provide the service as a negotiated service and to commence good faith negotiations to finalise such agreement as soon as reasonably possible. (e) Any subsequent changes to the MDQ, MHQ, Tariff Category, Chargeable Demand, Load Shedding Priority or any other information in the Relevant Customer List will be made in accordance with the terms of this Agreement. (f) ActewAGL and the User agree that any Gas Transport Service Agreements between them are terminated and will have no further effect as at the Bulk Transfer Date, and neither of them will have any obligation to the other under those terminated agreements, other than an obligation which has accrued prior to the date of termination, or which is expressed to continue after termination. (g) For avoidance of doubt, clause 8.5 of the Access Arrangement applies to a Delivery Point assigned to a Tariff Category in respect of a Bulk Transfer such that if a Delivery Point is assigned to a Tariff Category to which it is not eligible, ActewAGL may: (i) by notice in writing to the User re-assign the Delivery Point to the Default Tariff Category with retrospective effect to the Assignment Date; and (ii) adjust the Charges and recover the adjusted Charges from the User, except to the extent that the Gas Law prevents the User from recovering such adjusted Charges from the relevant Customer.

Transfer of 2010 Service Delivery Points at commencement of 2016 Access Arrangement. (a) The User may by written notice to ActewAGL add all 2010 Service Delivery Points to the Relevant Customer List as Delivery Points under this Agreement (Bulk Transfer), provided: (i) this Agreement is executed by the User on or before the date which is 2 weeks after the date the 2016 Access Arrangement came into effect (Sunset Date); and (ii) the User issues a notice under this Agreement formally seeking the Bulk Transfer within 3 Business Days after the execution of this Agreement. (b) This clause 11.4 ceases to have effect 4 Business Days after the Sunset Date if the User does not sign this Agreement and give a notice under clause 11.4(a). (c) Where the User issues a notice of a Bulk Transfer under clause 11.4(a): (i) the Bulk Transfer will occur at the start of the following month after the date of that notice (Bulk Transfer Date); (ii) the total charges payable by the User under this Agreement and any Gas Transport Service Agreement for all Delivery Points, the subject of a Bulk Transfer under this Agreement (Bulk Transfer Delivery Points) will not exceed the amount that would have been payable had all such Delivery Points been subject to this Agreement as from the first Day the 2016 Access Arrangement came into effect; (iii) subject to clause 11.4(c)(iv) and 11.4(c)(vi), from the Bulk Transfer Date, each Bulk Transfer Delivery Point will be assigned to a Tariff Category (Default Tariff Category) depending on the type of service provided to that Delivery Point immediately prior to the Bulk Transfer Date as follows: 2010 Service provided to the Bulk Transfer Delivery Point immediately prior to the Bulk Transfer Date Tariff Category applicable to that Delivery Point under this Agreement Tariff Service VRI Throughput Service DBT Capacity Reservation Service or Managed DBT 2010 Service provided to the Bulk Transfer Delivery Point immediately prior to the Bulk Transfer Date Tariff Category applicable to that Delivery Point under this Agreement Capacity Service, and a Capped Charge applied to the Delivery Point DBT Capacity Reservation Service or Managed Capacity Service other than as described above DBC (iv) where a Delivery Point qualifies for assignment to the DBG, VBS, VBM, VRH, VRB or VRG Tariff Categories in accordance with the Access Arrangement, the User may elect that such Delivery Point is assigned at the Bulk Transfer Date to that Tariff Category instead of the Default Tariff Category assigned to it by the table in clause 11.4(c)(iii); (v) the Assignment Date for the assignment of each Bulk Transfer Delivery Point to a Tariff Category pursuant to clause 11.4(c)(iii) or clause 11.4(c)(iv) will be deemed to be 1 July 2016 provided, in relation to clause 11.4(c)(iv) at the time of giving notice of a Bulk Transfer under clause 11.4(a) the User provides ActewAGL in a schedule to that notice: (A) a list of the Delivery Points to be assigned to a different Tariff Category to the Default Tariff Category; (B) the requested Tariff Category for each Delivery Point; and (C) where applicable, information to demonstrate eligibility to the requested Tariff Category for each Delivery Point in accordance with the Access Arrangement; (vi) the MHQ, MDQ and ELMS Data for a Bulk Transfer Delivery Point will be equivalent to any MHQ, MDQ and ELMS Data applicable to that Delivery Point immediately prior to the Bulk Transfer Date; (vii) subject to clauses 11.4(c)(viii) and 11.4(c)(ix), for each Demand Customer Delivery Point the Chargeable Demand will be equal to the ninth-highest Quantity of Gas withdrawn from that Delivery Point in a Day in the period 1 July 2015 to 30 June 2016 and the MDQ will be reduced to equal the Chargeable Demand. 1 July 2016 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand; (viii) the User may elect to maintain the MDQ and the Chargeable Demand for any Bulk Transfer Delivery Point at the same level as applied to the MDQ immediately prior to the Bulk Transfer Date. 1 July 2015 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand; and (ix) if there is any pre-existing agreement between ActewAGL and the User to maintain a certain level of MDQ for a minimum time which ActewAGL has relied upon when making capital expenditure in relation to a service to the Delivery Point, the initial Chargeable Demand will be that agreed level of MDQ. 1 July 2015 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand. (d) In the event that any Bulk Transfer Delivery Points are the subject of a service under a Gas Transport Service Agreement immediately prior to the Bulk Transfer Date which is not equivalent to a Reference Service, the User and ActewAGL will consult together to agree either: (i) how to accommodate the transfer of the Delivery Point to this Agreement, without disadvantaging the reasonable commercial and technical interests of both the User and ActewAGL; or (ii) to provide the service as a negotiated service and to commence good faith negotiations to finalise such agreement as soon as reasonably possible. (e) Any subsequent changes to the MDQ, MHQ, Tariff Category, Chargeable Demand, Load Shedding Priority or any other information in the Relevant Customer List will be made in accordance with the terms of this Agreement. (f) ActewAGL and the User agree that any Gas Transport Service Agreements between them are terminated and will have no further effect as at the Bulk Transfer Date, and neither of them will have any obligation to the other under those terminated agreements, other than an obligation which has accrued prior to the date of termination, or which is expressed to continue after termination. (g) For avoidance of doubt, clause 8.5 of the Access Arrangement applies to a Delivery Point assigned to a Tariff Category in respect of a Bulk Transfer such that if a Delivery Point is assigned to a Tariff Category to which it is not eligible, ActewAGL may: (i) by notice in writing to the User re-assign the Delivery Point to the Default Tariff Category with retrospective effect to the Assignment Date; and (ii) adjust the Charges and recover the adjusted Charges from the User, except to the extent that the Gas Law prevents the User from recovering such adjusted Charges from the relevant Customer.

Transfer of 2010 Service Delivery Points at commencement of 2016 Access Arrangement. ‌ (a) The User may by written notice to ActewAGL add all 2010 Service Delivery Points to the Relevant Customer List as Delivery Points under this Agreement (Bulk Transfer), provided:provided:‌ (i) this Agreement is executed by the User on or before the date which is 2 weeks after the date the 2016 Access Arrangement came into effect (Sunset Date); and (ii) the User issues a notice under this Agreement formally seeking the Bulk Transfer within 3 Business Days after the execution of this Agreement. (b) This clause 11.4 ceases to have effect 4 Business Days after the Sunset Date if the User does not sign this Agreement and give a notice under clause 11.4(a). (c) Where the User issues a notice of a Bulk Transfer under clause 11.4(a): (i) the Bulk Transfer will occur at the start of the following month after the date of that notice (Bulk Transfer Date);Date);‌ (ii) the total charges payable by the User under this Agreement and any Gas Transport Service Agreement for all Delivery Points, the subject of a Bulk Transfer under this Agreement (Bulk Transfer Delivery Points) will not exceed the amount that would have been payable had all such Delivery Points been subject to this Agreement as from the first Day the 2016 Access Arrangement came into effect;effect;‌ (iii) subject to clause 11.4(c)(iv) and 11.4(c)(vi), from the Bulk Transfer Date, each Bulk Transfer Delivery Point will be assigned to a Tariff Category (Default Tariff Category) depending on the type of service provided to that Delivery Point immediately prior to the Bulk Transfer Date as follows: follows:‌ 2010 Service provided to the Bulk Transfer Delivery Point immediately prior to the Bulk Transfer Date Tariff Category applicable to that Delivery Point under this Agreement Tariff Service VRI Throughput Service DBT Capacity Reservation Service or Managed DBT 2010 Service provided to the Bulk Transfer Delivery Point immediately prior to the Bulk Transfer Date Tariff Category applicable to that Delivery Point under this Agreement Capacity Service, and a Capped Charge applied to the Delivery Point DBT Capacity Reservation Service or Managed Capacity Service other than as described above DBC (iv) where a Delivery Point qualifies for assignment to the DBG, VBS, VBM, VRH, VRB or VRG Tariff Categories in accordance with the Access Arrangement, the User may elect that such Delivery Point is assigned at the Bulk Transfer Date to that Tariff Category instead of the Default Tariff Category assigned to it by the table in clause 11.4(c)(iii);11.4(c)(iii);‌ (v) the Assignment Date for the assignment of each Bulk Transfer Delivery Point to a Tariff Category pursuant to clause 11.4(c)(iii) or clause 11.4(c)(iv) will be deemed to be 1 July 2016 provided, in relation to clause 11.4(c)(iv) at the time of giving notice of a Bulk Transfer under clause 11.4(a) the User provides ActewAGL in a schedule to that notice: (A) a list of the Delivery Points to be assigned to a different Tariff Category to the Default Tariff Category; (B) the requested Tariff Category for each Delivery Point; and (C) where applicable, information to demonstrate eligibility to the requested Tariff Category for each Delivery Point in accordance with the Access Arrangement; (vi) the MHQ, MDQ and ELMS Data for a Bulk Transfer Delivery Point will be equivalent to any MHQ, MDQ and ELMS Data applicable to that Delivery Point immediately prior to the Bulk Transfer Date;Date;‌ (vii) subject to clauses 11.4(c)(viii) and 11.4(c)(ix), for each Demand Customer Delivery Point the Chargeable Demand will be equal to the ninth-highest Quantity of Gas withdrawn from that Delivery Point in a Day in the period 1 July 2015 to 30 June 2016 and the MDQ will be reduced to equal the Chargeable Demand. 1 July 2016 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand;Demand;‌ (viii) the User may elect to maintain the MDQ and the Chargeable Demand for any Bulk Transfer Delivery Point at the same level as applied to the MDQ immediately prior to the Bulk Transfer Date. 1 July 2015 will be the “Demand Demand‌ Reset Date” for that Delivery Point with respect to that Chargeable Demand; and (ix) if there is any pre-existing agreement between ActewAGL and the User to maintain a certain level of MDQ for a minimum time which ActewAGL has relied upon when making capital expenditure in relation to a service to the Delivery Point, the initial Chargeable Demand will be that agreed level of MDQ. 1 July 2015 will be the “Demand Reset Date” for that Delivery Point with respect to that Chargeable Demand.Demand.‌ (d) In the event that any Bulk Transfer Delivery Points are the subject of a service under a Gas Transport Service Agreement immediately prior to the Bulk Transfer Date which is not equivalent to a Reference Service, the User and ActewAGL will consult together to agree either: (i) how to accommodate the transfer of the Delivery Point to this Agreement, without disadvantaging the reasonable commercial and technical interests of both the User and ActewAGL; or (ii) to provide the service as a negotiated service and to commence good faith negotiations to finalise such agreement as soon as reasonably possible. (e) Any subsequent changes to the MDQ, MHQ, Tariff Category, Chargeable Demand, Load Shedding Priority or any other information in the Relevant Customer List will be made in accordance with the terms of this Agreement. (f) ActewAGL and the User agree that any Gas Transport Service Agreements between them are terminated and will have no further effect as at the Bulk Transfer Date, and neither of them will have any obligation to the other under those terminated agreements, other than an obligation which has accrued prior to the date of termination, or which is expressed to continue after termination. (g) For avoidance of doubt, clause 8.5 of the Access Arrangement applies to a Delivery Point assigned to a Tariff Category in respect of a Bulk Transfer such that if a Delivery Point is assigned to a Tariff Category to which it is not eligible, ActewAGL may: (i) by notice in writing to the User re-assign the Delivery Point to the Default Tariff Category with retrospective effect to the Assignment Date; and (ii) adjust the Charges and recover the adjusted Charges from the User, except to the extent that the Gas Law prevents the User from recovering such adjusted Charges from the relevant Customer.