Common use of PERFORMANCE OF THE CONTRACT Clause in Contracts

PERFORMANCE OF THE CONTRACT. Clause 18 Termination In the case of a material breach or repeated breach by either of the Parties of their obligations under the Contract, and without prejudice to the application of penalties available under the Contract for the said breach, the non-defaulting Party may unilaterally terminate the Contract after giving notice to remedy or cure the default(s) remaining without effect after a (30) thirty day period from the issuance of the said notice. The defaulting party shall be liable to the other party to compensate the damage suffered by the latter as a result of the termination. Such compensation shall in no event exceed the limits of liability fixed per event under Sub-clause 16.2.3 of Section A. Furthermore, it is expressly agreed that in the event that the Shipper fails to supply Gas in the amount of at least half of the quantity of Gas that would have been necessary to obtain a Daily Imbalance equal to the Authorised Negative Daily Imbalance for at least three (3) consecutive days, and provided such lack of Gas supply is not the result of an event of force majeure as stated in Clause 15 of Section A and GRTgaz has correctly put at the Shipper’s disposal the value of the Daily Quantities Taken Off and Delivered for the Days in question by the usual means of communication, GRTgaz may, after formal notice that remains without effect after a period of two (2) days, terminate the Contract without further notice or compensation. In the event of the Contract being terminated under Sub-clause 21.2 of Section A, the Contract shall be terminated in compliance with said Sub-clause without notice or compensation of any kind whatsoever becoming due to the Shipper. Clause 19 Confidentiality‌ Unless otherwise stated under the Contract or by express agreement of the Parties or under the terms of legal or regulatory provisions, each Party undertakes to treat as confidential with regard to third parties any information related to the preparation and/or performance of the Contract. Each Party is entitled to provide the Daily and Hourly Delivery Capacity and the Daily Transmission Capacity on the Regional Network at a Consumer Delivery Point to the Recipient concerned, without the other Party being able to oppose the transmission thereof. GRTgaz is authorised to forward, as the case may be, the following information to the Clearing Party defined in the Gas Exchange Trading Participation Agreement: • the inception and any amendment to the Gas Exchange Trading Participation Agreement and the associated Title Transfer Points, • the expiry dates for the accesses contracted by the Shipper at the Title Transfer Points defined in the Gas Exchange Trading Participation Agreement, • the suspension or termination of the Contract and/or the Gas Exchange Trading Participation Agreement, • in the event that the Shipper was suspended and is allowed to use the Contract and the Gas Exchange Trading Participation Agreement again, • information held by GRTgaz of forthcoming insolvency proceedings concerning the Shipper, • the occurrence of any other serious default by the Shipper which affects GRTgaz’s business. The Parties shall not be responsible for the disclosure of information if such information:

Appears in 3 contracts

Samples: www.grtgaz.com, www.grtgaz.com, www.grtgaz.com

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PERFORMANCE OF THE CONTRACT. Clause 18 Termination In the case of a material breach or repeated breach by either of the Parties of their obligations under the Contract, and without prejudice to the application of penalties available under the Contract for the said breach, the non-defaulting Party may unilaterally terminate the Contract after giving notice to remedy or cure the default(s) remaining without effect after a (30) thirty day period from the issuance of the said notice. The defaulting party shall be liable to the other party to compensate the damage suffered by the latter as a result of the termination. Such compensation shall in no event exceed the limits of liability fixed per event under Sub-clause 16.2.3 of Section A. Furthermore, it is expressly agreed that in the event that the Shipper fails to supply Gas in the amount of at least half of the quantity of Gas that would have been necessary to obtain a Daily Imbalance equal to the Authorised Negative Daily Imbalance for at least three (3) consecutive days, and provided such lack of Gas supply is not the result of an event of force majeure as stated in Clause 15 of Section A and GRTgaz has correctly put at the Shipper’s disposal the value of the Daily Quantities Taken Off and Delivered for the Days in question by the usual means of communication, GRTgaz may, after formal notice that remains without effect after a period of two (2) days, terminate the Contract without further notice or compensation. In the event of the Contract being terminated under Sub-clause 21.2 of Section A, the Contract shall be terminated in compliance with said Sub-clause without notice or compensation of any kind whatsoever becoming due to the Shipper. Clause 19 Confidentiality‌ Confidentiality Unless otherwise stated under the Contract or by express agreement of the Parties or under the terms of legal or regulatory provisions, each Party undertakes to treat as confidential with regard to third parties any information related to the preparation and/or performance of the Contract. Each Party is entitled to provide the Daily and Hourly Delivery Capacity and the Daily Transmission Capacity on the Regional Network at a Consumer Delivery Point to the Recipient concerned, without the other Party being able to oppose the transmission thereof. GRTgaz is authorised to forward, as the case may be, the following information to the Clearing Party defined in the Gas Exchange Trading Participation Agreement: the inception and any amendment to the Gas Exchange Trading Participation Agreement and the associated Title Transfer Points, the expiry dates for the accesses contracted by the Shipper at the Title Transfer Points defined in the Gas Exchange Trading Participation Agreement, the suspension or termination of the Contract and/or the Gas Exchange Trading Participation Agreement, in the event that the Shipper was suspended and is allowed to use the Contract and the Gas Exchange Trading Participation Agreement again, information held by GRTgaz of forthcoming insolvency proceedings concerning the Shipper, the occurrence of any other serious default by the Shipper which affects GRTgaz’s business. The Parties shall not be responsible for the disclosure of information if such information:

Appears in 2 contracts

Samples: www.grtgaz.com, www.grtgaz.com

PERFORMANCE OF THE CONTRACT. Clause 18 Termination In the case of a material breach or repeated breach by either of the Parties of their obligations under the Contract, and without prejudice to the application of penalties available under the Contract for the said breach, the non-defaulting Party may unilaterally terminate the Contract after giving notice to remedy or cure the default(s) remaining without effect after a (30) thirty day period from the issuance of the said notice. The defaulting party shall be liable to the other party to compensate the damage suffered by the latter as a result of the termination. Such compensation shall in no event exceed the limits of liability fixed per event under Sub-clause 16.2.3 of Section A. Furthermore, it is expressly agreed that in the event that the Shipper fails to supply Gas in the amount of at least half of the quantity of Gas that would have been necessary to obtain a Daily Imbalance equal to the Authorised Tolerated Negative Daily Imbalance for at least three (3) consecutive days, and provided such lack of Gas supply is not the result of an event of force majeure as stated in Clause 15 of Section A and GRTgaz has correctly put at the Shipper’s disposal the value of the Daily Quantities Taken Off and Delivered for the Days in question by the usual means of communication, GRTgaz may, after formal notice that remains without effect after a period of two (2) days, terminate the Contract without further notice or compensation. In the event of the Contract being terminated under Sub-clause 21.2 of Section A, the Contract shall be terminated in compliance with said Sub-clause without notice or compensation of any kind whatsoever becoming due to the Shipper. Clause 19 Confidentiality‌ Confidentiality Unless otherwise stated under the Contract or by express agreement of the Parties or under the terms of legal or regulatory provisions, each Party undertakes to treat as confidential with regard to third parties any information related to the preparation and/or performance of the Contract. Each Party is entitled to provide the Daily and Hourly Delivery Capacity and the Daily Transmission Capacity on the Regional Network at a Consumer Delivery Point to the Recipient concerned, without the other Party being able to oppose the transmission thereof. GRTgaz is authorised to forward, as the case may be, the following information to the Clearing Party defined in the Gas Exchange Trading Participation Agreement: the inception and any amendment to the Gas Exchange Trading Participation Agreement and the associated Title Transfer Points, the expiry dates for the accesses contracted by the Shipper at the Title Transfer Points defined in the Gas Exchange Trading Participation Agreement, the suspension or termination of the Contract and/or the Gas Exchange Trading Participation Agreement, in the event that the Shipper was suspended and is allowed to use the Contract and the Gas Exchange Trading Participation Agreement again, information held by GRTgaz of forthcoming insolvency proceedings concerning the Shipper, the occurrence of any other serious default by the Shipper which affects GRTgaz’s business. The Parties shall not be responsible for the disclosure of information if such information:

Appears in 2 contracts

Samples: www.grtgaz.com, www.grtgaz.com

PERFORMANCE OF THE CONTRACT. Clause 18 Termination In the case of a material breach or repeated breach by either of the Parties of their obligations under the Contract, and without prejudice to in the application of penalties remedies available under the Contract for the said breach, the non-non- defaulting Party may unilaterally terminate the Contract after giving notice to remedy or cure the default(sdefault (s) remaining without effect after a (30) thirty day period from the issuance of the said notice. The defaulting party shall be liable to the other party to compensate the for damage suffered by the latter as a result of the termination. Such compensation shall in no event exceed the limits of liability fixed per event under Sub-Sub- clause 16.2.3 of Section A. Furthermore, it is expressly agreed that in the event that the Shipper fails to supply Gas in the amount of at least half of the quantity of Gas that would have been necessary to obtain a Daily Imbalance equal to the Authorised Negative Daily Imbalance Imbalance, for at least three (3) consecutive days, and provided such lack of Gas supply is not the result of an event of force majeure as stated in Clause 15 of Section A and GRTgaz has correctly put at the Shipper’s disposal the value of the Daily Quantities Taken Off and Delivered for the Days in question by the usual means of communication, GRTgaz may, will after formal notice that remains remained without effect after a period of two (2) days, be entitled to terminate the Contract without further notice or nor compensation. In the event of the Contract being terminated under Sub-clause 21.2 of Section A, the Contract shall be terminated in compliance with said Sub-clause without notice or nor compensation of any kind whatsoever becoming due to the Shipper. Clause 19 Confidentiality‌ Confidentiality Unless otherwise stated stated, under the Contract or by an express agreement of the Parties or under the terms of legal or regulatory provisions, each Party undertakes to treat as maintain confidential with regard to third parties parties, any information related to supplied by the other Party in the preparation and/or performance of the Contract. Each Party is entitled to provide inform the Recipient concerned of the Daily and Hourly Delivery Capacity and of the Daily Transmission Capacity on the Regional Network at a Consumer Delivery Point to the Recipient concernedPoint, without the other Party being able to oppose the transmission thereof. of such information.‌ GRTgaz is authorised to forward, as the case may be, the following information to the Clearing Party defined in the Gas Exchange Trading Participation Agreement: • the inception and any amendment to of the Gas Exchange Trading Participation Agreement and the associated Title Transfer Points, • the expiry dates for of the accesses contracted by the Shipper at the Title Transfer Points defined in the Gas Exchange Trading Participation Agreement, • the suspension or termination of the Contract and/or the Gas Exchange Trading Participation Agreement, • in the event that the Shipper was suspended and is allowed to use the Contract and the Gas Exchange Trading Participation Agreement again, • information held by in the event that GRTgaz is aware of forthcoming insolvency proceedings concerning the Shipper, • in the occurrence event of any other serious events of default by the Shipper which affects affect the business of GRTgaz’s business. The Parties shall not be responsible for the disclosure of information if such information:

Appears in 1 contract

Samples: General Terms

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PERFORMANCE OF THE CONTRACT. Clause 18 Termination In the case of a material breach or repeated breach by either of the Parties of their obligations under the Contract, and without prejudice to the application of penalties available under the Contract for the said breach, the non-defaulting Party may unilaterally terminate the Contract after giving notice to remedy or cure the default(s) remaining without effect after a (30) thirty day period from the issuance of the said notice. The defaulting party shall be liable to the other party to compensate the damage suffered by the latter as a result of the termination. Such compensation shall in no event exceed the limits of liability fixed per event under Sub-clause 16.2.3 of Section A. Furthermore, it is expressly agreed that in the event that the Shipper fails to supply Gas in the amount of at least half of the quantity of Gas that would have been necessary to obtain a Daily Imbalance equal to the Authorised Negative Daily Imbalance for at least three (3) consecutive days, and provided such lack of Gas supply is not the result of an event of force majeure as stated in Clause 15 of Section A and GRTgaz has correctly put at the Shipper’s disposal the value of the Daily Quantities Taken Off and Delivered for the Days in question by the usual means of communication, GRTgaz may, after formal notice that remains without effect after a period of two (2) days, terminate the Contract without further notice or compensation. In the event of the Contract being terminated under Sub-clause 21.2 of Section A, the Contract shall be terminated in compliance with said Sub-clause without notice or compensation of any kind whatsoever becoming due to the Shipper. Clause 19 Confidentiality‌ Confidentiality Unless otherwise stated under the Contract or by express agreement of the Parties or under the terms of legal or regulatory provisions, each Party undertakes to treat as confidential with regard to third parties any information related to the preparation and/or performance of the Contract. Each Party is entitled to provide the Daily and Hourly Delivery Capacity and the Daily Transmission Capacity on the Regional Network at a Consumer Delivery Point to the Recipient concerned, without the other Party being able to oppose the transmission thereof. GRTgaz is authorised to forward, as the case may be, the following information to the Clearing Party defined in the Gas Exchange Trading Participation Agreement: • the inception and any amendment to the Gas Exchange Trading Participation Agreement and the associated Title Transfer Points, • the expiry dates for the accesses contracted by the Shipper at the Title Transfer Points defined in the Gas Exchange Trading Participation Agreement, • the suspension or termination of the Contract and/or the Gas Exchange Trading Participation Agreement, • in the event that the Shipper was suspended and is allowed to use the Contract and the Gas Exchange Trading Participation Agreement again, • information held by GRTgaz of forthcoming insolvency proceedings concerning the Shipper, • the occurrence of any other serious default by the Shipper which affects GRTgaz’s business. The Parties shall not be responsible for the disclosure of information if such information:

Appears in 1 contract

Samples: www.grtgaz.com

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