a) Shippers shall ensure that Natural Gas delivered to the Danish Gas System at the Entry Points complies with the version of the Danish gas regulations applicable at any time, the technical specifications for Natural Gas in the "2nd gas family, Group H", and the Quality and Delivery Specifications set out in the attached Appendix 1 as subsequently amended.
b) Energinet.dk shall ensure that Natural Gas delivered to a Shipper at the Exit Zone, at the Storage Points for the purpose of injection into the Storage Facilities and at the Exit Points complies with the Quality and Delivery Specifications. The relevant Distribution Company is responsible towards the Consumers’ in respect of compliance with the re- quirements regarding pressure and temperature at the Consumption Site.
c) DONG Storage and Energinet.dk Gas Storage shall ensure that Natural Gas delivered to a Shipper at the individual Storage Points after being withdrawn from the Storage Facili- ties complies with the Quality and Delivery Specifications see RfGL and REGL, respec- tively.
11.2 Non-compliance at Storage Points
a) If Energinet.dk, DONG Storage or Energinet.dk Gas Storage receives information or be- comes aware that Natural Gas intended for delivery to another party’s system at the Storage Points is expected not to comply with the Quality and Delivery Specifications, the transferring party shall immediately inform the other party and the Shippers ex- pected to be affected by such non-compliance hereof. The information shall include the expected extent, nature and duration of the deviation.
b) If the Natural Gas made available by Energinet.dk for redelivery at the Storage Points does not or is not expected to comply with the Quality and Delivery Specifications, DONG Storage and Energinet.dk Gas Storage can (both acting on behalf of the Ship- pers/Storage Customers) in connection with redelivery of Natural Gas to the Storage Fa- cilities from the Transmission System without notice refuse to receive the Natural Gas at the individual Storage Points.
c) If the Natural Gas made available by DONG Storage and Energinet.dk Gas Storage for delivery at the Storage Points at Lille Torup and Stenlille, respectively, does not or is not expected to comply with the Quality and Delivery Specifications, Energinet.dk can (act- ing on behalf of the Shippers/Storage Customer) in connection with the delivery of Natu- ral Gas from the Storage Facilities to the Transmission System without prior notice re- fuse to receive the Natural Gas at the individual Storage Points.
11.3 Non-compliance at the Entry Point
a) If a Shipper receives information or becomes aware that the Natural Gas nominated for delivery by the Shipper at an Entry Point may not comply with the Quality and Delivery Specifications, the Shipper shall immediately inform Energinet.dk hereof, providing de- tails such as expected extent, nature and duration of the non-compliance and other rele- vant information.
b) As soon as the Shipper has been informed that the Natural Gas nominated for delivery at an Entry Point may not comply with the Quality and Delivery Specifications, the Ship- per shall take the necessary steps to solve the problem.
c) If the Natural Gas made available by the Shipper for delivery at an Entry Point does not or is not expected to comply with the Quality and Delivery Specifications, Energinet.dk is entitled without giving any notice to refuse either in full or in part to receive and transport the Shipper’s Natural Gas. The transport of Natural Gas can commence when it has been documented that the Natural Gas complies with the Quality and Delivery Speci- fications.
In the Hours/Gas Days during which Energinet.dk refuses in full or in part to receive and transport a quantity of Natural Gas, the Shipper’s Nominations and Allocations at the relevant Entry Point shall be reduced by the quantity of Natural Gas refused, see clauses 6.5.4 and 7.1.
d) If Energinet.dk agrees to receive and transport Natural Gas not complying with the Qual- ity and Delivery Specifications, the Shipper shall pay an off-spec fee to Energinet.dk in accordance with clause 17.2 f) i).
e) If Energinet.dk has received Natural Gas not complying with the Quality and Delivery Specifications, the Shipper shall pay an off-spec fee to Energinet.dk in accordance with clause 17.2 f) i) and damages in accordance with clause 22.2.
11.4 Non-compliance at the Exit Point
a) If the Natural Gas made available by Energinet.dk for redelivery at the Exit Point devi- ates from the Quality and Delivery Specifications, the Shipper is entitled to refuse to re- ceive such Natural Gas and may also claim damages in accordance with clause 22.2. If the Shipper has refused to receive the Natural Gas in accordance with this clause 11.4 a), Energinet.dk is entitled to order the Shipper to stop the deliveries to the Entry Point.
b) For the number of Hours the Shipper delivers Natural Gas at the Entry, GTF and Storage Points without offtaking Natural Gas at the Exit Point due to non-compliance with the Quality and Delivery Specifications, Energinet.dk shall pay the Shipper an amount in ac- cordance with clause 17.2 f) iii) for such Natural Gas quantities.
However, Energinet.dk shall not pay such amount to the Shipper if it has ordered the Shipper to stop the deliveries in accordance with clause 11.4 a).
If the Shipper rightfully refuses to offtake Natural Gas in accordance with this clause and Energinet.dk does not order the Shipper to stop the deliveries at the Entry Point, in ac- cordance with clause 11.4 a), imbalances may occur between the Shipper’s daily deliver- ies at the Entry Point and daily offtake at the Exit Point. Such imbalances shall be settled by Energinet.dk by adjusting the Shipper’s balance statement by the relevant imbalance.
c) If the Shipper agrees to receive Natural Gas not complying with the Quality and Delivery Specifications, Energinet.dk shall pay an off-spec fee to the Shipper in accordance with clause 17.2 f) ii).
d) If the Shipper has had Natural Gas not complying with the Quality and Delivery Specifi- cations redelivered without Energinet.dk having informed him of this, Energinet.dk shall
pay an off-spec fee to the Shipper in accordance with clause 17.2 f) ii) as well as dam- ages in accordance with clause 22.2.
11.5 Non-compliance in the Exit Zone
a) If the Natural Gas made available by Energinet.dk for redelivery in the Exit Zone does not comply with the Quality and Delivery Specifications and the Shipper’s Gas Suppliers’ Consumers offtake as well as the Shipper’s Direct Consumer’s Direct Sites offtake of the gas, the Shipper shall be compensated by Energinet.dk in the form of an off-spec fee in accordance with clause 17.2 f) ii).
b) If the Shipper has had Natural Gas not complying with the Quality and Delivery Specifi- cations redelivered without Energinet.dk having informed him of such non-compliance, Energinet.dk shall pay the Shipper an off-spec fee in accordance with clause 17.2 f) ii) as well as damages in accordance with clause 22.2.