Gas can be comingled Possession and control passes from the Possession, shipper to the service provider at receipt control and Same as OTA onto the pipeline and back to the shipper responsibility at delivery. Legal responsibility to be determined. Title of gas stays with the shipper. Shippers are required to provide System Title Same as OTA Use Gas, with and the process for doing so specified in a schedule. Further discussion required. Preliminary views include: Definition of direct and consequential loss based on Jemena and APA’s standard agreements. Specifies the permitted and events that may impact the service. Permitted events, which specify where the pipeline operator has an exclusion to provide the service, or for the shipper to pay, are to be: Maintenance (planned and Liability and unplanned) - Interruptions due to Same as OTA indemnities maintenance, both planned and unplanned, is to be allowed uncapped. Force Majeure is to have a termination provision after 12 months Other to be defined as based on the standard APA clause Non-permitted events are all events other than those permitted, including: Wilful misconduct, negligence and fraud based on Jemena and APA’s standard agreements Off-specification gas liability is yet to be defined Cure period to be 7 days for financial, and Same as OTA - if day to day may not be 21 days for a non-financial default. applied, but could have similar terms - eg. Default The annexed table (see minutes - the ability to suspend, and can still have ST.6.170509) contains a starting point for breach of contract provisions. the provisions of the agreements. Secondary shipper to pay any applicable charges to the pipeline operator regardless of force majeure having been called by any party. Secondary shippers to not be given the Force Majeure Same as OTA provision to call force majeure in the Operational Transport Agreement (between pipeline operator and secondary shipper) These are detailed in the table annexed (ST.6.170509).
Possession, control and responsibility Gas can be comingled Possession and control passes from the shipper to the service provider at receipt onto the pipeline and back to the shipper at delivery. Legal responsibility to be determined. Same as OTA Title Title of gas stays with the shipper. Shippers are required to provide System Use Gas, with and the process for doing so specified in a schedule. Same as OTA Liability and indemnities Further discussion required. Preliminary views include: Definition of direct and consequential loss based on Jemena and APA’s standard agreements. Specifies the permitted and events that may impact the service. Permitted events, which specify where the pipeline operator has an exclusion to provide the service, or for the shipper to pay, are to be: Maintenance (planned and unplanned) - Interruptions due to maintenance, both planned and unplanned, is to be allowed uncapped. Force Majeure is to have a termination provision after 12 months Other to be defined as based on the standard APA clause Non-permitted events are all events other than those permitted, including: Wilful misconduct, negligence and fraud based on Jemena and APA’s standard agreements Off-specification gas liability is yet to be defined Same as OTA Default Cure period to be 7 days for financial, and 21 days for a non-financial default. The annexed table (see minutes - ST.6.170509) contains a starting point for the provisions of the agreements. Same as OTA - if day to day may not be applied, but could have similar terms - eg. the ability to suspend, and can still have breach of contract provisions. Force Majeure Secondary shipper to pay any applicable charges to the pipeline operator regardless of force majeure having been called by any party. Secondary shippers to not be given the provision to call force majeure in the Operational Transport Agreement (between pipeline operator and secondary shipper) These are detailed in the table annexed (ST.6.170509). Same as OTA