Common use of Technical Compliance Clause in Contracts

Technical Compliance. Except as agreed otherwise in writing, the Interconnected Party will ensure that all Receipt Points and Additional Receipt Points (if and to the extent included in this Agreement) comply with ICA Schedule One and ICA Schedule Two. Unless otherwise agreed with First Gas, the Interconnected Party will at its cost operate and maintain all Receipt Points under this Agreement. The Interconnected Party will provide First Gas with a copy of its maintenance records for any Receipt Point or Additional Receipt Point on request (but not more than once per Year). Additional Receipt Point(s) The Interconnected Party may request one or more Additional Receipt Points at any time during the term of this Agreement. The Parties must execute an Amending Agreement in respect of any such Additional Receipt Point before First Gas will commence any work in relation to it. The Parties acknowledge and agree that they will determine the content of and may enter into a separate agreement or agreements in relation to the planning, design, construction and connection of the Additional Receipt Point, land access arrangements, and any ancillary matters. In relation to any Additional Receipt Point, the Interconnected Party shall: consult with First Gas to ensure that the design of that Additional Receipt Point meets its reasonable requirements; consider and respond to all reasonable comments or queries from First Gas in relation to compliance with ICA Schedule Two; be responsible for obtaining all necessary consents and approvals required; unless otherwise agreed with First Gas, design, construct, operate and maintain that Additional Receipt Point at its cost; if requested by First Gas pursuant to section 2.8, lease land to First Gas for the purposes of interconnection or Odorisation Facilities pursuant to the Lease; and consult with, and have reasonable regard to the views of, First Gas in relation to the planning, construction and commissioning of the Additional Receipt Point. In relation to any Additional Receipt Point, First Gas shall: use commercially reasonable endeavours to obtain the land and/or property rights it requires in order to connect that Receipt Point to its Pipeline; carry out a full risk assessment in accordance with paragraph 1.1 of ICA Schedule Two, including in relation to: the means of installing any new connection to its Pipeline; the need for (notwithstanding section 6) and means to prevent solid or liquid contaminants from reaching its Pipeline; the need for and means to prevent over-pressurisation of its Pipeline; and the possibility of, and means to mitigate, excess Gas flow into its Pipeline; submit the risk assessment referred to in section 2.8(b) for review by the certifying authority for its Pipeline and: resolve any concerns the certifying authority may have; and be responsible for and use commercially reasonable endeavours to obtain a modified certificate of compliance for its Pipeline including the Additional Receipt Point; be responsible for and use commercially reasonable endeavours to obtain any necessary consents and approvals required in relation to work on its Pipeline; be responsible for and use commercially reasonable endeavours to design, construct, operate and maintain any new connection to its Pipeline and any other new facilities forming part of its Pipeline; and determine whether Odorisation Facilities are required and, if so, whether it will build, own, operate and maintain them. The Interconnected Party will on request provide First Gas with a producer statement and/or a certificate of electrical inspection confirming that a Receipt Point is designed, constructed, operated and maintained in compliance with all applicable laws and, on request, First Gas will provide the Interconnected Party with the same in respect of any First Gas Equipment.

Technical Compliance. Except as agreed otherwise in writing, First Gas (or, if not owned by First Gas, the Interconnected Party as the owner of the Delivery Point) will ensure that all Receipt Delivery Points and Additional Receipt Delivery Points (if and to the extent included in this Agreement) comply with ICA Schedule One and ICA Schedule Two. Unless otherwise agreed with the Interconnected Party, First Gas (or, if not owned by First Gas, the Interconnected Party as the owner of the Delivery Point) will at its cost operate and maintain all Receipt the Delivery Points under this Agreement. The First Gas (or, if not owned by First Gas, the Interconnected Party as the owner of the Delivery Point) will provide First Gas the other Party with a copy of its maintenance records for any Receipt Delivery Point or Additional Receipt Delivery Point on request (but not more than once per Year). Additional Receipt Delivery Point(s) The Interconnected Party may request one or more Additional Receipt Delivery Points at any time during the term of this Agreement. The Parties must execute an Amending Agreement in respect of any such Additional Receipt Delivery Point before First Gas will commence any work in relation to it. The Parties acknowledge and agree that they will determine the content of and may enter into a separate agreement or agreements in relation to the planning, design, construction and connection of the Additional Receipt Delivery Point, land access arrangements, and any ancillary matters. If requested by First Gas, the Interconnected Party shall lease land to First Gas for the purposes of interconnection pursuant to the Lease. In relation to any Additional Receipt Delivery Point, the Interconnected Party First Gas shall: consult with First Gas the Interconnected Party to ensure that the design of that Additional Receipt Delivery Point meets its reasonable requirements; consider and respond to all reasonable comments or queries from First Gas put forward by the Interconnected Party in relation to compliance with ICA Schedule Two; if the Interconnected Party requires Gas taken at that Delivery Point to be responsible for obtaining all necessary consents and approvals required; unless otherwise agreed with First Gasodorised, design, construct, operate and maintain that Additional Receipt Point at its cost; if requested by advise whether First Gas pursuant to section 2.8will build, lease land to First Gas for own and operate the purposes of interconnection or Odorisation Facilities pursuant to the LeaseFacilities; and consult with, and have reasonable regard to the views of, First Gas in relation to the planning, construction and commissioning of the Additional Receipt Point. In relation to any Additional Receipt Point, First Gas shall: use commercially reasonable endeavours to obtain the land and/or property rights it requires in order to connect that Receipt Point to its Pipeline; carry out a full risk assessment in accordance with paragraph 1.1 of ICA Schedule Two, including in relation to: the means of installing any new connection to its Pipeline; the need for (notwithstanding section 6) and means to prevent solid or liquid contaminants from reaching its Pipeline; the need for and means to prevent over-pressurisation of its Pipeline; and the possibility of, and means to mitigate, excess Gas flow into its Pipeline; submit the risk assessment referred to in section 2.8(b) for review by the certifying authority for its Pipeline and: resolve any concerns the certifying authority may have; and be responsible for and use commercially reasonable endeavours to obtain a modified certificate of compliance for its Pipeline including the Additional Receipt Pointsite and/or other appropriate property rights that it may require; be responsible for and use commercially reasonable endeavours to obtain any necessary consents and approvals required in relation to work on its Pipelineit may require; be responsible for and use commercially reasonable endeavours to design, construct, operate and maintain that Additional Delivery Point, including any new connection to its Pipeline and any other new facilities forming part of its PipelineOdorisation Facilities it will own; and determine whether Odorisation Facilities are required andconsult with, if and have reasonable regard to the views of, the Interconnected Party in relation to the planning, construction and commissioning of the Additional Delivery Point. First Gas will on request supply the Interconnected Party with a producer statement and/or a certificate of electrical inspection confirming that an Additional Delivery Point is designed, constructed, operated and maintained in compliance with all applicable laws. Interconnected Party’s Pipeline The Interconnected Party shall ensure that its Pipeline is designed, constructed, operated and maintained in compliance with all applicable laws and will not connect or continue to connect its Pipeline to, or take Gas at, a Delivery Point unless it is safe to do so, whether it will build, own, operate and maintain them. The Interconnected Party shall not install any Interconnected Party Equipment at a Delivery Point without First Gas’ consent, and will on request provide supply First Gas with a producer statement and/or a certificate of electrical inspection confirming that a Receipt Point is designed, constructed, operated and maintained in compliance any Interconnected Party Equipment complies with all applicable laws andand is suitable for use at a Delivery Point. Gas-on Date In respect of any Delivery Point in operation on the Commencement Date, the Gas-on requestDate shall be the Commencement Date. In respect of an Additional Delivery Point, the Interconnected Party shall not take Gas until First Gas has notified the Interconnected Party in writing that the following conditions have been satisfied: the foregoing requirements of section 2 have been met and First Gas has completed commissioning that Delivery Point, including any Odorisation Facilities; the Remote Monitoring Equipment is fully operational; First Gas has received all monies payable (if any) by the Interconnected Party (except where otherwise agreed in writing); and any adjustment to the Credit Support required by First Gas has been made, provided that the Interconnected Party may take limited quantities of Gas, when and to the extent reasonably requested by First Gas, to facilitate commissioning. gas delivery Controlled Delivery Pressure Where ICA Schedule One states that the Delivery Pressure at a Delivery Point is “Controlled”: First Gas will provide determine the means of pressure control and over-pressure protection to be used, provided that First Gas shall not use a slam-shut valve for the purpose described in paragraph 1.6(b) of ICA Schedule Two unless: where both duty and standby pressure control streams are installed, and the set-points of the respective slam-shut valves are such that if the slam-shut valve in the working stream closes the slam-shut valve in the standby stream should remain open; or where only one pressure control stream is installed, the Interconnected Party with can tolerate an immediate and complete stoppage in the same flow of Gas if either a slam-shut valve or pressure regulating valve closes, and remain without Gas for the reasonable time that First Gas may require to reinstate normal pressure control and the ability to take Gas; the normal range within which the Delivery Pressure may vary will be determined by the Pressure Control Settings and the performance characteristics of the pressure control equipment; and the Interconnected Party acknowledges and agrees that the Maximum Delivery Pressure may occur during normal operation and that: it shall ensure that the MAOP of its Pipeline plus any over-pressure allowed under that Pipeline’s design code is not less than the Maximum Delivery Pressure; and First Gas shall have no liability whatsoever in respect of an increase in Delivery Pressure envisaged under this section 3.1(c) unless the Delivery Pressure exceeds the greater of the Maximum Delivery Pressure or the MAOP of the Interconnected Party’s Pipeline. Change in Controlled Delivery Pressure Either Party may request a change in the Nominal Delivery Pressure at a Delivery Point and the other Party shall not unreasonably withhold or delay its consent, provided that: the Interconnected Party shall not be required to agree to any request to decrease the Nominal Delivery Pressure where that would (in its reasonable opinion) materially affect its ability to take or utilise Gas; First Gas shall not be obliged to agree to any request to increase the Nominal Delivery Pressure where that would (in its reasonable opinion) materially reduce its ability to provide transmission services (or additional transmission services); First Gas may make its agreement to any change in the Nominal Delivery Pressure conditional on changes to other Pressure Control Settings that it reasonably considers to be necessary including, where an increase in the Nominal Delivery Pressure is requested, to the applicable Maximum Delivery Pressure; in respect of any request to increase the Nominal Delivery Pressure, the Interconnected Party agrees in writing that the MAOP of its Pipeline is sufficient to allow that increase, and any consequent increase in the Maximum Delivery Pressure reasonably determined by First Gas; the requesting Party shall be responsible for the reasonable direct costs of any required modifications to that Delivery Point, as determined by First Gas Equipmentand, where First Gas is the requesting Party, First Gas shall also be responsible for any reasonable direct costs incurred by the Interconnected Party as a condition of its agreement to its request; and ICA Schedule One shall be amended to reflect any changes pursuant to this section 3.2.

Technical Compliance. Except as agreed otherwise in writingGeneral Subject to section 2.2, the Interconnected Party will ensure that is responsible for the compliance of all Receipt Points and Points, including Additional Receipt Points (if and to the extent included in this Agreement) comply with ICA Schedule Schedules One and ICA Schedule Two. Unless otherwise agreed with First Gas, the Interconnected Party will at its cost operate and maintain all Receipt Points under this Agreement. The Interconnected Party will provide First Gas with a copy acknowledges and agrees that for the purposes of its maintenance records for any this Agreement the [ ] Receipt Point or complies with Schedule Two as at the Commencement Date. Additional Receipt Point on request (but not more than once per Year). Additional Receipt Point(s) The Interconnected Party may request one or more Additional Receipt Points at any time during the term Prior to commencing construction of this Agreement. The Parties must execute an Amending Agreement in respect of any such Additional Receipt Point before First Gas will commence any work in relation to it. The Parties acknowledge and agree that they will determine the content of and may enter into a separate agreement or agreements in relation to the planning, design, construction and connection of the Additional Receipt Point, land access arrangements, and any ancillary matters. In relation to any Additional Receipt Point, the Interconnected Party shall: consult with First Gas to ensure that the design of that Additional the Receipt Point meets will meet its reasonable requirements; consider and respond to all reasonable comments or queries from put forward by First Gas in relation to compliance with ICA Schedule Two; be responsible for obtaining and use commercially reasonable endeavours to obtain all necessary consents and approvals required; unless otherwise agreed with First Gas, design, construct, operate and maintain that Additional Receipt Point at its cost; if requested required by First Gas pursuant to section 2.8, lease land to First Gas for the purposes of interconnection or Odorisation Facilities pursuant to the Lease; and consult with, and have reasonable regard to the views of, First Gas Law in relation to the planning, construction and commissioning of the Additional Receipt Point. In relation to respect of any Additional Receipt Point, First Gas shallshall have the right to: use commercially reasonable endeavours negotiate with any land owner and/or other relevant party to obtain the land a site and/or such other appropriate property rights it requires as First Gas may require in order relation to connect that Receipt Point any connection to its Pipeline; carry out a full risk assessment of any connection to its Pipeline in accordance with paragraph 1.1 of ICA Schedule Two, including in relation to: the means of installing any new connection to its Pipelineconnection; the need for (notwithstanding section 65) and means to prevent solid or liquid contaminants from reaching its First Gas’ Pipeline; the need for and means to prevent protect First Gas’ Pipeline from over-pressurisation of its Pipelinepressurisation; and the possibility of, and means to mitigate, of excess Gas flow into its PipelineFirst Gas’ Pipeline and the mitigation of any consequences; submit the risk assessment referred to in section 2.8(b2.2(b) for review by the certifying authority for its Pipeline and: resolve any concerns that the certifying authority may have; and be responsible for and use commercially reasonable endeavours to obtain from the certifying authority a modified certificate of compliance for its Pipeline, allowing for the connection to its Pipeline including and the Additional Receipt Point; be responsible for and use commercially reasonable endeavours to obtain any necessary consents and approvals required in relation to work on the connection to its Pipeline; be responsible for and use commercially reasonable endeavours to design, construct, operate install and maintain any new commission the connection to its Pipeline and any other new facilities forming part of its Pipeline; and determine whether Odorisation Facilities are required and, and if so, whether it will build, own, operate shall be the Odorisation Facilities Owner and maintain themtake on the obligations of such party as set out in section 7. The Interconnected Party will on request provide supply to First Gas with a producer statement and/or a certificate of electrical inspection confirming that a Receipt Point is designed, constructed, operated and maintained in compliance with all applicable laws and, on request, Laws. First Gas will provide on request supply to the Interconnected Party with the same a producer statement and/or a certificate of electrical inspection in respect of any First Gas EquipmentEquipment located at a Receipt Point.

Technical Compliance. Except as agreed otherwise in writing, the Interconnected Party will ensure that all Receipt Points and Additional Receipt Points (if and to the extent included in this Agreement) comply with ICA Schedule One and ICA Schedule Two. Unless otherwise agreed with First Gas, the Interconnected Party will at its cost operate and maintain all Receipt Points under this Agreement. The Interconnected Party will provide First Gas with a copy of its maintenance records for any Receipt Point or Additional Receipt Point on request (but not more than once per Year). Additional Receipt Point(s) The Interconnected Party may request one or more Additional Receipt Points at any time during the term of this Agreement. The Parties must execute an Amending Agreement in respect of any such Additional Receipt Point before First Gas will commence any work in relation to it. The Parties acknowledge and agree that they will determine the content of and may enter into a separate agreement or agreements in relation to the planning, design, construction and connection of the Additional Receipt Point, land access arrangements, and any ancillary matters. In relation to any Additional Receipt Point, the Interconnected Party shall: consult with First Gas to ensure that the design of that Additional Receipt Point meets its reasonable requirements; consider and respond to all reasonable comments or queries from First Gas in relation to compliance with ICA Schedule Two; be responsible for obtaining all necessary consents and approvals required; unless otherwise agreed with First Gas, design, construct, operate and maintain that Additional Receipt Point at its cost; if requested by First Gas pursuant to section 2.8, lease land to First Gas for the purposes of interconnection or Odorisation Facilities pursuant to the Lease; and consult with, and have reasonable regard to the views of, First Gas in relation to the planning, construction and commissioning of the Additional Receipt Point. In relation to any Additional Receipt Point, First Gas shall: use commercially reasonable endeavours to obtain the land and/or property rights it requires in order to connect that Receipt Point to its Pipeline; carry out a full risk assessment in accordance with paragraph 1.1 of ICA Schedule Two, including in relation to: the means of installing any new connection to its Pipeline; the need for (notwithstanding section 6) and means to prevent solid or liquid contaminants from reaching its Pipeline; the need for and means to prevent over-pressurisation of its Pipeline; and the possibility of, and means to mitigate, excess Gas flow into its Pipeline; submit the risk assessment referred to in section 2.8(b) for review by the certifying authority for its Pipeline and: resolve any concerns the certifying authority may have; and be responsible for and use commercially reasonable endeavours to obtain a modified certificate of compliance for its Pipeline including the Additional Receipt Point; be responsible for and use commercially reasonable endeavours to obtain any necessary consents and approvals required in relation to work on its Pipeline; be responsible for and use commercially reasonable endeavours to design, construct, operate and maintain any new connection to its Pipeline and any other new facilities forming part of its Pipeline; and determine whether Odorisation Facilities are required and, if so, whether it will build, own, operate and maintain them. The Interconnected Party will on request provide First Gas with a producer statement and/or a certificate of electrical inspection confirming that a Receipt Point is designed, constructed, operated and maintained in compliance with all applicable laws and, on request, First Gas will provide the Interconnected Party with the same in respect of any First Gas Equipment.

Technical Compliance. Except General Subject to section 2.2Except as agreed otherwise in writing, the Interconnected Party is responsible for the compliance of will ensure that all Receipt Points and Points, including Additional Receipt Points (if and to the extent included in this Agreement) Points, comply with ICA Schedule Schedules One and ICA Schedule Two. Unless otherwise agreed with First Gas, the Interconnected Party will at its cost operate and maintain all Receipt Points under this Agreement. The Interconnected Party will provide First Gas with a copy of its maintenance records for any Receipt Point or Additional a Receipt Point on request (but not to be more than once per Yearcalendar year). First Gas acknowledges and agrees that for the purposes of this Agreement the [ ] Receipt Point complies with Schedule Two as at the Commencement Date. Additional Receipt Point(s) The Point Prior to commencing construction ofThe Interconnected Party may request one or more an Additional Receipt Points Point at any time during the term of this Agreement. The Parties must shall execute an Amending Agreement in respect of any such that Additional Receipt Point before First Gas will commence commencing any work in relation to it. The Parties acknowledge and agree that they will determine the content of and may enter into a separate agreement or agreements Subject to section 2.5, in relation to the planning, design, construction and connection of the Additional Receipt Point, land access arrangements, and any ancillary matters. In relation to any Additional Receipt Point, the Interconnected Party shall: consult with First Gas to ensure that the design of that Additional the Receipt Point meets will meet its reasonable requirements; consider and respond to all reasonable comments or queries from put forward by First Gas in relation to compliance with ICA Schedule Two; be responsible for obtaining and use commercially reasonable endeavours to obtain all necessary consents and approvals requiredrequired by Law in relation to the Receipt Point. ; and unless otherwise agreed with First Gas, design, construct, operate and maintain that Additional Receipt Point at its cost; if requested by First Gas pursuant to section 2.8, lease land to First Gas for the purposes of interconnection or Odorisation Facilities pursuant to the Lease; and consult with, and have reasonable regard to the views of, First Gas in relation to the planning, construction and commissioning of the Additional Receipt Point. In relation respect ofrelation to any Additional Receipt Point, First Gas shallshall have the right to: use commercially reasonable endeavours where the Receipt Point will be located on land owned by a third person, negotiate with any land owner and/or other relevant partythat person to obtain the a sitethe land and/or such other appropriate property rights it requires asthat First Gas may require in order relationrequires to connect anyenable connection of that Receipt Point to its PipelinePipeline and; carry out a full risk assessment of any connection to its Pipeline in accordance with paragraph 1.1 of ICA Schedule Two, including in relation to: the means of installing effecting any new connection to its Pipelineconnection; the need for (notwithstanding section 656) and means to prevent solid or liquid contaminants from reaching its First Gas’its Pipeline; the need for and means to prevent protect First Gas’ Pipeline fromprevent over-pressurisation of its Pipeline; and the possibility of, and means to mitigate, mitigate excess Gas flow into its PipelineFirst Gas’its Pipeline and the mitigation of any consequences; submit the risk assessment referred to in this section 2.8(b2.25(b) for review by the certifying authority for its Pipeline and: resolve any concerns that the certifying authority authorityperson may have; and be responsible for and use commercially reasonable endeavours to obtain from the certifying authority a modified certificate of compliance for its Pipeline, allowing for the connection to its Pipeline and the including the Additional Receipt Point; be responsible for and use commercially reasonable endeavours to obtain any necessary consents and approvals required in relation to the connection to its Pipeline; design, construct, install and commission the connection torequired work on its Pipeline; be responsible for and use commercially reasonable endeavours to design, construct, operate and maintain any new connection to its Pipeline and any other new facilities forming part of its Pipeline; and determine whether Odorisation Facilities are required and, if so, whether it will build, own, operate shall be the Odorisation Facilities Owner and maintain themtake on the obligations of such party as set out inwill own them in accordance with section 7. The Interconnected Party will on request provide supply to First Gas with a producer statement and/or a certificate of electrical inspection confirming that a Receipt Point is designed, constructed, operated and maintained in compliance with all applicable Laws. laws and, on request, request First Gas will provide on request supply to the Interconnected Party with the same a producer statement and/or a certificate of electrical inspectionwith similar documentation in respect of any new facilities forming part of its Pipeline and/or any First Gas EquipmentEquipment located at a Receipt Point.

Technical Compliance. Except as agreed otherwise in writing, First Gas (or, if not owned by First Gas, the Interconnected Party as the owner of the Delivery Point) will ensure that all Receipt Delivery Points and Additional Receipt Delivery Points (if and to the extent included in this Agreement) comply with ICA Schedule One and ICA Schedule Two. Unless otherwise agreed with the Interconnected Party, First Gas (or, if not owned by First Gas, the Interconnected Party as the owner of the Delivery Point) will at its cost operate and maintain all Receipt the Delivery Points under this Agreement. The First Gas (or, if not owned by First Gas, the Interconnected Party as the owner of the Delivery Point) will provide First Gas the other Party with a copy of its maintenance records for any Receipt Delivery Point or Additional Receipt Delivery Point on request (but not more than once per Year). Additional Receipt Delivery Point(s) The Interconnected Party may request one or more Additional Receipt Delivery Points at any time during the term of this Agreement. The Parties must execute an Amending Agreement in respect of any such Additional Receipt Delivery Point before First Gas will commence any work in relation to it. The Parties acknowledge and agree that they will determine the content of and may enter into a separate agreement or agreements in relation to the planning, design, construction and connection of the Additional Receipt Delivery Point, land access arrangements, and any ancillary matters. If requested by First Gas, the Interconnected Party shall lease land to First Gas for the purposes of interconnection pursuant to the Lease. In relation to any Additional Receipt Delivery Point, the Interconnected Party First Gas shall: consult with First Gas the Interconnected Party to ensure that the design of that Additional Receipt Delivery Point meets its reasonable requirements; consider and respond to all reasonable comments or queries from First Gas put forward by the Interconnected Party in relation to compliance with ICA Schedule Two; if the Interconnected Party requires Gas taken at that Delivery Point to be responsible for obtaining all necessary consents and approvals required; unless otherwise agreed with First Gasodorised, design, construct, operate and maintain that Additional Receipt Point at its cost; if requested by advise whether First Gas pursuant to section 2.8will build, lease land to First Gas for own and operate the purposes of interconnection or Odorisation Facilities pursuant to the LeaseFacilities; and consult with, and have reasonable regard to the views of, First Gas in relation to the planning, construction and commissioning of the Additional Receipt Point. In relation to any Additional Receipt Point, First Gas shall: use commercially reasonable endeavours to obtain the land and/or property rights it requires in order to connect that Receipt Point to its Pipeline; carry out a full risk assessment in accordance with paragraph 1.1 of ICA Schedule Two, including in relation to: the means of installing any new connection to its Pipeline; the need for (notwithstanding section 6) and means to prevent solid or liquid contaminants from reaching its Pipeline; the need for and means to prevent over-pressurisation of its Pipeline; and the possibility of, and means to mitigate, excess Gas flow into its Pipeline; submit the risk assessment referred to in section 2.8(b) for review by the certifying authority for its Pipeline and: resolve any concerns the certifying authority may have; and be responsible for and use commercially reasonable endeavours to obtain a modified certificate of compliance for its Pipeline including the Additional Receipt Pointsite and/or other appropriate property rights that it may require; be responsible for and use commercially reasonable endeavours to obtain any necessary consents and approvals required in relation to work on its Pipelineit may require; be responsible for and use commercially reasonable endeavours to design, construct, operate and maintain that Additional Delivery Point, including any new connection to its Pipeline and any other new facilities forming part of its PipelineOdorisation Facilities it will own; and determine whether Odorisation Facilities are required andconsult with, if and have reasonable regard to the views of, the Interconnected Party in relation to the planning, construction and commissioning of the Additional Delivery Point. First Gas will on request supply the Interconnected Party with a producer statement and/or a certificate of electrical inspection confirming that an Additional Delivery Point is designed, constructed, operated and maintained in compliance with all applicable laws. Interconnected Party’s Pipeline The Interconnected Party shall ensure that its Pipeline is designed, constructed, operated and maintained in compliance with all applicable laws and will not connect or continue to connect its Pipeline to, or take Gas at, a Delivery Point unless it is safe to do so, whether it will build, own, operate and maintain them. The Interconnected Party shall not install any Interconnected Party Equipment at a Delivery Point without First Gas’ consent, and will on request provide supply First Gas with a producer statement and/or a certificate of electrical inspection confirming that a Receipt Point is designed, constructed, operated and maintained in compliance any Interconnected Party Equipment complies with all applicable laws andand is suitable for use at a Delivery Point. Gas-on Date In respect of any Delivery Point in operation on the Commencement Date, the Gas-on requestDate shall be the Commencement Date. In respect of an Additional Delivery Point, the Interconnected Party shall not take Gas until First Gas has notified the Interconnected Party in writing that the following conditions have been satisfied: the foregoing requirements of section 2 have been met and First Gas has completed commissioning that Delivery Point, including any Odorisation Facilities; the Remote Monitoring Equipment is fully operational; First Gas has received all monies payable (if any) by the Interconnected Party (except where otherwise agreed in writing); and any adjustment to the Credit Support required by First Gas has been made, provided that the Interconnected Party may take limited quantities of Gas, when and to the extent reasonably requested by First Gas, to facilitate commissioning. gas delivery Controlled Delivery Pressure Where ICA Schedule One states that the Delivery Pressure at a Delivery Point is “Controlled”: First Gas will provide determine the means of pressure control and over-pressure protection to be used, provided that First Gas shall not use a slam-shut valve for the purpose described in paragraph 1.6(b) of ICA Schedule Two unless: where both duty and standby pressure control streams are installed, and the set-points of the respective slam-shut valves are such that if the slam-shut valve in the working stream closes the slam-shut valve in the standby stream should remain open; or where only one pressure control stream is installed, the Interconnected Party with can tolerate an immediate and complete stoppage in the same flow of Gas if either a slam-shut valve or pressure regulating valve closes, and remain without Gas for the reasonable time that First Gas may require to reinstate normal pressure control and the ability to take Gas; the normal range within which the Delivery Pressure may vary will be determined by the Pressure Control Settings and the performance characteristics of the pressure control equipment; and the Interconnected Party acknowledges and agrees that the Maximum Delivery Pressure may occur during normal operation and that: it shall ensure that the MAOP of its Pipeline plus any over-pressure allowed under that Pipeline’s design code is not less than the Maximum Delivery Pressure; and First Gas shall have no liability whatsoever in respect of an increase in Delivery Pressure envisaged under this section 3.1(c) unless the Delivery Pressure exceeds the greater of the Maximum Delivery Pressure or the MAOP of the Interconnected Party’s Pipeline. Change in Controlled Delivery Pressure Either Party may request a change in the Nominal Delivery Pressure at a Delivery Point and the other Party shall not unreasonably withhold or delay its consent, provided that: the Interconnected Party shall not be required to agree to any request to decrease the Nominal Delivery Pressure where that would (in its reasonable opinion) materially affect its ability to take or utilise Gas; First Gas shall not be obliged to agree to any request to increase the Nominal Delivery Pressure where that would (in its reasonable opinion) materially reduce its ability to provide transmission services (or additional transmission services); First Gas may make its agreement to any change in the Nominal Delivery Pressure conditional on changes to other Pressure Control Settings that it reasonably considers to be necessary including, where an increase in the Nominal Delivery Pressure is requested, to the applicable Maximum Delivery Pressure; in respect of any request to increase the Nominal Delivery Pressure, the Interconnected Party agrees in writing that the MAOP of its Pipeline is sufficient to allow that increase, and any consequent increase in the Maximum Delivery Pressure reasonably determined by First Gas; the requesting Party shall be responsible for the reasonable direct costs of any required modifications to that Delivery Point, as determined by First Gas Equipmentand, where First Gas is the requesting Party, First Gas shall also be responsible for any reasonable direct costs incurred by the Interconnected Party as a condition of its agreement to its request; and ICA Schedule One shall be amended to reflect any changes pursuant to this section 3.2.