# Interruptible Transit Service Contract

Document Sample

```					                      Interruptible Transportation Service Contract

between

Baumgarten-Oberkappel Gasleitungsgesellschaft m.b.H.
Floridsdorfer Hauptstrasse 1, floridotower
1210 Vienna, Austria
(hereinafter referred to as Carrier)

and

xxxxxxxxxxxxxx
xxxxxxxxxx
Postal Code, City
(hereinafter referred to as Shipper)

Interruptible Transit Service Contract                                     Page 1 of 11
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Content

Article 1 Object                                                  3
Article 2 Inlet Point and Outlet Point                            4
Article 3 Capacities                                              5
Article 4 Tariff                                                  6
Article 5 Interruption                                            8
Article 6 Arbitration                                             9
Article 7 Term                                               10
Article 8 General Terms and Conditions                       11

Interruptible Transit Service Contract             Page 2 of 11
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Article 1

Object

This Contract sets out the terms and conditions for the right of Shipper to
have transported by Carrier via the West Austria Gasleitung (WAG) on an
interruptible basis quantities of Natural Gas corresponding to the Capacity
as specified in Article 3.

Interruptible Transit Service Contract                                   Page 3 of 11
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Article 2

Inlet Point and Outlet Point

2.1      The Inlet Point is the ____________________________________________.

2.2      The Outlet Point is the _________________________________________.

2.3      The Transportation Distance is (TD) is equal to: ____________________ km.

Interruptible Transit Service Contract                                  Page 4 of 11
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Article 3

Capacities

Shipper commits to reserve in the WAG for interruptible transportation of
Natural Gas from the Inlet Point to the Outlet Point a Capacity for a maximum
hourly flow-rate (RS) of ________ Nm³/h in the period from ___________, 6:00
a.m., to _____________, 6:00 a.m.

Interruptible Transit Service Contract                               Page 5 of 11
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Article 4

Tariff

4.1      For each Month “m” from ______________ until ______________ Shipper
shall pay to Carrier for the services provided for in this Contract an
amount Em in EUR calculated on the 1st of October each Year - for the
first time on DD.MM.YYYY - as follows:

RS * EuK n RS * TD * EaK n
E   m
=             +
12           12

where
⎛              G          L ⎞
EuK n = EuK o * ⎜ 0,70 + 0,15 * m + 0,15 * m ⎟
⎜
⎝              G0         L0 ⎟
⎠
⎛              G          L ⎞
EaK n = EaK o * ⎜ 0,70 + 0,15 * m + 0,15 * m ⎟
⎜
⎝              G0         L0 ⎟
⎠
EuK0 (distance-independent component) = _________ EUR/(m³/h) per Year
EaK0 (distance-dependent component) = _____ EUR/((m³/h) * km) per
Year
RS    = maximum hourly flow-rate in Nm³/h according to Article 3
TD    = ______ km, as specified in Article 2

Em = __________ EUR/month

Gm         value of the Austrian wholesale price index without seasonal effect
(“Großhandelspreisindex – Nichtsaisonwaren,”) as published in the
“Statistische Nachrichten” issued by the “Statistik Austria” valid at
the time of recalculation. Gm shall be rounded to one (1) decimal place
behind the decimal point.

G0         Gm valid for the month of [to be filled in (Month Year)]; i.e. _____

Lm         the arithmetic average of all Monthly minimum wages of workers of
the Austrian oil producing industry according to the “Kollektivvertrag
für Arbeiter der erdöl- und erdgasgewinnenden Industrie Österreichs”,
expressed in EUR per Month, in force on the last Day of the Month of
February immediately preceding each revision of Lm. Lm shall be
rounded to four (4) decimal places behind the decimal point.

L0         Lm valid for the month of [to be filled in (Month Year)]; i.e. _____ EUR

Interruptible Transit Service Contract                                           Page 6 of 11
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4.2      Any payment under this Article 4 is exclusive of any taxes, duties or
levies of a similar nature. Carrier is entitled to add to the amount due by
Shipper all taxes, duties or levies of similar nature imposed on Carrier by
any authority concerning the transportation services under this Contract.
At present, except VAT, no such charges are imposed.

4.3      Carrier shall have the right to interrupt partly or totally the Capacity as
specified in Article 3. In case of such interruption an amount Rm, as sum
of Ri, shall be refunded by Carrier to Shipper. This amount Rm, to be
calculated for the Month in which such interruption is effected, shall be
deducted from the amount Em as per the invoice issued by Carrier to
Shipper for the following Month.

Ri and Rm shall be calculated as follows:

Em *1,5 * IRS
Ri =
RS
and

1 Hi
Rm =     ∑ Ri ≤ Em
H m i =1                     where Rm shall not exceed Em and
where

Rm = Monthly amount to be refunded by Carrier to Shipper for interruptions of
Capacity.
Em = Monthly amount to be paid by Shipper as defined in Article 4.1 excluding
any refund for interruption.
Hi   Total number of hours Carrier has interrupted Shipper’s capacity
Hm Total number of hours in the month Shipper’s capacity has been
interrupted by Carrier.
IRS Interrupted hourly flow rate in Nm³/h.

Interruptible Transit Service Contract                                     Page 7 of 11
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Article 5

Interruption

5.1      The exclusive justification for an interruption is the lack of transportation
capacity necessary to fulfil the contracted transportation service from the
Inlet-Point to the Outlet-Point and vice versa. Transportation services on a
firm basis have precedence over transportation services on an interruptible
basis.

5.2      Notwithstanding Article 2.5 of the General Terms and Conditions for
Transportation of Natural Gas, Carrier shall inform Shipper as soon as
possible, in any case at least two (2) hours in advance of such
interruptions.

Interruptible Transit Service Contract                                     Page 8 of 11
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Article 6

Arbitration

5.1     All disputes arising out of or in connection with the Contract including all
amendments, if any, shall be exclusively and finally settled under the Rules of
Arbitration of the International Chamber of Commerce, Paris.

5.2     The arbitral tribunal shall be composed of three arbitrators. Unless otherwise
agreed each Party shall appoint one (1) arbitrator and the third arbitrator will be
selected by the first two arbitrators within thirty (30) days after the appointment
of the second arbitrator. The third arbitrator shall act as chairman of the board
of arbitration and shall be fully educated and trained as a lawyer.

5.3     The seat of the arbitration tribunal and the proceedings shall be in Vienna.
Notwithstanding Article 16.2 of the General Terms and Conditions, the
language of the proceedings shall be German.

Interruptible Transit Service Contract                                         Page 9 of 11
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Article 7

Term

This Contract shall come into full force and effect upon signature and shall
remain in force until ______________, 6.00 a.m. Transportation services under
this Contract shall commence as laid down in Article 3.

Interruptible Transit Service Contract                               Page 10 of 11
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Article 8

General Terms and Conditions

8.1      The English version of the General Terms and Conditions for
Transportation of Natural Gas (“General Terms and Conditions”) is an
integral part of this Contract. Shipper acknowledges the General Terms
and Conditions valid at the time of signing this Contract and as published
at the time of signing on the Internet (http://www.bog-gmbh.at). Shipper
is fully aware of the provisions of the General Terms and Conditions and
accepts them. In case of any contradictions/discrepancies between the
General Terms and Conditions and the terms of this Contract, the latter
shall prevail.

8.2      For the purpose of Article 15.4 of the General Terms and Conditions the
address given on the first page of this Contract shall be the relevant one.

IN WITNESS WHEREOF, this Contract has been signed in two original copies by
duly authorised officers of the Parties on the day and year written below.

Vienna, ...................

Baumgarten-Oberkappel                                        <Shipper>
Gasleitungsgesellschaft m.b.H.                               <xxxxxxxxxxx>

Interruptible Transit Service Contract                                       Page 11 of 11

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