Common use of Daily Nominations Clause in Contracts

Daily Nominations. (a) The procedure set out in this clause 6.4(a) applies in respect of Daily Nominations under this agreement on and from the Execution Date until the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(a) are in ACST. (i) No later than 14:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Customer may, by notice to the Service Provider, request a change to the Customer's Weekly Nomination (Daily Nomination). If the Customer does not request a change in respect of any Day covered by the Weekly Nomination by 14:00 hours on the Day before that Day, the Customer’s Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider must, by 16:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a notice to the Customer containing the Customer’s: A. Confirmed Receipt Nomination; and B. Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, a Confirmed Nomination). The Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider unless that estimate is confirmed pursuant to clause 6.4(a)(iii). (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:30 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is not under any obligation to accept any Daily Nomination submitted after 14:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point. (v) In making a decision regarding whether to accept a Daily Nomination, the Service Provider, acting reasonably and in good faith, will consider: A. operational matters; B. the provisions of this agreement; and C. whether the Customer has a confirmed receipt nomination under the GTA, and the Service Provider’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTA. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(a) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4 (a) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO. (b) The procedure set out in this clause 6.4(b) applies in respect of Daily Nominations under this agreement on and from the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(b) are in AEST (i) No later than 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Customer may, by notice to the Service Provider, request a change to the Customer's Weekly Nomination (Daily Nomination). If the Customer does not request a change in respect of any Day covered by the Weekly Nomination by 15:00 hours on the Day before that Day, the Customer’s Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider must, by 16:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a notice to the Customer containing the Customer’s: A. Confirmed Receipt Nomination; and B. Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, a Confirmed Nomination). The Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider unless that estimate is confirmed pursuant to clause 6.4(b)(iii). (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:00 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is not under any obligation to accept any Daily Nomination submitted after 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point. (v) In making a decision regarding whether to accept a Daily Nomination, the Service Provider, acting reasonably and in good faith, will consider: A. operational matters; B. the provisions of this agreement; and C. whether the Customer has a confirmed receipt nomination under the GTA, and the Service Provider’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTA. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(b) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4(b) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO.

Appears in 1 contract

Sources: Nitrogen Removal Services Agreement

Daily Nominations. (a) The procedure set out in this clause 6.4(a4.5(a) applies in respect of Daily Nominations under this agreement on and from the Execution Date until the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(a) are in ACST.Nominations: (i) No later than 14:00 15:00 hours on the Day before the Customer is Service Providers are to deliver Gas provide the Service to the NRSA Receipt PointShipper, the Customer Shipper may, by notice to the Service ProviderProviders, request a change to the CustomerShipper's relevant Weekly Nomination (Daily Nomination). If the Customer Shipper does not request a change in respect of any Day covered by the Weekly Nomination or does not revise its Weekly Nomination in accordance with clause 4.4(b) by 14:00 15:00 hours on the Day before that Day, the Customer’s Shippers’ Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider Providers must, by 16:00 16:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is Service Providers are required to deliver Gas provide the Service to the NRSA Receipt PointShipper, provide a notice to the Customer Shipper containing the CustomerShipper’s: A. (A) Confirmed Receipt Nomination; and B. (B) Confirmed Delivery Nomination, for each Firm Nitrogen Removal the Service (together, a Confirmed Nomination). The Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider Providers unless that estimate is confirmed pursuant to clause 6.4(a)(iii4.5(a)(iii). (iii) If there are is a Curtailment as a result of renominations under any Gas Transportation Agreements that are accepted by the Service Provider Providers and either of these events this results in a change to the CustomerShipper’s Confirmed Nomination, the Service Provider Providers must, by 22:30 22:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is Service Providers are required to deliver Gas provide the Service to the NRSA Receipt PointShipper, provide a revised Confirmed Nomination to the Customer Shipper containing the CustomerShipper’s: A. (A) revised Confirmed Receipt Nomination; and B. (B) revised Confirmed Delivery Nomination, for all Services the Service (together, a Revised Confirmed Nomination). If the Service Provider does Providers do not provide a Revised Confirmed Nomination by 22:30 22:00 hours or as soon as possible thereafter to the CustomerShipper, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is Providers are not under any obligation to accept any Daily Nomination submitted after 14:00 15:00 hours on the Day before the Customer is Service Providers are required to deliver Gas provide that Service to the NRSA Receipt PointShipper. (v) In making a decision regarding whether to accept a Daily Nomination, the Service ProviderProviders, acting reasonably and in good faithreasonably, will consider:consider (without limitation): A. (A) operational matters; B. (B) the provisions of this agreementdocument, including any Instrument of Agreement; and C. (C) whether the Customer has a confirmed receipt nomination under the GTAsufficient capacity is available, and the Service Provider’s Providers’ decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTAfinal. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services the Service is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services the Service and has immediate effect upon receipt by the CustomerShipper. (vii) The Revised Confirmed Nomination is final with respect to all Services the Service and has immediate effect upon receipt by the CustomerShipper. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(a) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4 (a) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO. (b) The procedure set out in this clause 6.4(b) applies in respect of Daily Nominations under this agreement on and from the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(b) are in AEST (i) No later than 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Customer may, by notice to the Service Provider, request a change to the Customer's Weekly Nomination (Daily Nomination). If the Customer does not request a change in respect of any Day covered by the Weekly Nomination by 15:00 hours on the Day before that Day, the Customer’s Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider must, by 16:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a notice to the Customer containing the Customer’s: A. Confirmed Receipt Nomination; and B. Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, a Confirmed Nomination). The Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider unless that estimate is confirmed pursuant to clause 6.4(b)(iii). (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:00 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is not under any obligation to accept any Daily Nomination submitted after 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point. (v) In making a decision regarding whether to accept a Daily Nomination, the Service Provider, acting reasonably and in good faith, will consider: A. operational matters; B. the provisions of this agreement; and C. whether the Customer has a confirmed receipt nomination under the GTA, and the Service Provider’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTA. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(b) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4(b) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO.

Appears in 1 contract

Sources: Gas Transportation Agreement

Daily Nominations. (a) The procedure set out in this clause 6.4(a) applies in respect of Daily Nominations under this agreement on and from the Execution Date until the Standard Market Timetable Commencement Dateagreement. For the avoidance of doubt, the times referred to in this clause 6.4(a) are in ACST. (i) No later than 14:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Customer may, by notice to the Service Provider, request a change to the Customer's Weekly Nomination (Daily Nomination). If the Customer does not request a change in respect of any Day covered by the Weekly Nomination by 14:00 hours on the Day before that Day, the Customer’s Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider must, by 16:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a notice to the Customer containing the Customer’s: A. Confirmed Receipt Nomination; and B. Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, a Confirmed Nomination). The Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider unless that estimate is confirmed pursuant to clause 6.4(a)(iii). (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:30 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is not under any obligation to accept any Daily Nomination submitted after 14:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point. (v) In making a decision regarding whether to accept a Daily Nomination, the Service Provider, acting reasonably and in good faith, will consider: A. operational matters; B. the provisions of this agreement; and C. whether the Customer has a confirmed receipt nomination under the GTA, and the Service Provider’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTA. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(a) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4 (a) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO. (b) The procedure set out in this clause 6.4(b) applies in respect of Daily Nominations under this agreement on and from the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(b) are in AEST (i) No later than 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Customer may, by notice to the Service Provider, request a change to the Customer's Weekly Nomination (Daily Nomination). If the Customer does not request a change in respect of any Day covered by the Weekly Nomination by 15:00 hours on the Day before that Day, the Customer’s Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider must, by 16:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a notice to the Customer containing the Customer’s: A. Confirmed Receipt Nomination; and B. Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, a Confirmed Nomination). The Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider unless that estimate is confirmed pursuant to clause 6.4(b)(iii6.4(a)(iii). (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:00 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is not under any obligation to accept any Daily Nomination submitted after 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point. (v) In making a decision regarding whether to accept a Daily Nomination, the Service Provider, acting reasonably and in good faith, will consider: A. operational matters; B. the provisions of this agreement; and C. whether the Customer has a confirmed receipt nomination under the GTA, and the Service Provider’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTA. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(b6.4(a) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4(b6.4 (a) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO.

Appears in 1 contract

Sources: Nitrogen Removal Services Agreement

Daily Nominations. (a) The procedure procedures set out in this clause 6.4(a5.4(a) applies in respect of Daily Nominations under this agreement on and from the Execution Date until the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(a) are in ACST.: (i) No later than 14:00 15:00 hours on the Day before the Customer is Service Providers are to deliver Gas provide a Service to the NRSA Receipt PointShipper, the Customer Shipper may, by notice to the Service ProviderProviders, request a change to the CustomerShipper's relevant Weekly Nomination (Daily Nomination). If the Customer Shipper does not request a change in respect of any Day covered by the Weekly Nomination or does not revise its Weekly Nomination in accordance with clause 5.3(b) by 14:00 15:00 hours on the Day before that Day, the Customer’s Shippers’ Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider Providers must, by 16:00 16:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is Service Providers are required to deliver Gas provide the Service to the NRSA Receipt PointShipper, provide a notice to the Customer Shipper containing the CustomerShipper’s: A. : Confirmed Receipt Nomination; and B. and Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, a Confirmed Nomination). The ) and in respect of all other Services (other than Firm Services) the Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) Providers estimate (assuming that no Curtailment will be required as a result of that Day’s Capacity Auction and there are no renominations under Gas Transportation Agreementsthe OTSAs) will be scheduled for receipt at a NRSA Receipt Point or delivered to a Delivery Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider Providers unless that estimate is confirmed pursuant to clause 6.4(a)(iii5.4(a)(iii). (iii) If there is a Curtailment as a result of the Capacity Auction or there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider Providers and either of these events results in a change to the CustomerShipper’s Confirmed Nomination, the Service Provider Providers must, by 22:30 22:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is Service Providers are required to deliver Gas provide the Service to the NRSA Receipt PointShipper, provide a revised Confirmed Nomination to the Customer Shipper containing the CustomerShipper’s: A. : revised Confirmed Receipt Nomination; and B. and revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does Providers do not provide a Revised Confirmed Nomination by 22:30 22:00 hours or as soon as possible thereafter to the CustomerShipper, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is Providers are not under any obligation to accept any Daily Nomination submitted after 14:00 15:00 hours on the Day before the Customer is Service Providers are required to deliver Gas provide that Service to the NRSA Receipt PointShipper. (v) In making a decision regarding whether to accept a Daily Nomination, the Service ProviderProviders, acting reasonably and in good faithreasonably, will consider: A. consider (without limitation): operational matters; B. ; the provisions of this agreementdocument, including any relevant Annexures; and C. and whether sufficient capacity is available, taking into account the Customer has a confirmed receipt nomination under the GTAPriority of Service, and the Service Provider’s Providers’ decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTAfinal. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the CustomerShipper. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the CustomerShipper. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determinesProviders determine, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(a5.4(a) (Timetable Delay), then the Service Provider Providers will be relieved of its obligation to comply with the timeframes set out in this clause 6.4of (a) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO. (b) The procedure set out in this clause 6.4(b) applies in respect of Daily Nominations under this agreement on and from the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(b) are in AEST (i) No later than 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Customer may, by notice to the Service Provider, request a change to the Customer's Weekly Nomination (Daily Nomination). If the Customer does not request a change in respect of any Day covered by the Weekly Nomination by 15:00 hours on the Day before that Day, the Customer’s Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider must, by 16:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a notice to the Customer containing the Customer’s: A. Confirmed Receipt Nomination; and B. Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, a Confirmed Nomination). The Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider unless that estimate is confirmed pursuant to clause 6.4(b)(iii). (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:00 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is not under any obligation to accept any Daily Nomination submitted after 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point. (v) In making a decision regarding whether to accept a Daily Nomination, the Service Provider, acting reasonably and in good faith, will consider: A. operational matters; B. the provisions of this agreement; and C. whether the Customer has a confirmed receipt nomination under the GTA, and the Service Provider’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTA. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(b) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4(b) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO.

Appears in 1 contract

Sources: Gas Transportation Agreement

Daily Nominations. (a) The procedure set out in this clause 6.4(a) applies in respect of Daily Nominations under this agreement on and from the Execution Date until the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(a) are in ACST. (i) No later than 14:00 hours 2:00 pm on the Day before the Customer Transporter is to deliver Gas provide a Service to the NRSA Receipt PointShipper, the Customer may, Shipper may by notice to the Service Provider, Transporter request a change to the CustomerShipper's relevant Weekly Nomination (Daily Nomination). If the Customer Shipper does not request a change in respect of any Day covered by the Weekly Nomination or does not revise its Weekly Nomination in accordance with clause 6.3(b) by 14:00 2:00 pm hours on the Day before that Day, the Customer’s Shippers’ Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (iib) In the event that the Daily Nomination is received between 2:00 pm and 4:00 pm on the Day before the Transporter is to provide the Service to the Shipper, the Transporter has no obligation to accept the Daily Nomination, but must use reasonable endeavours to accommodate the request. (c) The Service Provider must, Transporter must by 16:00 hours 4:00 pm or as soon as possible thereafter on the Day before the Day on which the Customer Transporter is required to deliver Gas provide the Service to the NRSA Receipt PointShipper, provide a notice to the Customer Shipper containing the CustomerShipper’s: A. (i) Confirmed Receipt Nomination; and B. (ii) Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, together a Confirmed Nomination). . (d) The Confirmed Nomination will contain an amount Transporter must notify the Shipper in writing in accordance with clause 7.1 as soon as reasonably practicable after the Transporter becomes aware that any quantities of Gas that nominated in the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will Shipper's Daily Nomination are not able to be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in receipt, transport or delivery by the Confirmed Nomination is not binding upon the Service Provider unless that estimate is confirmed pursuant to clause 6.4(a)(iii)Transporter. (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:30 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (ive) The Service Provider Transporter is not under any obligation to accept any Daily Nomination submitted after 14:00 hours 4:00pm on the Day before the Customer Transporter is required to deliver Gas provide that Service to the NRSA Receipt PointShipper. (vf) Unless otherwise set out in the Confirmed Nomination, the Confirmed Nomination is final and has immediate effect upon receipt by the Shipper. (g) In making a decision regarding whether to accept a Daily Nomination, the Service ProviderTransporter, acting reasonably and in good faith, will consider: A. (i) operational matters; B. (ii) the provisions of this agreement, including any relevant Annexures; and C. (iii) whether sufficient Capacity is available, taking into account the Customer has a confirmed receipt nomination under the GTAPriority of Service, and the Service ProviderTransporter’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTAfinal. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(a) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4 (a) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO. (b) The procedure set out in this clause 6.4(b) applies in respect of Daily Nominations under this agreement on and from the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(b) are in AEST (i) No later than 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Customer may, by notice to the Service Provider, request a change to the Customer's Weekly Nomination (Daily Nomination). If the Customer does not request a change in respect of any Day covered by the Weekly Nomination by 15:00 hours on the Day before that Day, the Customer’s Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider must, by 16:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a notice to the Customer containing the Customer’s: A. Confirmed Receipt Nomination; and B. Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, a Confirmed Nomination). The Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider unless that estimate is confirmed pursuant to clause 6.4(b)(iii). (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:00 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is not under any obligation to accept any Daily Nomination submitted after 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point. (v) In making a decision regarding whether to accept a Daily Nomination, the Service Provider, acting reasonably and in good faith, will consider: A. operational matters; B. the provisions of this agreement; and C. whether the Customer has a confirmed receipt nomination under the GTA, and the Service Provider’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTA. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(b) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4(b) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO.

Appears in 1 contract

Sources: Gas Transportation Agreement

Daily Nominations. (a) The procedure set out in this clause 6.4(a) applies in respect of Daily Nominations under this agreement on and from the Execution Date until the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(a) are in ACST. (i) No later than 14:00 hours 2:00 pm on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Customer may, may by notice to the Service Provider, Provider request a change to the Customer's relevant Weekly Nomination (Daily Nomination). If the Customer does not request a change in respect of any Day covered by the Weekly Nomination or does not revise its Weekly Nomination in accordance with clause 6.3(b) by 14:00 2:00 pm hours on the Day before that Day, the Customer’s Customers’ Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (iib) In the event that the Daily Nomination is received between 2:00 pm and 4:00 pm on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Service Provider has no obligation to accept the Daily Nomination, but must use reasonable endeavours to accommodate the request. (c) The Service Provider must, must by 16:00 hours 4:00 pm or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a notice to the Customer containing the Customer’s: A. (i) Confirmed Receipt Nomination; and B. (ii) Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, together a Confirmed Nomination). . (d) The Confirmed Nomination will contain an amount of Gas that Service Provider must notify the Customer in writing in accordance with clause 7.1 as soon as reasonably practicable after the Service Provider confirms (becomes aware that any quantities of Gas nominated in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Daythe Customer’s renominations under Gas Transportation Agreements) will Daily Nomination are not able to be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon receipt, treatment or delivery by the Service Provider unless that estimate is confirmed pursuant to clause 6.4(a)(iii)Provider. (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:30 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (ive) The Service Provider is not under any obligation to accept any Daily Nomination submitted after 14:00 hours 4:00pm on the Day before the Customer is to deliver Gas to the NRSA Receipt Point. (vf) Unless otherwise set out in the Confirmed Nomination, the Confirmed Nomination is final and has immediate effect upon receipt by the Customer. (g) In making a decision regarding whether to accept a Daily Nomination, the Service Provider, acting reasonably and in good faith, will consider: A. (i) operational matters; B. (ii) the provisions of this agreement; and C. (iii) whether the Customer has a confirmed receipt nomination under the GTA, and the Service Provider’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTA. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(a) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4 (a) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO. (b) The procedure set out in this clause 6.4(b) applies in respect of Daily Nominations under this agreement on and from the Standard Market Timetable Commencement Date. For the avoidance of doubt, the times referred to in this clause 6.4(b) are in AEST (i) No later than 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point, the Customer may, by notice to the Service Provider, request a change to the Customer's Weekly Nomination (Daily Nomination). If the Customer does not request a change in respect of any Day covered by the Weekly Nomination by 15:00 hours on the Day before that Day, the Customer’s Daily Nomination for that Day will be deemed to be as set out in the last revised Weekly Nomination for that Day. (ii) The Service Provider must, by 16:30 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a notice to the Customer containing the Customer’s: A. Confirmed Receipt Nomination; and B. Confirmed Delivery Nomination, for each Firm Nitrogen Removal Service (together, a Confirmed Nomination). The Confirmed Nomination will contain an amount of Gas that the Service Provider confirms (in respect of a Firm Nitrogen Removal Service) (assuming that no Curtailment will be required as a result of that Day’s renominations under Gas Transportation Agreements) will be scheduled for receipt at a NRSA Receipt Point. Any estimate provided in the Confirmed Nomination is not binding upon the Service Provider unless that estimate is confirmed pursuant to clause 6.4(b)(iii). (iii) If there are renominations under any Gas Transportation Agreements that are accepted by the Service Provider and either of these events results in a change to the Customer’s Confirmed Nomination, the Service Provider must, by 22:00 hours or as soon as possible thereafter on the Day before the Day on which the Customer is to deliver Gas to the NRSA Receipt Point, provide a revised Confirmed Nomination to the Customer containing the Customer’s: A. revised Confirmed Receipt Nomination; and B. revised Confirmed Delivery Nomination, for all Services (together, a Revised Confirmed Nomination). If the Service Provider does not provide a Revised Confirmed Nomination by 22:00 hours or as soon as possible thereafter to the Customer, the estimates set out in the Confirmed Nomination will become binding as the Confirmed Delivery Nomination and Confirmed Receipt Nominations. (iv) The Service Provider is not under any obligation to accept any Daily Nomination submitted after 15:00 hours on the Day before the Customer is to deliver Gas to the NRSA Receipt Point. (v) In making a decision regarding whether to accept a Daily Nomination, the Service Provider, acting reasonably and in good faith, will consider: A. operational matters; B. the provisions of this agreement; and C. whether the Customer has a confirmed receipt nomination under the GTA, and the Service Provider’s decision regarding a Daily Nomination is final provided it is consistent with the Customer’s confirmed receipt nomination under the GTA. (vi) Unless otherwise set out in the Confirmed Nomination or unless the Confirmed Nomination as it relates to Firm Nitrogen Removal Services is amended by the Revised Confirmed Nomination, the Confirmed Nomination is final with respect to Firm Nitrogen Removal Services and has immediate effect upon receipt by the Customer. (vii) The Revised Confirmed Nomination is final with respect to all Services and has immediate effect upon receipt by the Customer. (viii) If a Delay Event occurs and AEMO claims an extension of time (as contemplated by the Capacity Transfer and Auction Procedures) and the Service Provider determines, acting reasonably, that the extension of time will affect its ability to comply with the timeframes set out in this clause 6.4(b) (Timetable Delay), then the Service Provider will be relieved of its obligation to comply with the timeframes set out in this clause 6.4(b) whilst the Timetable Delay applies and the timeframes will be extended by such period of time that is consistent with the Timetable Delay effected by AEMO.

Appears in 1 contract

Sources: Nitrogen Removal Services Agreement