Unauthorized Demand Overrun Gas Sample Clauses

Unauthorized Demand Overrun Gas. If the Customer’s gas consumption at a Terminal Location exceeds: (a) either: (i) the Contract Demand for such Terminal Location on any Day, or (ii) the Hourly Demand for such Terminal Location in any hour of any Day, plus, (b) the amount of any Authorized Demand Overrun Gas, such gas shall be deemed to be “Unauthorized Demand Overrun Gas” in respect of such Terminal Location. In any instance of the occurrence, or use of, or deemed taking of Unauthorized Demand Overrun Gas, the Contract Demand for such Terminal Location (and the corresponding Hourly Demand) may be automatically adjusted upward to the level (the “New Contract Demand”) and for the period (the “Alteration Period”) identified and set out in Part 5 of Appendix “A” and/or Rate 300. In addition, the Customer must comply with the additional provisions, if any, set out in Part 5 of Appendix “A” and/or Rate 300, including any obligation to pay for such Unauthorized Demand Overrun Gas and pay any charges set out therein. The Customer agrees that it has no right to take Unauthorized Demand Overrun Gas and that payment of the charges applicable thereto shall not relieve it from any other remedy available to the Company against the Customer for breach of this Agreement.
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Unauthorized Demand Overrun Gas. (a) The Alteration Period shall equal: (i) In the event the Term of this Appendix “A” is equal to one (1) year: A. the period commencing at 10:00:00 a.m. EST on the Day which is the date of this Appendix “A” and continuing until 9:59:59 a.m. EST on the Day in which the applicable Unauthorized Demand Overrun Gas was consumed (the “Prior Alteration Period”); and B. the period commencing at 10:00:00 a.m. EST on the Day after the Day in which such Unauthorized Demand Overrun Gas was consumed and continuing until 9:59:59 a.m. EST on the last Day of the Term (the “Future Alteration Period”); or (ii) In the event the Term of this Appendix “A” is greater than one (1) year: A. the period commencing at 10:00:00 a.m. EST on the Anniversary Date of the Contract Year in which the applicable Unauthorized Demand Overrun Gas was consumed and continuing until 9:59:59 a. m. EST on the Day in which such Unauthorized Demand Overrun Gas was consumed (also, the “Prior Alteration Period”); and B. the period commencing at 10:00:00 a.m. EST on the Day after the Day in which the applicable Unauthorized Demand Overrun Gas was consumed and continuing until 9:59:59 a.m. EST on the next following Anniversary Date (also, the “Future Alteration Period”). (b) The New Contract Demand shall equal the actual hourly peak gas consumption of the Customer on the Day in which the applicable Unauthorized Demand Overrun Gas was consumed, multiplied by 24. The New Contract Demand shall apply for the duration of the Future Alteration Period. The establishment of a New Contract Demand shall establish a corresponding: (i) new Hourly Demand, and (ii) new Maximum Contractual Imbalance. Except as otherwise set out herein or in Rate 300, the New Contract Demand, and adjusted Hourly Demand and Maximum Contractual Imbalance, shall not apply retroactively. (c) Notwithstanding subparagraph (b) of this Part 5 of Appendix “A”, in the event the Company determines, in its sole discretion, that its distribution facilities can not accommodate the New Contract Demand, the New Contract Demand (and corresponding Hourly Demand and Maximum Contractual Imbalance) shall not apply during the Future Alteration Period and the Contract Demand shall remain unaltered during such period. However, all other provisions of this Part 4 of Appendix “A” shall apply. (d) In the event the Customer consumes Unauthorized Demand Overrun Gas, the Customer shall pay to the Company charges equal to: (i) in respect of the Prior Alteration Perio...
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