Imbalance Charges. Buyer shall hold Seller harmless from any Imbalance Charges (i) that result from Buyer's Dispatch orders or other scheduling of generation under this Agreement, (ii) that are assessed against Buyer or Seller at any time when the Facility is generating Electric Energy within 1.5% of the Dispatch level directed by Buyer after achieving Start Up and has achieved the desired Dispatched load level for a period of ten (10) minutes, (iii) that are assessed for deliveries of Electric Energy during startup and shutdown, so long as Seller operates, Starts Up and shuts down the Units in accordance with this Agreement or (iv) that result from Unit trips. Buyer and Seller recognize that the Units may produce more or less energy than scheduled by Buyer.
Imbalance Charges. The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Imbalance Charges are incurred as a result of B.C. Hydro’s actions or inactions (which shall include, but shall not be limited to, B.C. Hydro’s failure to accept quantities of Gas equal to the quantities requested by B.C. Hydro), then B.C. Hydro shall pay such Imbalance Charges, or reimburse Powerex for such Imbalance Charges paid by Powerex to the applicable transportation provider. If the Imbalance Charges were incurred as a result of Powerex’s actions or inactions (which shall include, but shall not be limited to, Powerex’s failure to deliver quantities of Gas equal to the quantities requested by B.C. Hydro), then Powerex shall pay for such Imbalance Charges or reimburse B.C. Hydro for such Imbalance Charges paid by B.C. Hydro to the applicable transportation provider.
Imbalance Charges. Customer shall use its reasonable efforts to avoid imposition of any scheduling fees, imbalance charges, cash out costs or similar costs, fees or damages for imbalances (“Imbalance Charges”) imposed by any Downstream Pipeline. Customer shall indemnify and hold harmless SABINE, its Affiliates and their respective directors, officers and employees from all Liabilities arising out of, incident to or resulting from any Imbalance Charges directly resulting from Customer’s acts or omissions.
Imbalance Charges. 5.1 Current Charges - Commencing upon the date of execution, the rates, charges, and surcharges to be paid by Balancing Party to Transporter shall be in accordance with Transporter's Rate Schedule LMS-MA and the General Terms and Conditions of Transporter's FERC Gas Tariff.
Imbalance Charges. In the event a Downstream Pipeline imposes scheduling fees, imbalance charges, cash out costs or similar costs, fees or damages for imbalances associated with Customer’s Gas (“Imbalance Charges”), Customer shall be obligated to use its reasonable efforts to avoid imposition of such Imbalance Charges. Customer shall indemnify and hold harmless FLNG, its Affiliates and their respective directors, officers and employees from all Liabilities arising out of, incident to or resulting from any Imbalance Charge directly resulting from Customer’s acts or omissions. FLNG shall indemnify and hold harmless Customer, its Affiliates and their respective directors, officers and employees from all Liabilities arising out of, incident to or resulting from any Imbalance Charge directly resulting from FLNG’s acts or omissions. FLNG will use reasonable efforts to minimize any Imbalance Charges and will notify Customer of any Imbalance Charges included in or imposed by any operational balancing agreement.
Imbalance Charges. Any fees, penalties, costs or charges (in cash or kind) assessed by a Transporter for failure to satisfy the Transporter’s balance and/or nomination requirements.
Imbalance Charges. CES shall have the right but not the obligation to enter into balancing service agreements with upstream pipelines and suppliers as are necessary to provide for balancing of the quantities of Natural Gas received at the Point(s) of Receipt. All Imbalance charges and any other payments due in accordance with such agreements or otherwise for CES’ Gas shall be the responsibility of and shall be paid by CES unless an Imbalance is caused by BAMAGAS, in which case BAMAGAS shall be liable for any such Imbalance charges. BAMAGAS and CES shall endeavor to keep Imbalances to a minimum and shall make adjustments in receipts and deliveries as promptly as is consistent with their operating conditions in order to balance any excess or deficiency so shown. The provisions of this Section 2.10 shall survive the termination of this Agreement until such time as complete balancing can be attained. BAMAGAS and CES shall enter into an operational balancing agreement in a form substantially similar to Exhibit 8, which will govern the rights and obligations of each Party regarding Imbalances.
Imbalance Charges. The terms and conditions of Transporter's FERC Gas Tariff (or equivalent state-approved tariff) addressing penalties, scheduling fees, cash-out costs or similar charges attributable to underdeliveries or overdeliveries of gas into the pipeline (collectively "Imbalance Charges") shall be used for purposes of calculating Imbalance Charges under this Agreement. Imbalance Charges under this Agreement will be assessed on a transporter-by-transporter basis using the applicable terms of Transporter's FERC Gas Tariff and as if CUSA is the shipper and NGC is the transporter. In instances of split connect Committed Gas, as defined in Section 4.3 below, the tariff of the pipeline downstream of the Delivery Point associated with the Published Index Price selected by CUSA shall be used for purposes of this Section 3.3 If an Imbalance Charge is assessed under this Agreement, then CUSA shall pay to NGC an amount calculated in accordance with the applicable terms of Transporter's FERC Gas Tariff. For purposes of this Agreement, an underdelivery is defined as an instance where the monthly quantity of Committed Gas delivered to a given Delivery Point is less than the monthly quantity of Committed Gas designated for delivery at that Delivery Point in CUSA's Availability Report as changed throughout the Month by timely revisions of the Availability Report in accordance with Section 2.2.1 above. An overdelivery is defined as an instance where the monthly quantity of Committed Gas delivered to a given Delivery Point is greater than the monthly quantity of Committed Gas designated for delivery at that Delivery Point in CUSA's Availability Report as changed throughout the Month by timely revisions of the Availability Report in accordance with Section 2.2.1 above. In the event the applicable Transporter requires balancing on a daily basis, the definitions of underdelivery and overdelivery shall be modified to reflect daily balancing as opposed to monthly balancing. Overdeliveries by CUSA into a transporter at one Delivery Point will be netted against underdeliveries into that transporter at a different Delivery Point to the extent permitted under that transporter's FERC Gas Tariff. Underdeliveries by CUSA on one transporter will not be netted against overdeliveries by CUSA to a different transporter absent the Parties' consent and underdeliveries or overdeliveries by CUSA will not be netted against overdeliveries or underdeliveries by other NGC suppliers of gas.
Imbalance Charges. Without prejudice to the Offtaker's right to claim damages for breach of Clauses 15 (Forecast and Data Provision) and 16 (Maintenance Outages and Availability), the Offtaker shall be responsible for all Imbalance Charges associated with the Contracted Electrical Output.
Imbalance Charges. In the event a Downstream Pipeline imposes scheduling fees, imbalance charges, cash out costs or similar costs, fees or damages for imbalances (“Imbalance Charges”), Customer shall be obligated to use its reasonable efforts to avoid imposition of such Imbalance Charges. Customer shall indemnify and hold harmless SABINE, its Affiliates and their respective directors, officers and employees from all Liabilities arising out of, incident to or resulting from any Imbalance Charge directly resulting from Customer’s acts or omissions. SABINE shall indemnify and hold harmless Customer, its Affiliates and their respective directors, officers and employees from all Liabilities arising out of, incident to or resulting from any Imbalance Charge directly resulting from SABINE’s acts or omissions.
