Storage Services Agreement for Biogas astora-pack / astora-add

Transcription

1 Storage Services Agreement for Biogas astora-pack / astora-add between hereinafter referred to as the "Storage Customer" and astora GmbH & Co. KG Wilhelmshöher Allee Kassel, Germany hereinafter referred to as " astora " hereinafter referred to individually and/or jointly as the "Contractual Counter-Party(ies)" 1/5 Version June 2012 Agreement ID:

2 Contents Preamble... 3 Article 1 Storage Location... 3 Article 2 Storage Services... 3 Article 3 Contract Term... 4 Article 4 Operating of the Agreement... 4 Article 5 Severability Clause... 4 Article 6 Precedence of the Storage Services Agreement... 5 Article 7 Condition Precedent; Claim for Execution... 5 Article 8 Elements of the Agreement /5 Version June 2012 Agreement ID:

3 Preamble The Storage Customer and astora hereby conclude the following Storage Services Agreement on the basis of the respective valid version of the General Terms and Conditions for Storage Access including the Storage Specification Jemgum. By entering into this Storage Services Agreement astora grants the Storage Customer the right to use the services of the following Storage Location to the extent agreed herein. The Jemgum Storage Facility is currently in the planning and construction phase. Therefore the validity of this Storage Services Agreement is subject to the condition precedent of the effective realisation of the Jemgum Storage Facility including the required storage connection pipelines. Article 1 Storage Location The Storage Customer contracts the astora Storage Services listed in Article 2 in the Jemgum Storage Location. Article 2 Storage Services In the astora Storage Location stated in Article 1 the Storage Customer contracts the following Storage Services according to the description of the respective Storage Specification at the fee defined therein: astora-pack Number of bundles Injection Rate [kwh/h]: Withdrawal Rate [kwh/h]: Working Gas Volume [kwh]: Storage Period astora-add Injection Rate [kwh/h]: Withdrawal Rate [kwh/h]: Working Gas Volume [kwh]: Storage Period 3/5 Version June 2012 Agreement ID:

4 Irrespective of the above mentioned First Utilisation Day the Storage Period starts with the first gas injection into the caverns. Due to the plan this should be April, 1 st The above mentioned Last Utilisation Day remains unaffected by the postponement of the First Utilisation Day. The Storage Customer is entitled to bindingly request for a prolongation of the Storage Period or an increase of the Storage Capacities of this Storage Services Agreement within the third Month after the First Utilisation Day of the Storage Services mentioned above. The changes according to the aforementioned request will take effect by the beginning of one of the following months. Article 3 Contract Term 1. Provided the Storage Services Agreement has been concluded through the Storage Platform it shall take effect upon the Storage Customer s receipt of the booking confirmation according to Article 10 of the General Terms and Conditions for Storage Access. 2. Provided the Storage Services Agreement has been concluded without using the Storage Platform, it shall take effect upon the Storage Customer s receipt of the Storage Services Agreement undersigned by astora according to Article 13 of the General Terms and Conditions for Storage Access. 3. The Storage Services Agreement shall terminate at the end of the Last Utilisation Day for the Storage Services listed in Article 2. Article 4 Operating of the Agreement The details of the operational application of the Storage Services Agreement have been described in the Operating Agreement (Annex to the General Terms and Conditions for Storage Access). With reference to the Operating Agreement the following shall apply: Communication path Communication format Nomination procedure Article 5 Severability Clause Should any individual provision or any part of any provision of this Storage Services Agreement be or become void or unenforceable the validity of the remaining provisions shall in no way be affected. In such case the void and/or unenforceable provisions shall be replaced by relative provisions coming as closely as possible to the sense and spirit and 4/5 Version June 2012 Agreement ID:

5 purpose of this Storage Services Agreement. This shall apply correspondingly to any regulatory gaps. Article 6 Precedence of the Storage Services Agreement In case of deviations and/or contradictions between the provisions of this Storage Services Agreement and the provisions of the General Terms and Conditions for Storage Access the provisions of this Storage Services Agreement shall prevail. Article 7 Condition Precedent; Claim for Execution 1. The validity of this Storage Services Agreement shall be subject to the condition precedent of the effective realisation of the Jemgum Storage Facility including the required storage connection pipelines. 2. The Contractual Counter-Parties agree that the conclusion of this Storage Services Agreement including the Storage Specification does not constitute an obligation for the effective realisation of the Jemgum Storage Facility. Therefore the Contractual Counter-Parties hereby waive any claim against each other resulting from a nonappearance of the condition precedent mentioned under Section 0 and indemnify each other from and against any and all third party claims. Article 8 Elements of the Agreement The respective valid versions of the following documents shall form an integral part of this Storage Services Agreement: astora's General Terms and Conditions for Storage Access including annex Storage Specification of the Storage Location listed in Article 1 astora's Notice of Responsibility Storage Customer's Notice of Responsibility Kassel, Date astora GmbH & Co. KG Location, Date Storage Customer Name Name Name 5/5 Version June 2012 Agreement ID: