Common use of Conditionalities Clause in Contracts

Conditionalities. 4.1. In case the Booked daily transmission capacities specified in Individual Contract at the Entry point Veľké Zlievce has not become available to the Shipper in part or full, due to a reason attributable to EUS, other than a reason implied and/or enabled by the applicable legislation and/or Operational order, the Shipper shall have the right (for the period starting on the first Day of the Booked daily transmission capacity commencement until the day when the Booked daily transmission capacity has become available to the Shipper in full) to reduction of the respective payment (hereinafter “Payment Reduction”) reflecting the capacity not provided to the Shipper. In such case EUS shall inform the Shipper in due time and keep the Shipper informed on new estimated date of full provision of the Booked daily transmission capacities. This is without prejudice to any restriction or interruption of gas transmission governed by the applicable legislation and the Operational order to which the abovementioned Payment Reduction shall not apply. 4.2. The Parties agree that if the Booked daily transmission capacities specified in Individual Contract at the entry point Veľké Zlievce has not become available to the Shipper in part or full, due to any reason, not attributable to EUS, such fact does not exclude or in any way affect the Shipper’s payment obligations under this Contract.

Conditionalities. 4.1. In case the Booked daily transmission capacities specified in Individual Contract at the Entry particular Interconnection point Veľké Zlievce has not become available to the Shipper in part or full, due to a reason attributable to EUS, other than a reason implied and/or enabled by the applicable legislation and/or Operational order, the Shipper shall have the right (for the period starting on the first Day of the Booked daily transmission capacity commencement until the day when the Booked daily transmission capacity has become available to the Shipper in full) to reduction of the respective payment (hereinafter “Payment Reduction”) reflecting the capacity not provided to the Shipper. In such case EUS shall inform the Shipper in due time and keep the Shipper informed on new estimated date of full provision of the Booked daily transmission capacities. This is without prejudice to any restriction or interruption of gas transmission governed by the applicable legislation and the Operational order to which the abovementioned Payment Reduction shall not apply. 4.2. The Parties agree that if the Booked daily transmission capacities specified in Individual Contract at the entry particular Interconnection point Veľké Zlievce has not become available to the Shipper in part or full, due to any reason, not attributable to EUS, such fact does not exclude or in any way affect the Shipper’s payment obligations under this Contract.