Common use of Nominations, Scheduling and Curtailment Clause in Contracts

Nominations, Scheduling and Curtailment. Customer shall submit nominations to NEXUS in accordance with Section 11 of the General Terms and Conditions of the NEXUS FERC Gas Tariff; provided, however, that NEXUS may require Customer to provide nominations on a different schedule in order to ensure timely nominations with, and otherwise to ensure compliance with, Section 5 of the General Terms and Conditions of the Vector Canada Tariff. NEXUS shall not be obligated to deliver a quantity of gas at any Delivery Point, regardless of any daily nomination by Customer, that exceeds the quantity of gas actually received for Customer’s account at the corresponding nominated Receipt Point (less any applicable fuel reimbursement quantities). Customer acknowledges that scheduling of all volumes for the Capacity Usage Service shall be subject to and in accordance with Section 7 of the General Terms and Conditions of the Vector Canada Tariff. Other than as a result of Force Majeure in accordance with Article VI of this Agreement, NEXUS shall have the right to curtail, interrupt or discontinue service to the extent that service to NEXUS under the NEXUS Vector Canada Agreement is curtailed by Vector Canada, on a pro rata basis among Customer and all other customers based on such customers’ confirmed nominations, subject to the priority of each level of service (including bumping) as set forth in Sections 2.1 and 2.2. Customer agrees that NEXUS shall have no liability for any curtailment of the Capacity Usage Service due to the action or inaction of Vector Canada, regardless of whether the same is in accordance with the Vector Canada Tariff; provided however that Customer shall have the same rights with respect to NEXUS as NEXUS has with respect to Vector Canada for any curtailment pursuant to the Vector Canada Tariff. Quality of Gas. All natural gas quantities tendered by Customer for the Capacity Usage Service at the Receipt Point hereunder shall conform with the natural gas quality specifications set forth in Section 2.1 of the General Terms and Conditions of the Vector Canada Tariff. If the gas delivered by or for the account of Customer at the Receipt Point fails to meet the quality specifications referenced in Section 3.2(a) hereof, then Customer acknowledges that the Capacity Usage Service may be interrupted or curtailed in accordance with Section 2.3 of the General Terms and Conditions of the Vector Canada Tariff and Section 3.1 hereof; provided further that Customer agrees to fully indemnify and hold NEXUS harmless from any and all costs incurred by NEXUS as a result of any gas delivery by or for the account of Customer that does not meet the quality specifications referenced in Section 3.2(a) hereof if such delivery by or for the account of Customer results in Vector Canada refusing such gas and/or NEXUS incurring costs for which NEXUS is required to reimburse Vector Canada under Section 2.3 of the General Terms and Conditions of the Vector Canada Tariff.

Nominations, Scheduling and Curtailment. Customer shall submit nominations to NEXUS in accordance with Section 11 of the General Terms and Conditions of the NEXUS FERC Gas Tariff; provided, however, that NEXUS may require Customer to provide nominations on a different schedule in order to ensure timely nominations with, and otherwise to ensure compliance with, Section 5 of the General Terms and Conditions of the Vector Canada Tariff. NEXUS shall not be obligated to deliver a quantity of gas at any Delivery Point, regardless of any daily nomination by Customer, that exceeds the quantity of gas actually received for Customer’s account at the corresponding nominated Receipt Point (less any applicable fuel reimbursement quantities). Customer acknowledges that scheduling of all volumes for the Capacity Usage Service shall be subject to and in accordance with Section 7 of the General Terms and Conditions of the Vector Canada Tariff. Customer may request that NEXUS provide the Capacity Usage Service on a segmented basis, and NEXUS shall accommodate any such request to the extent practicable in accordance with the terms of the Vector Canada Tariff. For this Capacity Usage Service, nominations in the aggregate (based on all relevant customer nominations) cannot exceed the MDQ in any segment, or at any point, where the nominated segments overlap. In addition, such segmented service shall not impair NEXUS' ability to render Level 1 service and shall not adversely affect system operating conditions. Other than as a result of Force Majeure in accordance with Article VI of this Agreement, NEXUS shall have the right to curtail, interrupt or discontinue service to the extent that service to NEXUS under the NEXUS Vector Canada Agreement is curtailed by Vector Canada, on a pro rata basis among Customer and all other customers based on such customers’ confirmed nominations, subject to the priority of each level of service (including bumping) as set forth in Sections 2.1 and 2.2. Customer agrees that NEXUS shall have no liability for any curtailment of the Capacity Usage Service due to the action or inaction of Vector Canada, regardless of whether the same is in accordance with the Vector Canada Tariff; provided however that Customer shall have the same rights with respect to NEXUS as NEXUS has with respect to Vector Canada for any curtailment pursuant to the Vector Canada Tariff. Quality of Gas. All natural gas quantities tendered by Customer for the Capacity Usage Service at the Receipt Point hereunder shall conform with the natural gas quality specifications set forth in Section 2.1 of the General Terms and Conditions of the Vector Canada Tariff. If the gas delivered by or for the account of Customer at the Receipt Point fails to meet the quality specifications referenced in Section 3.2(a) hereof, then Customer acknowledges that the Capacity Usage Service may be interrupted or curtailed in accordance with Section 2.3 of the General Terms and Conditions of the Vector Canada Tariff and Section 3.1 hereof; provided further that Customer agrees to fully indemnify and hold NEXUS harmless from any and all costs incurred by NEXUS as a result of any gas delivery by or for the account of Customer that does not meet the quality specifications referenced in Section 3.2(a) hereof if such delivery by or for the account of Customer results in Vector Canada refusing such gas and/or NEXUS incurring costs for which NEXUS is required to reimburse Vector Canada under Section 2.3 of the General Terms and Conditions of the Vector Canada Tariff.