Common use of Charges for Imbalances Clause in Contracts

Charges for Imbalances. (a) The charges for Imbalances for a Service on any Day applicable for the Firm Forward Haulage Service and are calculated in accordance with clause 8.7(b) (Imbalance Charge). (b) In respect of a Firm Forward Haulage Service, the Imbalance Charge will be the greater of: (i) If, at the end of any Day, the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Service, the Shipper is required to pay to the Service Provider an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Service; and (ii) if, at the end of any Day, the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Service, the Shipper will pay to the Service Provider an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Service.

Charges for Imbalances. (a) The charges for Imbalances for a the Service on any Day applicable for the Firm Forward Haulage Service and are calculated in accordance with clause 8.7(b) clauses (Imbalance Charge). (b) In respect of a Firm the Service (being Forward Haulage Service), the Imbalance Charge will be the greater of: (i) If, if at the end of any Day, Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) has for that Day and the immediately preceding three (3) consecutive Days exceeded 10% of the sum of the Operational MDQs for each Path under that Service, the Shipper is required to pay to the Service Provider Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service Service, applied for each GJ by which the Cumulative Imbalance is greater than 10% of the sum of the Operational MDQs for each Path under the Service for each Day until the Cumulative Imbalance is reduced to within 10% of the sum of the Operational MDQs for each Path under that Service; and (ii) if, if at the end of any Day, Day the Shipper's Cumulative Imbalance (whether a positive or a negative, but expressed as an absolute value) exceeds 15% of the sum of the Operational MDQs for each Path under that Service, the Shipper will pay to the Service Provider Providers an Imbalance Charge calculated as 40% of the Reference Tariff for the Firm Forward Haulage Service applied for each Day for each GJ by which the Cumulative Imbalance is greater than 15% of the sum of the Operational MDQs for each Path under that Service.