Non Usus definition
Examples of Non Usus in a sentence
BBL Company's retrieval and release of Firm Transmission Capacity due to Non Usus shall not affect any amount payable by Shipper relating to services under the Agreement and shall not affect the rights and obligations of any Party under the Agreement in any other respect.
Specifically, BBL Company exercising any Non Usus right will not be considered to have failed to fulfill a material obligation for the purpose of Article 13.2 (c).
In case of retrieval of transmission capacity pursuant to Non Usus, as from the moment of retrieval by BBL Company, ▇▇▇▇▇▇▇ shall not be liable for the retrieved part of the Firm Transmission Capacity or the use of that transmission capacity.
From the moment ▇▇▇▇▇▇▇ loses any right with respect to Firm Transmission Capacity pursuant to Non Usus, BBL Company has the right to sell the retrieved Firm Transmission Capacity directly to any other BBL-Shipper.
BBL Company will first offer the retrieved Firm Transmission Capacity on a first come, first served basis to the BBL-Shipper or BBL- Shippers that have been denied Firm Transmission Capacity not more than two (2) Months prior to the date of the start of the procedure by BBL Company to retrieve Firm Transmission Capacity pursuant to Non Usus.
Shipper shall be considered to have used its transmission capacity if Shipper has transferred such capacity through the transfer arrangements as provided for in Article 4.3. If BBL Company wishes to retrieve Firm Transmission Capacity on the grounds of Non Usus, it shall inform ▇▇▇▇▇▇▇ of the occurrence of Non Usus by registered letter, stating why BBL Company considers that the conditions of the Non Usus have been fulfilled.