Common use of Reasonable Measures Clause in Contracts

Reasonable Measures. 5.1 References in the context of any requirement in this Annex B to National Grid Gas taking “Reasonable Measures” are references to National Grid Gas taking all such operational and technical measures which National Grid Gas, acting as a Reasonable and Prudent Operator, might reasonably be expected to take in order to secure compliance with such requirements. 5.2 Where any provision of this Annex B requires National Grid Gas to take Reasonable Measures: (a) National Grid Gas shall not thereby be required to take any measures, which would or which might reasonably be expected to: (i) prejudice the physical or operational security of the National Grid Gas System; (ii) require reinforcement of the National Grid Gas System or modification or installation of any additional plant or equipment to the National Grid Gas System, which (in any such case) National Grid Gas would not have been required to undertake in order to comply with its obligations pursuant to the National Grid Gas Transporter Licence except: (1) in relation to National Grid Gas’s obligations under paragraph 2.2 of Annex B- 3, where National Grid Gas decides to undertake reinforcement to meet its obligations; or (2) where the Operators have agreed that IUK shall bear the cost of such reinforcement, modification or installation; (iii) prevent National Grid Gas from performing or result in breach of any of its obligations under the Uniform Network Code or under any other arrangement for the conveyance of gas which was in existence or had been agreed to prior to 1st March 1996, or from complying with any Legal Requirement; (iv) require National Grid Gas to incur any cost (other than a cost for which National Grid Gas is to be compensated by IUK under the provisions of this Agreement) of a kind or amount which it would not be reasonable to expect the Authority to allow in full (in accordance with the National Grid Gas licence as a gas transported under the Gas Act) in establishing the restrictions in respect of the charges made by National Grid Gas for transportation services; (b) in taking Reasonable Measures: (i) National Grid Gas shall utilise any compression at ▇▇▇▇’▇ ▇▇▇▇ and such other plant and equipment comprised in the National Grid Gas System which would be necessary to allow ▇▇▇▇’▇ ▇▇▇▇ to operate and which is deemed by National Grid Gas to be available at the relevant time, but such compressors (and other plant and equipment comprised in the National Grid Gas System) will not be expected to operate beyond its actual capability at any time; (ii) National Grid Gas shall be entitled to rely on Exit Flow Profiles in relation to the CSEP and such information as is provided to it by National Grid Gas Shippers, Delivery Facility Operators and others as to the flows and quality of gas flows at other System Entry Points.

Reasonable Measures. 5.1 5.14.1 References in the context of any requirement in this Annex B to National Grid Gas taking “Reasonable Measures” are references to National Grid Gas taking all such operational and technical measures which National Grid Gas, acting as a Reasonable and Prudent Operator, might reasonably be expected to take in order to secure compliance with such requirements. 5.2 5.24.2 Where any provision of this Annex B requires National Grid Gas to take Reasonable Measures: (a) National Grid Gas shall not thereby be required to take any measures, which would or which might reasonably be expected to: (i) prejudice the physical or operational security of the National Grid Gas System; (ii) require reinforcement of the National Grid Gas System or modification or installation of any additional plant or equipment to the National Grid Gas System, which (in any such case) National Grid Gas would not have been required to undertake in order to comply with its obligations pursuant to the National Grid Gas Transporter Licence except: (1) in relation to National Grid Gas’s obligations under paragraph 2.2 of Annex B- 3B-3, where National Grid Gas decides to undertake reinforcement to meet its obligations; or (2iii) (ii) where the Operators have agreed that IUK shall bear the cost of such reinforcement, modification or installation; (iv) (iii) prevent National Grid Gas from performing or result in breach of any of its obligations under the Uniform Network Code or under any other arrangement for the conveyance of gas which was in existence or had been agreed to prior to 1st March 1996, or from complying with any Legal Requirement; (v) (iv) require National Grid Gas to incur any cost (other than a cost for which National Grid Gas is to be compensated by IUK under the provisions of this Agreement) of a kind or amount which it would not be reasonable to expect the Authority to allow in full (in accordance with the National Grid Gas licence as a gas transported under the Gas Act) in establishing the restrictions in respect of the charges made by National Grid Gas for transportation services; (b) in taking Reasonable Measures: (i) National Grid Gas shall utilise any compression at ▇▇▇▇’▇ ▇▇▇▇ and such other plant and equipment comprised in the National Grid Gas System which would be necessary to allow ▇▇▇▇’▇ ▇▇▇▇ to operate and which is deemed by National Grid Gas to be available at the relevant time, but such compressors (and other plant and equipment comprised in the National Grid Gas System) will not be expected to operate beyond its actual capability at any time; (ii) National Grid Gas shall be entitled to rely on Exit Flow Profiles in relation to the CSEP and such information as is provided to it by National Grid Gas Shippers, Delivery Facility Operators and others as to the flows and quality of gas flows at other System Entry Points. 5.34.3 In the event of any dispute arising between the Operators as to whether or not National Grid Gas shall have taken Reasonable Measures, the matter shall be referred to an Expert in accordance with the provisions of clause 13 (Resolution of Disputes).

Reasonable Measures. 5.1 4.1 References in the context of any requirement in this Annex B to National Grid Gas taking “Reasonable Measures” are references to National Grid Gas taking all such operational and technical measures which National Grid Gas, acting as a Reasonable and Prudent Operator, might reasonably be expected to take in order to secure compliance with such requirements. 5.2 4.2 Where any provision of this Annex B requires National Grid Gas to take Reasonable Measures: (a) National Grid Gas shall not thereby be required to take any measures, which would or which might reasonably be expected to: (i) prejudice the physical or operational security of the National Grid Gas System; (ii) require reinforcement of the National Grid Gas System or modification or installation of any additional plant or equipment to the National Grid Gas System, which (in any such case) National Grid Gas would not have been required to undertake in order to comply with its obligations pursuant to the National Grid Gas Transporter Licence except: (1) in relation to National Grid Gas’s obligations under paragraph 2.2 of Annex B- 3, where National Grid Gas decides to undertake reinforcement to meet its obligations; or (2) except where the Operators have agreed that IUK shall bear the cost of such reinforcement, modification or installation; (iii) prevent National Grid Gas from performing or result in breach of any of its obligations under the Uniform Network Code or under any other arrangement for the conveyance of gas which was in existence or had been agreed to prior to 1st March 1996, or from complying with any Legal Requirement; (iv) require National Grid Gas to incur any cost (other than a cost for which National Grid Gas is to be compensated by IUK under the provisions of this Agreement) of a kind or amount which it would not be reasonable to expect the Authority to allow in full (in accordance with the National Grid Gas licence as a gas transported under the Gas Act) in establishing the restrictions in respect of the charges made by National Grid Gas for transportation services; (b) in taking Reasonable Measures: (i) National Grid Gas shall utilise any compression at ▇▇▇▇’▇ ▇▇▇▇ and such other plant and equipment comprised in the National Grid Gas System which would be necessary to allow ▇▇▇▇’▇ ▇▇▇▇ to operate and which is deemed by National Grid Gas to be available at the relevant time, but such compressors (and other plant and equipment comprised in the National Grid Gas System) will not be expected to operate beyond its actual capability at any time; (ii) National Grid Gas shall be entitled to rely on Exit Flow Profiles in relation to the CSEP and such information as is provided to it by National Grid Gas Shippers, Delivery Facility Operators and others as to the flows and quality of gas flows at other System Entry Points. 4.3 In the event of any dispute arising between the Operators as to whether or not National Grid Gas shall have taken Reasonable Measures, the matter shall be referred to an Expert in accordance with the provisions of clause 13 (Resolution of Disputes).

Reasonable Measures. 5.1 References in the context of any requirement in this Annex B to National Grid Gas taking “Reasonable Measures” are references to National Grid Gas taking all such operational and technical measures which National Grid Gas, acting as a Reasonable and Prudent Operator, might reasonably be expected to take in order to secure compliance with such requirements. 5.2 Where any provision of this Annex B requires National Grid Gas to take Reasonable Measures: (a) National Grid Gas shall not thereby be required to take any measures, which would or which might reasonably be expected to: (i) prejudice the physical or operational security of the National Grid Gas System; (ii) require reinforcement of the National Grid Gas System or modification or installation of any additional plant or equipment to the National Grid Gas System, which (in any such case) National Grid Gas would not have been required to undertake in order to comply with its obligations pursuant to the National Grid Gas Transporter Licence except: (1) in relation to National Grid Gas’s obligations under paragraph 2.2 of Annex B- 3B-3, where National Grid Gas decides to undertake reinforcement to meet its obligations; or (2) where the Operators have agreed that IUK shall bear the cost of such reinforcement, modification or installation; (iii) prevent National Grid Gas from performing or result in breach of any of its obligations under the Uniform Network Code or under any other arrangement for the conveyance of gas which was in existence or had been agreed to prior to 1st March 1996, or from complying with any Legal Requirement; (iv) require National Grid Gas to incur any cost (other than a cost for which National Grid Gas is to be compensated by IUK under the provisions of this Agreement) of a kind or amount which it would not be reasonable to expect the Authority to allow in full (in accordance with the National Grid Gas licence as a gas transported under the Gas Act) in establishing the restrictions in respect of the charges made by National Grid Gas for transportation services; (b) in taking Reasonable Measures: (i) National Grid Gas shall utilise any compression at ▇▇▇▇’▇ ▇▇▇▇ and such other plant and equipment comprised in the National Grid Gas System which would be necessary to allow ▇▇▇▇’▇ ▇▇▇▇ to operate and which is deemed by National Grid Gas to be available at the relevant time, but such compressors (and other plant and equipment comprised in the National Grid Gas System) will not be expected to operate beyond its actual capability at any time; (ii) National Grid Gas shall be entitled to rely on Exit Flow Profiles in relation to the CSEP and such information as is provided to it by National Grid Gas Shippers, Delivery Facility Operators and others as to the flows and quality of gas flows at other System Entry Points.