Shortfall Gas Sample Clauses
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Shortfall Gas. Shortfall Gas is any quantity of Natural Gas not made available by SELLER at Delivery Point(s) in respect of any Day of Delivery Period for reasons other than Force Majeure and/or Agreed Repairs. Such Shortfall Gas shall be determined by adding up the daily underdeliveries which occurred under this GSFA during the Month of Delivery concerned, calculated as the difference (if positive) between:
a) the delivery obligation according to the Article 4.1 (DCQ), or the daily quantity, if any, requested by the dispatching center of BUYER in accordance with Article 7 below, whichever is the lower, and
b) the daily quantity of Natural Gas made available by SELLER under this GSFA.
Shortfall Gas. 17.1.1 With effect from the later of the Commencement Date and October 1, 2013, if the Sellers fail in respect of any Hour to deliver the quantity of Specification Gas Properly Nominated for delivery for any reason other than the Buyer’s failure to take Specification Gas otherwise properly tendered for delivery in accordance with this Agreement, such amount will be “Shortfall Gas”, provided however that (**).
17.1.2 Notwithstanding the above, for the purposes of calculating Shortfall Gas, a Proper Nomination in respect of any Hour shall not include any quantity of Specification Gas:
(a) which exceeds the quantity taken by the Buyer in respect of the immediately preceding Hour (other than by reason of Sellers’ failure to tender for delivery Properly Nominated Gas in such preceding Hour) by more than:
(i) (**) MMBTU if the quantity taken by the Buyer in the preceding Hour was equal to or lower than (**) MMBTU; (ii) (**) MMBTU if the quantity taken by the Buyer in the preceding Hour was higher than (**) MMBTU (**) or (**) MMBTU if the quantity taken by the Buyer in the preceding Hour was higher than (**) MMBTU (**).
(b) (**);
(c) which exceeds zero (0) during the first three (3) Hours after a Cold Start (**); or
(d) which exceeds (**) during the first (**) Hours after any Hour in which the Buyer and others nominated a total quantity of less than (**) MMBTU for delivery from the Reservoir to the Delivery Point or from the fourth Hour after such Hour quantities which exceeds the rates as set out in Article 17.1.2(a) above.
17.1.3 If any correction of quantities delivered in any Hour is made under the provisions of Article 15, then the actual amount of any Shortfall Gas accrued shall be adjusted when the corrected amounts are available under the provisions of Article 15 and the appropriate adjustments shall be made for the purposes of Article 17.2.
17.1.4 In order to avoid any doubt, Shortfall Gas shall not include any quantity for which the Sellers are relieved from liability in accordance with Article 16.
17.1.5 It is agreed that the provisions of Article 17.1 shall not apply in circumstances where in any Hour, the quantity of Gas delivered by the Sellers in respect of that Hour, is within the (**).
17.1.6 In respect of each Day and each Week, if the aggregate quantity of Gas delivered by the Sellers in respect of such periods, is not within the (**), respectively, then the extent to which the aggregate delivery falls short of the aggregate Proper Nominations ...
Shortfall Gas. If for any reason other than Force Majeure, the SELLER makes available to the BUYER at the Delivery Point in respect of any Day within the Delivery Period a quantity of Natural Gas which is less than the delivery obligation according to the Article 4.1 (DCQ), then a quantity equal to the difference between the delivery obligation (DCQ) and the quantity actually delivered at the Delivery Point shall be categorized as a Shortfall Gas.
Shortfall Gas. 17.1.1 With effect from the Commencement Date, if the Sellers fail in respect of any Day and/or Month to make available for delivery the quantity of Specification Gas Properly Nominated for delivery, for any reason other than the Buyer’s failure for any reason to take Specification Gas otherwise properly tendered for delivery in accordance with this Agreement, in excess of the Daily Delivery Tolerance and/or the [***], such amount will be “Shortfall Gas” and that part of the Shortfall Gas which (i) does not exceed [***] of the Proper Nomination in respect of that Day; or (ii) is deemed as Shortfall Gas on a monthly basis in respect of the aggregate Proper Nominations made during a certain Month; shall be referred to herein as “First Shortfall Gas” and that part of the Shortfall Gas which exceeds [***] of the Proper Nomination in respect of that Day shall be referred to herein as “Second Shortfall Gas”.
17.1.2 In order to avoid any doubt, Shortfall Gas shall not include any quantity for which the Sellers are relieved from liability in accordance with Article 16 and any Permitted Delivery Reduction pursuant to Article 2.6.5.
Shortfall Gas. Shortfall Gas is any quantity of Natural Gas not made available by SELLER at Delivery Point in respect of any Day of Delivery Period for reasons other than Force Majeure. Such Shortfall Gas shall be determined by adding up the daily underdeliveries which occurred under this GSA during the Delivery Period concerned, calculated as the difference (if positive) between:
a) the delivery obligation according to the Article 4.1 (DCQ), or the daily quantity, if any, requested by the dispatching center of BUYER in accordance with Article 7 below, whichever is the lower, and
b) the daily quantity of Natural Gas made available by SELLER under this GSA.
Shortfall Gas. 17.1.1 With effect from the later of the Commencement Date and October 1, 2013, if the Sellers fail in respect of any Hour to deliver the quantity of Specification Gas Properly Nominated for delivery for any reason other than the Buyer's failure to take Specification Gas otherwise properly tendered for delivery in accordance with this Agreement, such amount will be "Shortfall Gas", provided however that (**).
17.1.2 Notwithstanding the above, for the purposes of calculating Shortfall Gas, a Proper Nomination in respect of any Hour shall not include any quantity of Specification Gas:
Shortfall Gas. 5.2.1 Shortfall Gas is any quantity of Natural Gas not made available by the SELLER during a Month for reasons other than Force Majeure. Such Shortfall Gas shall be determined by adding up the daily under deliveries which occurred under this GSA during the Month concerned, calculated as the difference (if positive) between:
a) the Daily Delivery Obligation of the SELLER under this GSA as per the Article 4.1 (MaxDCQ), or the daily quantity, if any, requested by the BUYER in accordance with the Article 5.1 above, whichever is the lower, and
b) the daily quantity of Natural Gas made available by the SELLER under this GSA. If the quantity calculated as stated in this subsection is lower than 1 % of the MaxDCQ, then such difference shall not be considered as a Shortfall Gas and the provisions of the Article 5.2.2 shall not apply.
5.2.2 Shortfall Gas shall be calculated daily and a quantity of Natural Gas first delivered on and/or after the Day on which the deficiency occurred equal to the Shortfall Gas shall be priced at the applicable Contract Price reduced by a discount of 8 %. if the Delivery Period is 1.10.2016-31.12.2016