OPERATIONAL FLOW ORDERS. (a) The Service Provider may issue an order to the Shipper to alter Gas receipts and deliveries (Operational Flow Order) when, in the Service Provider's reasonable opinion, expected receipts and deliveries: will cause adverse operating conditions in the VicHub; will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHub, including the need to perform unscheduled maintenance or repairs; will prevent the Service Provider from meeting its commitments under its Gas Transportation Agreements with Other Shippers; or will adversely affect imbalances under their Gas Transportation Agreements with Other Shippers. (b) Each Operational Flow Order will contain: the time and date of issue of the Operational Flow Order; the time that the Operational Flow Order is to become effective; the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); a description of the section of the VicHub for which the Operational Flow Order is in effect; the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; the reasons for issuing the Operational Flow Order; and any other information relevant to the Operational Flow Order. (c) The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders. (d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ. (e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, the Shipper will pay the Service Provider a charge (Unauthorised Overrun Charge) equal to 300% of the Tariff for the Service under which the Operational Flow Order has been issued per GJ delivered or received in excess of its amended flow along that Path.
Appears in 3 contracts
Sources: Gas Transportation Agreement, Gas Transportation Agreement, Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) The Service Provider may issue an order to the Shipper to alter Gas receipts and deliveries (Operational Flow Order):
(i) when, in the Service Provider's ’s reasonable opinion, expected receipts and deliveries: :
(A) will cause adverse operating conditions in the VicHub; Pipeline;
(B) will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubPipeline, including the need to perform unscheduled maintenance or repairs; ;
(C) will prevent the Service Provider from meeting its their commitments under its their Gas Transportation Agreements with Other Shippers; or or
(D) will adversely affect imbalances under their Gas Transportation Agreements with Other Shippers;
(ii) in accordance with clause 8.9(a); or
(iii) where the Service Provider proposes to Curtail or interrupt the Services in accordance with this document.
(b) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub Pipeline for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, the Shipper will pay the Service Provider a charge (an Unauthorised Overrun Charge) equal to 300% of the Tariff for the Service under which the Operational Flow Order has been issued per GJ delivered or received Charge in excess of its amended flow along that Pathaccordance with clause 7.4(b).
Appears in 2 contracts
Sources: Gas Transportation Agreement, Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) The Service Provider Providers may issue an order to the Shipper to alter Gas receipts and deliveries (Operational Flow Order):
(i) when, in the Service Provider's Providers' reasonable opinion, expected receipts and deliveries: :
(A) will cause adverse operating conditions in the VicHub; EGP;
(B) will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubEGP, including the need to perform unscheduled maintenance or repairs; ;
(C) will prevent the Service Provider Providers from meeting its their commitments under its their Gas Transportation Agreements with Other Shippers; or or
(D) will adversely affect imbalances under their Gas Transportation Agreements with Other Shippers.; or
(b) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub EGP for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider Providers will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has Providers have given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, the Shipper will pay the Service Provider a charge (Providers an Unauthorised Overrun Charge) equal to 300% of the Tariff for the Service under which the Operational Flow Order has been issued per GJ delivered or received Charge in excess of its amended flow along that Pathaccordance with clause 7.4(b).
Appears in 2 contracts
Sources: Gas Transportation Agreement, Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) The Service Provider may issue an order to the Shipper to alter Gas receipts and deliveries (Operational Flow OrderOrder):
(i) when, in the Service Provider's reasonable opinion, expected receipts and deliveries: :
(A) will cause adverse operating conditions in the VicHub; Pipeline;
(B) will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubPipeline, including the need to perform unscheduled maintenance or repairs; ;
(C) will prevent the Service Provider from meeting its commitments under its Gas Transportation Agreements with Other Shippers; or or
(D) will adversely affect imbalances under their the Service Provider’s Gas Transportation Agreements with Other Shippers; or
(ii) in accordance with clause 8.9(a).
(b) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub Pipeline for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Pathin the Pipeline, the Shipper will pay the Service Provider a charge (an Unauthorised Overrun Charge) equal to 300% Charge in respect of the Tariff for the Service under which Gas that exceeds the Operational Flow Order has been issued per GJ delivered or received in excess of its amended flow along that Path.accordance with clause 7.4(b).
Appears in 2 contracts
Sources: Gas Transportation Agreement, Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) Subject to clause 8.5(b), the Transporter will apply Operational Flow Orders first to Pipeline Shippers, whose actions or omissions have resulted in the need for Operational Flow Orders.
(b) The Service Provider Shipper acknowledges and agrees that despite the Transporter’s reasonable endeavours, the Transporter may not be able to identify the Pipeline Shipper(s) whose actions or omissions resulted in the need for an Operational Flow Order, in which case, the Transporter may issue an Operational Flow Order to all or a number of Pipeline Shippers (including the Shipper).
(c) Subject to clause 8.5(a), the Transporter may issue an order to the a Pipeline Shipper to alter Gas receipts and deliveries (Operational Flow Order):
(i) whenwhen required, in the Service Provider's Transporter’s reasonable opinion, expected receipts and deliveries: will cause opinion to:
A. prevent adverse operating conditions in the VicHub; will be at variance Pipeline;
B. comply with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubPipeline, including the need to perform unscheduled maintenance or repairs; will prevent or
C. deliver Gas in accordance with the Service Provider from meeting its commitments Priority of Service; or
(ii) in accordance with clause 9.4.
(d) In addition to clause 8.5(c), the Transporter may issue an Operational Flow Order to Pipeline Shippers, whose actions or omissions may, in the Transporter’s reasonable opinion, adversely affect imbalances under its the Transporter’s Gas Transportation Agreements with Other Shippers; or will adversely affect imbalances under their Gas Transportation Agreements with Other other Pipeline Shippers.
(be) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub Pipeline for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(df) In the event that an Operational Flow Order has been issued to the a Pipeline Shipper as a direct result in breach of clearly identifiable acts or omissions of an Other Shipperclause 8.5(a), the Service Pipeline Charges will be calculated on reduced pro-rata to the basis reduction of the quantities of Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, the Shipper will pay the Service Provider a charge (Unauthorised Overrun Charge) equal to 300% of the Tariff for the Service under which the Operational Flow Order has been issued per GJ delivered or received in excess of its amended flow along that Path.
Appears in 2 contracts
Sources: Gas Transportation Agreement, Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) The Service Provider may issue an order to the Shipper to alter Gas receipts and deliveries (Operational Flow Order):
(i) when, in the Service Provider's reasonable opinion, expected receipts and deliveries: :
(A) will cause adverse operating conditions in the VicHub; Pipeline;
(B) will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubPipeline, including the need to perform unscheduled maintenance or repairs; ;
(C) will prevent the Service Provider from meeting its commitments under its Gas Transportation Agreements with Other Shippers; or or
(D) will adversely affect imbalances under their the Service Provider’s Gas Transportation Agreements with Other Shippers; or
(ii) in accordance with clause 8.9(a).
(b) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub Pipeline for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Pathin the Pipeline, the Shipper will pay the Service Provider a charge (an Unauthorised Overrun Charge) equal to 300% Charge in respect of the Tariff for the Service under which Gas that exceeds the Operational Flow Order has been issued per GJ delivered or received in excess of its amended flow along that Pathaccordance with clause 7.4(b).
Appears in 2 contracts
Sources: Gas Transportation Agreement, Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) The Service Provider Providers may issue an order to the Shipper (with a copy to the TGP Owner where Transfer Services are affected) to alter Natural Gas receipts and deliveries (Operational Flow Order) when, in the Service Provider's Providers' reasonable opinion, expected receipts and deliveries: :
(i) will cause adverse operating conditions in the VicHub; EGP;
(ii) will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubEGP, including the need to perform unscheduled maintenance or and/or repairs; ;
(iii) will prevent the Service Provider Providers from meeting its their commitments under its their Gas Transportation Agreements with Other Shippers; or or
(iv) will adversely affect imbalances under their Gas Transportation Agreements with Other Shippers.
(b) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub EGP for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider Providers will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Natural Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has Providers have given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, the Shipper will pay the Service Provider Providers a charge (Unauthorised Overrun Charge) equal to 300% of the then current Firm Forward Haulage Reference Tariff for Zone 1 to Zone 3 as published on the Service under which the Operational Flow Order has been issued Public Website at that time per GJ delivered or received in excess of its amended flow along that Path.
Appears in 2 contracts
Sources: Gas Transportation Agreement, Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. Should either Party receive an operational flow order or other order or notice from a Transporter requiring action to be taken in connection with this Agreement or Gas flowing under this Agreement (a"OFO"), such Party will immediately notify the other Party of the OFO and provide the other Party a copy of same by facsimile. The Parties will take all actions required by the OFO within the time prescribed. Each Party will indemnify, defend and hold harmless the other Party from any Claims, including, without limitation, all non-compliance penalties and reasonable attorneys' fees, associated with an OFO (i) The Service Provider may issue an order of which the Indemnifying Party failed to give the Indemnified Party the notice required hereunder or (ii) under which the Indemnifying Party failed to take the action required by the OFO within the time prescribed. ------------------------------------------------------------------------------- - FINANCIAL MATTERS ------------------------------------------------------------------------------- BILLING, INVOICE DATE, CHARGES AND PAYMENT. By the tenth Day of each calendar Month following the Month in which Gas was Scheduled under a Transaction, Seller will provide Buyer with a written statement setting forth Gas Scheduled during the preceding Month, and other charges due Seller, including, without limitation, deficiency or default charges under Article 3. Billing and payment will be based on actual quantities of Gas delivered hereunder, provided, that if actual quantities of Gas are not known at the ▇▇▇▇ ▇▇▇▇▇▇ issues its invoice, Seller will base its invoice on Scheduled quantities of Gas and differences between Scheduled quantities and actual quantities of Gas delivered hereunder will be corrected or settled in cash by reflecting such settlement or correction in the invoice for the following Month; provided further, however, that in the event EESI is providing the Full Management Services or the Imbalance Management Services, billing and payment may, upon mutual agreement of the Parties, be based on the actual consumption quantities of EMW's customers, adjusted for applicable fuel and shrinkage of the applicable utility. Within 5 Business Days of the request of either Party, the other Party will provide, to the Shipper to alter Gas receipts and deliveries (Operational Flow Order) whenextent it has a legal right of access thereto and/or such statement is then available, in the Service Provider's reasonable opinion, expected receipts and deliveries: will cause adverse operating conditions in the VicHub; will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity copy of the VicHub, including Transporter's allocation or imbalance statement applicable to Gas sold hereunder for the need to perform unscheduled maintenance or repairs; will prevent the Service Provider from meeting its commitments under its Gas Transportation Agreements with Other Shippers; or will adversely affect imbalances under their Gas Transportation Agreements with Other Shippers.
(b) Each Operational Flow Order will contain: the time and date of issue of the Operational Flow Order; the time that the Operational Flow Order is to become effective; the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); a description of the section of the VicHub for which the Operational Flow Order is in effect; the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; the reasons for issuing the Operational Flow Order; and any other information relevant to the Operational Flow Order.
(c) requested period. The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippersdifference, if any, whose between Scheduled and actual quantities delivered or accepted will be treated as Imbalances under Article 9. Buyer will remit any amounts due on the twenty-fifth Day of the Month in which Seller's statement was received. If the due date for any payment to made under this Agreement is not a Business Day, the due date for such payment will be the next Business Day following the due date. Payment of all funds will be made by wire transfer on the due date in U. S. currency. Each Party will take all actions necessary to effect payments in accordance with the process stated in Exhibit "A". If EMW or omissions have resulted EESI should fail to remit any amounts in full when due hereunder, interest on the need for Operational Flow Orders.
(d) In unpaid portion will accrue from the event that an Operational Flow Order has been issued date due at a rate equal to the Shipper as a direct result of clearly identifiable acts or omissions of an Other ShipperInterest Rate. ▇▇▇▇▇▇▇▇, the Service Charges payments and statements will be calculated on the basis of the quantities of Gas actually delivered made to the Shipper on any Day, rather than on accounts or the basis of Operational MDQ.
(e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access to a addresses/facsimiles specified amended flow along a Path, the Shipper will pay the Service Provider a charge (Unauthorised Overrun Charge) equal to 300% of the Tariff for the Service under which the Operational Flow Order has been issued per GJ delivered or received in excess of its amended flow along that Path.Exhibit "A."
Appears in 1 contract
OPERATIONAL FLOW ORDERS. (a) The Service Provider may issue an order to the Shipper to alter Natural Gas receipts and deliveries (Operational Flow Order) when, in the Service Provider's reasonable opinion, expected receipts and deliveries: :
(i) will cause adverse operating conditions in the VicHub; TGP;
(ii) will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubTGP, including the need to perform unscheduled maintenance or and/or repairs; ;
(iii) will prevent the Service Provider from meeting its commitments under its Gas Transportation Agreements with Other Shippers; or or
(iv) will adversely affect imbalances under their its Gas Transportation Agreements with Other Shippers.
(b) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub TGP for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippersShippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Natural Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access rights to a specified amended flow along a Path, Service:
(i) the Shipper will pay the Service Provider a charge (Unauthorised Operational Flow Order Overrun Charge), calculated as:
(A) equal to 300% the amount of Natural Gas (in GJ) delivered or received by the Shipper in excess of the Tariff for limitations of the Service under which Operational Flow Order;
(B) the Operational Flow Order has been issued per GJ delivered or received in excess Overrun Charge Rate; and
(ii) a Delivery Point Overrun Charge under clause 7.4(b)(ii) and an Other Overrun Charge under clause 7.4(b)(iii) will not be charged by the Service Provider on any quantity of its amended flow along Natural Gas that Pathis the subject of an Operational Flow Order Overrun Charge.
Appears in 1 contract
Sources: Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) The Service Provider Providers may issue an order to the Shipper (with a copy to the TGP Owner where Transfer Services are affected) to alter Natural Gas receipts and deliveries (Operational Flow Order) when, in the Service Provider's Providers' reasonable opinion, expected receipts and deliveries: :
(i) will cause adverse operating conditions in the VicHub; EGP;
(ii) will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubEGP, including the need to perform unscheduled maintenance or and/or repairs; ;
(iii) will prevent the Service Provider Providers from meeting its their commitments under its their Gas Transportation Agreements with Other Shippers; or or
(iv) will adversely affect imbalances under their Gas Transportation Agreements with Other Shippers.
(b) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub EGP for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider Providers will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Natural Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has Providers have given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, the Shipper will pay the Service Provider Providers a charge (Unauthorised Overrun Charge) equal to 300% of the then current Firm Forward Haulage Reference Tariff for Area 1 to Area 3 as published on the Service under which the Operational Flow Order has been issued Public Website at that time per GJ delivered or received in excess of its amended flow along that Path.
Appears in 1 contract
Sources: Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) The Service Provider Providers may issue an order to the Shipper to alter Gas receipts and deliveries (Operational Flow Order):
(i) when, in the Service Provider's Providers' reasonable opinion, expected receipts and deliveries: :
(A) will cause adverse operating conditions in the VicHub; Pipeline;
(B) will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubPipeline, including the need to perform unscheduled maintenance or repairs; ;
(C) will prevent the Service Provider Providers from meeting its their commitments under its their Gas Transportation Agreements with Other Shippers; or or
(D) will adversely affect imbalances under their Gas Transportation Agreements with Other Shippers; or
(ii) in accordance with clause 8.8(a).
(b) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub Pipeline for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider Providers will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has Providers have given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, the Shipper will must pay the Service Provider a charge (Unauthorised Providers an Overrun Charge) equal to 300% of the Tariff for the Service under which the Operational Flow Order has been issued per GJ delivered or received Charge in excess of its amended flow along that Pathaccordance with clause clauses7.2.
Appears in 1 contract
Sources: Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) Subject to clause 8.5(b), the Transporter will apply Operational Flow Orders first to Pipeline Shippers, whose actions or omissions have resulted in the need for Operational Flow Orders.
(b) The Service Provider Shipper acknowledges and agrees that despite the Transporter’s reasonable endeavours, the Transporter may not be able to identify the Pipeline Shipper(s) whose actions or omissions resulted in the need for an Operational Flow Order, in which case, the Transporter may issue an Operational Flow Order to all or a number of Pipeline Shippers (including the Shipper).
(c) Subject to clause 8.5(a), the Transporter may issue an order to the a Pipeline Shipper to alter Gas receipts and deliveries (Operational Flow Order):
(i) whenwhen required, in the Service Provider's Transporter’s reasonable opinion, expected receipts and deliveries: will cause opinion to:
A. prevent adverse operating conditions in the VicHub; will be at variance Pipeline;
B. comply with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubPipeline, including the need to perform unscheduled maintenance or repairs; will prevent or
C. deliver Gas in accordance with the Service Provider from meeting its commitments Priority of Service; or
(ii) in accordance with clause 9.4.
(d) In addition to clause 8.5(c), the Transporter may issue an Operational Flow Order to Pipeline Shippers, whose actions or omissions may, in the Transporter’s reasonable opinion, adversely affect imbalances under its the Transporter’s Gas Transportation Agreements with Other Shippers; or will adversely affect imbalances under their Gas Transportation Agreements with Other other Pipeline Shippers.
(be) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub Pipeline for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(df) In the event that an Operational Flow Order has been issued to the a Pipeline Shipper as a direct result in breach of clearly identifiable acts or omissions of an Other Shipperclause 8.5(a), the Service Pipeline Charges will be calculated on reduced pro-rata to the basis reduction of the quantities of Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, the Shipper will pay the Service Provider a charge (Unauthorised Overrun Charge) equal to 300% of the Tariff for the Service under which the Operational Flow Order has been issued per GJ delivered or received in excess of its amended flow along that Path.
Appears in 1 contract
Sources: Gas Transportation Agreement
OPERATIONAL FLOW ORDERS. (a) The Service Provider may issue an order to the Shipper to alter Natural Gas receipts and deliveries (Operational Flow Order) when, in the Service Provider's reasonable opinion, expected receipts and deliveries: :
(i) will cause adverse operating conditions in the VicHub; TGP;
(ii) will be at variance with Capacity limitations resulting from a Force Majeure Event or other events and circumstances that endanger the safety or integrity of the VicHubTGP, including the need to perform unscheduled maintenance or and/or repairs; ;
(iii) will prevent the Service Provider from meeting its commitments under its Gas Transportation Agreements with Other Shippers; or or
(iv) will adversely affect imbalances under their its Gas Transportation Agreements with Other Shippers.
(b) Each Operational Flow Order will contain: :
(i) the time and date of issue of the Operational Flow Order; ;
(ii) the time that the Operational Flow Order is to become effective; ;
(iii) the duration of the Operational Flow Order (if not specified, the Operational Flow Order will remain in effect until further notice); ;
(iv) a description of the section of the VicHub TGP for which the Operational Flow Order is in effect; ;
(v) the specific actions required of the Shipper at the Receipt Points and Delivery Points in order to comply with the Operational Flow Order; ;
(vi) the reasons for issuing the Operational Flow Order; and and
(vii) any other information relevant to the Operational Flow Order.
(c) The Service Provider will use reasonable endeavours in first applying Operational Flow Orders to those shippersShippers, if any, whose actions or omissions have resulted in the need for Operational Flow Orders.
(d) In the event that an Operational Flow Order has been issued to the Shipper as a direct result of clearly identifiable acts or omissions of an Other Shipper, the Service Charges will be calculated on the basis of the quantities of Natural Gas actually delivered to the Shipper on any Day, rather than on the basis of Operational MDQ.
(e) In the event that the Service Provider has given an Operational Flow Order to the Shipper that limits the Shipper's access to a specified amended flow along a Path, :
(i) the Shipper will pay the Service Provider a charge (an Unauthorised Operational Flow Order Overrun Charge) Charge equal to 300% of the Tariff then Firm Forward Haulage Tariff, unless otherwise specified in the Annexure, for the Service under which the Operational Flow Order has been issued Delivery Point per GJ delivered or received in excess of its amended flow along that Path; and
(ii) an Unauthorised Overrun Charge under clause 7 will not be charged by the Service Provider on the same quantity of Gas.
Appears in 1 contract
Sources: Gas Transportation Agreement