Use It Or Lose It. (UIOLI) means an automatic application by which the underlying Cross Zonal Capacity of the non-nominated Physical Transmission Rights are not available for further Capacity Allocation and whereby Physical Transmission Right holders that do not nominate do not have rights to receive a payout; Working Day means the calendar days from Monday to Friday, with the exception of public holidays as specified on the website of the Allocation Platform;
Use It Or Lose It. (UIOLI) means an automatic process by which the underlying Cross Zonal Capacity of any Intraday Transmission Rights which are not nominated by a Registered Participant prior to any applicable UIOLI Deadline established under Article 26 is then made available for further Intraday Capacity Allocation within a subsequent Auction but the Registered Participant holding such non-nominated Intraday Transmission Rights does not have rights to receive a payout from such Auction; Use It Or Lose It Deadline (UIOLI Deadline) means the closure of the final applicable nomination gate for the relevant Intraday Transmission Right; Working Day means the calendar days from Monday to Friday, with the exception of public holidays as specified on the website of the Allocation Platform;
Use It Or Lose It. (a) The Annual Gross Tariff amount calculated pursuant to clause 6.2(b) is applicable irrespective of the amount of ReqSOS that the Terminal User requests in the AP Process. For the avoidance of doubt, if the Terminal User requests zero ReqSOS in the Annual Plan the Terminal User is still obliged to pay the full amount of the Annual Gross Tariff for the entire TUA Reserved Capacity.
(b) If the Terminal User elects not to reserve all of its TUA Reserved Capacity in the Annual Plan for a Contract Year then the Terminal User shall release its rights to the Unused Capacity pursuant to clauses [4.2.2] and [4.2.3] of the Terminal Access Code.
(c) Terminal User has the right to assign part or all of its AP Daily Planned Sendout. Such assignment of AP Daily Planned Sendout will be pursuant to a Capacity Exchange Agreement entered into in accordance with clause 11.3.
(d) Terminal Operator is entitled to market any Unused Capacity pursuant to the Terminal Access Code. Terminal Operator will be paid an administrative service fee by the Terminal User for reselling of Unused Capacity, such fee (“Administrative Fee”) to be deducted from any reimbursement of Capacity Fees due to Terminal User under clause 6.3(e).
(e) If, with regard to any Day, after selling all Unreserved Capacity, Terminal Operator is able to resell the Unused Capacity, then Terminal Operator will reimburse accordingly the Terminal User for the pro rata portion of the Unused Capacity, sold to another User, less the Administrative Fee, by providing an invoice setting out the gross amount of reimbursed Capacity Fees (less the gross amount of the Administrative Fee).
Use It Or Lose It. (a) The Spot Capacity Fees under this Agreement are applicable irrespective of whether or not Spot Cargo User utilizes the Spot Cargo Service to the full extent set out in clause 5.1(b).
(b) If the Spot Cargo User elects not to use its Spot LNG Cargo Slot then its Spot Daily Planned Sendout will be released as well.
(c) If the Spot Cargo User elects to use its Spot LNG Cargo Slot, but not all of its Spot Daily Planned Sendout then the Spot Cargo User shall release its rights to the unused portion of the Spot Daily Planned Sendout.
(d) Spot Cargo User has the right to assign part or all of its Spot Daily Planned Sendout. Such assignment of Spot Daily Planned Xxxxxxx will be pursuant to a Capacity Exchange Agreement entered into in accordance with clause 11.3.
(e) Terminal Operator is entitled to market any unused capacity pursuant to the Terminal Access Code. Terminal Operator will be paid an administrative service fee by the Spot Cargo User for reselling of unused capacity, such fee (“Administrative Fee”) to be deducted from any reimbursement of fees due to Spot Cargo User under clause 6.3(g).
(f) If Terminal Operator is able to resell the portion of the released Spot LNG Cargo Slot, as per clause 6.3(b), then Terminal Operator will reimburse accordingly the Spot Cargo User for the pro rata portion of the Spot LNG Cargo Slot sourced to another User, less the Administrative Fee, by providing an invoice setting out the gross amount of reimbursed Spot Capacity Fees (less the gross amount of the Administrative Fee).
(g) If, with regard to any Day, after selling all Unreserved Capacity and the Long-Term Users’ Unused Capacity, if any, Terminal Operator is able to resell any unused portion of the Spot Daily Planned Sendout, as per clause 6.3(c), then Terminal Operator will reimburse accordingly the Spot Cargo User for the pro rata portion of such unused portion of the Spot Daily Planned Sendout sold to another User, less the Administrative Fee, by providing an invoice setting out the gross amount of reimbursed Spot Capacity Fees (less the gross amount of the Administrative Fee).
Use It Or Lose It. 28.1 CAPACITY RELEASE MECHANISM At any time between the Operator's publication of the Annual Schedule and the nineteenth (19th) calendar day of a given Month M-1, the Shipper may remove from its Annual Schedule all or part of the Unloadings or Energy Content scheduled for Unloading in Month M. These capacities shall be published as per Article 28.4 and should they be subscribed by another Shipper prior to the twentieth (20th) calendar day of Month M-1, this shall proceed in accordance with Article 18.
Use It Or Lose It. If the Shipper does not utilise all or part of the Reserved Capacity at any Entry Point or Exit Point, the Shipper acknowledges that such unused Reserved Capacity shall be subject to mandatory regulatory "use it or lose it" procedures as detailed in the Network Code.
Use It Or Lose It. 6.2.1 In order to avoid a Restriction of Storage Service, [SC] shall use the Storage Service and see to it that it is used by sub-users in a way that the Regulated Stocklevel Targets in the Gas Storage Facility connected to the German gas transmission grid at the Delivery Point (being the Connection Point Open Grid Europe- Nuon Epe Gasspeicher GmbH) are achieved.
6.2.2 If NEG determines at any time during a Storage Period that a Regulated Stocklevel Target will not be achieved in the Gas Storage Facility due to – exclusively or among others – [SC] non-use of the Storage Service for the storage of Working Gas, NEG is entitled to restrict [SC]’s rights in relation to the usage of the Maximum Working Gas (proportionally, taking into account the extent of [SC]’s non-use) as well as [SC]’s rights in relation to the usage of the Injection Capacity and the Withdrawal Capacity, to make such Storage Service available to the Market Area Manager in compliance with applicable regulatory requirements. Such restriction can in particular take place, if, on the basis of technical assumptions, it becomes technically impossible to achieve a Regulated Stocklevel Target in the Gas Storage Facility. For the avoidance of doubt, each such restriction to use the Maximum Working Gas, the Injection Capacity and the Withdrawal Capacity by [SC] shall be limited to the extent required to make these Storage Service available to the Market Area Manager due to regulatory obligations of NEG.
6.2.3 A Restriction of Storage Service has to be declared by e-mail from NEG to the e-mail address communicated by [SC] to NEG in accordance with Clause 9.2.
6.2.4 In case of a Restriction of Storage Service, [SC] remains obliged to pay the Storage Fee. For the avoidance of doubt, [SC] is entitled to deduct from the Storage Service Fee due in accordance with Clause 3 above, the amount of the variable storage fees paid to NEG by the Market Area Manager as set forth in Clause 6.1(d) for injections performed by or on behalf of the Market Area Manager in relation to Storage Service (proportionally) restricted and made available to the Market Area Manager in accordance with Clause 6.1 (c).
6.2.5 NEG shall, when acting as a Reasonable and Prudent Operator becoming aware of an imminent Restriction of Storage Service, inform [SC] accordingly. For the avoidance of doubt, such warning notice is not a prerequisite for the declaration of a Restriction of Storage Service.
6.2.6 A Restriction of Storage Service end...
Use It Or Lose It. (a) Opco’s access rights to individual line segments will be on a “use it or lose it” basis. Opco will lose its exclusivity in respect of a line segment if its average annual freight levels over any rolling 3 year period fall below the threshold for that line segment set out in the Annex to this Schedule. Opco shall lose its exclusivity in respect of the Wellington metro line segments if its passenger levels fall below those in the Core Lease. Annual periods are to be measured from 1 July to 30 June in each year.
(b) If in any annual period there is:
(i) a material negative economic event affecting the New Zealand economy as a whole, or affecting a particular sector or region of New Zealand (e.g. a major economic downturn), that materially reduces Opco’s freight levels; or
(ii) a material force majeure event (e.g. an earthquake causing major track damage on a line segment), or material non-performance by TrackCo of its obligations under the Access Agreement, that has a material adverse effect on Opco’s ability to meet the thresholds on a particular line segment(s); then for the purposes of the use it or lose it calculation, a reasonable adjustment will be made to Opco’s freight levels for that year for the affected line segments to take account of that event(s).
(c) For the purposes of the use it or lose it calculation, a reasonable adjustment will also be made to Opco’s freight levels in a year if Opco establishes, on the balance of probabilities, that a major customer of Opco has withdrawn freight from Opco on a line segment in that year with the intention of triggering the loss of Opco’s access rights on that line segment.
(d) TrackCo will consult with Opco in good faith before giving any notice that Opco has lost exclusivity in respect of a line segment and shall consider, acting reasonably, any reasonable plans or proposals put forward by Opco in respect of that line segment.
(e) If Opco loses its access rights to a line segment, Opco will provide access (interconnection) to its facilities in any of its adjacent terminals, services (other than IT services) and interchange (including running rights to and use of the nearest interchange, marshalling yards and other facilities) on fair and reasonable terms to enable a new operator to effectively and efficiently exercise its rights. Any access rights granted to a new operator will be on a non-exclusive basis. TrackCo’s access agreement with any such new operator will be required to include reciprocal prov...
Use It Or Lose It. 5.1 Use it or lose it: Toll Rail’s right of exclusivity in respect of individual Line Segments is on a “use it or lose it” basis as follows:
(a) Toll Rail’s right of exclusivity terminates in respect of:
(i) freight services on a Line Segment if its average annual freight levels over any rolling 3 Annual Periods fall below the threshold for that Line Segment set out in Schedule 2;
(ii) Wellington metro Line Segments (as defined in Schedule 2) if its passenger levels fall below those specified in Schedule 2;
(iii) passenger services between city pairs that Toll Rail operates as at the date of this Agreement to the extent to which those services are within the Rail Network, if Toll Rail ceases to operate a regular passenger service for that city pair for a 12 month period or longer. For the purposes of this subclause, “regular passenger service” means a passenger service that operates at least 3 times per week in each direction in respect of that city pair;
Use It Or Lose It. The commitments of any Lender receiving any request by any member of the Group of the Facility Agent for any consent or approval under the Finance Documents which does not respond to such request within 15 Business Days (or such other period as HoldCo and the Facility Agent may agree) or which has given the Facility Agent instructions that it will vote with the Majority Lenders will be excluded in determining whether that consent or approval is granted.
