Conclusion of Contract and Relation Thereof to Auction Sample Clauses

Conclusion of Contract and Relation Thereof to Auction. 2.1 The parties enter into this Contract with Provisional Annex No. 1 setting out the maximum volumes of gas transmission capacity that may be the subject matter of this Contract. Provisional Annex No. 1 is not binding on either party.
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Conclusion of Contract and Relation Thereof to Auction. The parties enter into this Contract with Provisional Annex No. 1 setting out the maximum volumes of gas transmission capacity that may be the subject matter of this Contract. Provisional Annex No. 1 is not binding on either party. The TSO intends to offer the capacities referred to in this Contract in the 2021 annual yearly capacity auction (expected to commence on July 5, 2021) at the on-line capacity booking platform GSA (hereinafter the “Platform” and the “Auction”). The Shipper intends to submit a bid in the Auction. The TSO does not hereby undertake to offer the said capacities in the Auction, and the Shipper does not hereby undertake to submit such a bid. The TSO’s intention to offer the said capacities in the Auction is conditional upon, inter alia, the following: Whether the Czech Energy Regulatory Office (in Czech: Energetický regulační úřad, hereinafter the “ERO”) publishes the price decision that is supposed to be applicable to this Contract pursuant to Section 8.1 below in the Energy Regulatory Journal (in Czech: Energetický regulační věstník), or the price to be applicable to the Contract is set out in another binding manner pursuant to the applicable legislation, and the actual price so set; and Whether the TSO reaches a legally binding agreement in writing, and in line with industry practice, with the transmission system operator with whose transmission system the TSO’s transmission system is to be connected at the Entry Point (as defined below), that the designed (projected) hand-over gas pressure will be at the Entry Point at least 46 xxxx (from Poland to the Czech Republic), or the TSO receives confirmation in writing (reasonably satisfactory to the TSO as regards its form and substantially equivalent to a legally binding agreement as regards its legal relevance) to the same effect from the said transmission system operator. The TSO shall inform the Shipper by no later than three working days before the scheduled commencement of the Auction about the status of the above conditions and whether, on that basis, it intends to offer the capacities referred to in this Contract in the Auction. If it is established before the scheduled commencement of the Auction that the TSO does not intend to offer the said capacities in the Auction due to unsatisfactory developments in relation to any of the above conditions, the TSO shall notify the Shipper thereof without undue delay after it ascertained the relevant facts.
Sample 1

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