Common use of Transporter performance Clause in Contracts

Transporter performance. 11.2.1 In relation to exercising its discretions and performing obligations under the Code the Transporter shall at all times: (a) act in a reasonable and prudent manner in relation to the management and operation of each of its Systems and, in the case of National Grid NTS, the National Grid LNG Storage Facilities; and (b) act reasonably and in good faith in its dealings with Users; save that the foregoing shall not apply to the extent that: (i) there is any standard of performance already provided for by any statute, regulation or licence condition to which the Transporter is subject; or (ii) the Transporter would thereby be required to act in a manner which would conflict with any Legal Requirement. 11.2.2 For the avoidance of doubt the operation of this paragraph 11.3 shall not prevent the Transporter from performing any obligation under the Code. 1 Data data definition and indication of the time period to which the data corresponds 2 Timing initial publication timing and where appropriate, timing of updates if the data is subject to any change 3 Format tabular, graphical, other 4 Presentation downloadable, viewable or both 5 Disclosure public or restricted (and if restricted, list of entities to whom the data can be released) None specified 4 Implementation of modification 0006(0727), effective 03 October 2006 will amend Annex V-1 table. forecast of annual System throughput for Formula Year t N/A Formula Year On 1 April or as soon as reasonably practicable thereafter in Formula Year t-1 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas forecast of monthly System throughput for Formula Year t N/A Formula Year On 1 April or as soon as reasonably practicable thereafter in Formula Year t-1 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas actual weekly System throughput N/A Formula Year to date 9 Days after week end ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas annual target cost for each of the Relevant SO Incentive Schemes for Formula Year t NTS SO exit capacity incentive targets (ExCITt) & (ExITt), system rese incentive target (SRITt), gas cost incentive target (GCITt), internal incentive target (ICITt). Formula Year On 1 April or as soon as reasonably practicable thereafter in Formula Year t-1 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas forecast monthly target cost for each of the Relevant SO Incentive Schemes for Formula Year t N/A Formula Year On 1 April or as soon as reasonably practicable thereafter in Formula Year t-1 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas sum of weekly outturn costs The exit performance measure (ExCPt), The NTS SO system balancing costs (SBICt), The Formula Year to date 62 Days after week end ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas for the Relevant SO Incentive Schemes internal cost performance measure (ICCPt) quarterly outturn costs for each of the Relevant SO Incentive Schemes The exit performance measure (ExCPt), The NTS SO system balancing costs (SBICt), The internal cost performance measure (ICCPt) Formula Year to date 62 Days after quarter end ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas Where: t means the relevant Formula Year; t-1 means the Formula Year prior to the relevant Formula Year; week means the seven day period from 06:00 hours on a Monday until 06:00 hours on the following Monday; throughput means (actual inputs to the System + sum of UDQOs) / 2 Relevant SO Incentive Schemes means exit capacity investment incentive, system balancing incentive and internal cost incentive schemes as defined by the Licence;

Transporter performance. 11.2.1 In relation to exercising its discretions and performing obligations under the Code the Transporter shall at all times: (a) act in a reasonable and prudent manner in relation to the management and operation of each of its Systems and, in the case of National Grid NTS, the National Grid LNG Storage Facilities; and (b) act reasonably and in good faith in its dealings with Users; save that the foregoing shall not apply to the extent that: (i) there is any standard of performance already provided for by any statute, regulation or licence condition to which the Transporter is subject; or (ii) the Transporter would thereby be required to act in a manner which would conflict with any Legal Requirement. 11.2.2 For the avoidance of doubt the operation of this paragraph 11.3 shall not prevent the Transporter from performing any obligation under the Code. 1 Data data definition and indication of the time period to which the data corresponds 2 Timing initial publication timing and where appropriate, timing of updates if the data is subject to any change 3 Format tabular, graphical, other 4 Presentation downloadable, viewable or both 5 Disclosure public or restricted (and if restricted, list of entities to whom the data can be released) None specified 4 2 Implementation of modification 0006(0727), effective 03 October 2006 will amend Annex V-1 table. forecast of annual System throughput for Formula Year t N/A Formula Year On 1 April or as soon as reasonably practicable thereafter in Formula Year t-1 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas forecast of monthly System throughput for Formula Year t N/A Formula Year On 1 April or as soon as reasonably practicable thereafter in Formula Year t-1 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas actual weekly System throughput N/A Formula Year to date 9 Days after week end ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas annual target cost for each of the Relevant SO Incentive Schemes for Formula Year t NTS SO exit capacity incentive targets (ExCITt) & (ExITt), system rese incentive target (SRITt), gas cost incentive target (GCITt), internal incentive target (ICITt). Formula Year On 1 April or as soon as reasonably practicable thereafter in Formula Year t-1 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas forecast monthly target cost for each of the Relevant SO Incentive Schemes for Formula Year t N/A Formula Year On 1 April or as soon as reasonably practicable thereafter in Formula Year t-1 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas sum of weekly outturn costs The exit performance measure (ExCPt), The NTS SO system balancing costs (SBICt), The Formula Year to date 62 Days after week end ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas for the Relevant SO Incentive Schemes internal cost performance measure (ICCPt) quarterly outturn costs for each of the Relevant SO Incentive Schemes The exit performance measure (ExCPt), The NTS SO system balancing costs (SBICt), The internal cost performance measure (ICCPt) Formula Year to date 62 Days after quarter end ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇ m/uk/gas Where: t means the relevant Formula Year; t-1 means the Formula Year prior to the relevant Formula Year; week means the seven day period from 06:00 hours on a Monday until 06:00 hours on the following Monday; throughput means (actual inputs to the System + sum of UDQOs) / 2 Relevant SO Incentive Schemes means exit capacity investment incentive, system balancing incentive and internal cost incentive schemes as defined by the Licence;