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Gas Sales Agreement
"I need a Gas Sales Agreement for supplying 500TJ per annum of natural gas to a manufacturing plant in Western Australia, with delivery starting January 2025, including specific provisions for gas quality suitable for industrial processes and monthly take-or-pay provisions."
1. Parties: Identification of the seller and buyer entities, including ABN/ACN
2. Background: Context of the agreement, including seller's right to sell gas and buyer's purpose for purchase
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Term and Conditions Precedent: Duration of the agreement and any conditions that must be satisfied before the agreement becomes effective
5. Gas Supply Obligations: Core supply obligations including Annual Contract Quantity (ACQ) and Daily Contract Quantity (DCQ)
6. Delivery Point and Title: Specification of where gas ownership transfers and delivery point obligations
7. Gas Specifications: Required quality and composition specifications for the gas
8. Measurement and Testing: Procedures for measuring gas quantity and quality
9. Nominations and Scheduling: Process for buyer to nominate gas quantities and seller to schedule delivery
10. Price and Payment: Gas price, price adjustment mechanisms, and payment terms
11. Billing and Settlement: Invoicing procedures, payment terms, and dispute resolution for billing
12. Transportation: Responsibilities for gas transportation and associated costs
13. Force Majeure: Events excusing performance and associated procedures
14. Warranties and Representations: Standard commercial warranties and specific gas supply warranties
15. Liability and Indemnities: Allocation of risks and limitation of liability provisions
16. Default and Termination: Events of default, cure periods, and termination rights
17. Dispute Resolution: Procedures for resolving disputes between parties
18. Confidentiality: Protection of confidential information and permitted disclosures
19. General Provisions: Standard boilerplate provisions including notices, assignment, and governing law
1. Take-or-Pay: Required when parties agree to minimum purchase obligations with payment regardless of actual takes
2. Make-up Gas: Used when take-or-pay provisions allow buyer to take paid-for but undelivered gas in subsequent periods
3. Gas Balancing: Needed when multiple parties have overlapping interests in gas fields
4. Gas Processing: Required when raw gas requires processing before delivery
5. Minimum Performance Obligations: Used when specific performance targets are required
6. Carbon Credits and Environmental Matters: Required when parties need to address carbon pricing or environmental obligations
7. Security Requirements: Include when credit support or performance security is required
8. Change in Law Provisions: Detailed provisions for managing regulatory changes when operating in uncertain regulatory environment
9. Interruptible Supply: Used when agreement includes both firm and interruptible gas supply
1. Schedule 1 - Gas Specifications: Detailed technical specifications for gas quality and composition
2. Schedule 2 - Delivery Point Details: Technical details of delivery point including schematics and metering arrangements
3. Schedule 3 - Testing and Measurement Procedures: Detailed procedures for gas testing and measurement
4. Schedule 4 - Price Calculation: Detailed price calculations, escalation formulas, and adjustment mechanisms
5. Schedule 5 - Nomination Procedures: Detailed procedures and timeframes for gas nominations
6. Schedule 6 - Contact Details: Key contacts for operational and contractual matters
7. Schedule 7 - Form of Bank Guarantee: Standard form for any required bank guarantee or security
8. Appendix A - Pipeline Transportation Terms: Key terms of associated pipeline transportation arrangements
9. Appendix B - Field Development Plan: Overview of gas field development if relevant to supply obligations
Authors
Annual Contract Quantity (ACQ)
Australian Energy Market Operator (AEMO)
Base Price
Business Day
Capacity Charge
Commercial Operation Date
Commencement Date
Contract Year
Daily Contract Quantity (DCQ)
Daily Nomination
Day
Delivery Point
Delivery Point Pressure
Force Majeure Event
Gas
Gas Day
Gas Specification
Gas Transportation Agreement
Gross Heating Value
GST
Imbalance
Initial Term
Interest Rate
Invoicing Period
Make-up Gas
Maximum Daily Quantity (MDQ)
Measurement Equipment
Minimum Daily Quantity (MinDQ)
Minimum Take Obligation
Month
Monthly Contract Quantity (MCQ)
National Gas Law
National Gas Rules
Nomination
Off-Specification Gas
Payment Due Date
Pipeline
Pipeline Operator
Price Adjustment Date
Quality Specifications
Quarter
Reasonable and Prudent Operator
Related Body Corporate
Scheduled Maintenance
Shortfall Gas
Take
Technical Dispute
Term
Transportation Charge
Year
Conditions Precedent
Term
Supply Obligations
Nominations
Delivery
Title and Risk
Gas Quality
Measurement
Price
Invoicing and Payment
Credit Support
Take or Pay
Make-up Gas
Transportation
Force Majeure
Warranties
Liabilities and Indemnities
Insurance
Default
Termination
Assignment
Change in Law
Dispute Resolution
Confidentiality
Notices
GST
Governing Law
Health and Safety
Environmental Compliance
Anti-corruption
Security Interest
Representatives
Records and Audits
Operational Communications
Emergency Response
Energy
Oil & Gas
Utilities
Manufacturing
Mining
Power Generation
Chemical Processing
Industrial
Commercial Real Estate
Agriculture
Legal
Commercial
Operations
Trading
Risk Management
Regulatory Affairs
Business Development
Technical Services
Compliance
Finance
Commercial Manager
Energy Trading Manager
Gas Supply Manager
Legal Counsel
Contract Administrator
Business Development Manager
Operations Manager
Risk Manager
Compliance Officer
Technical Manager
Chief Commercial Officer
Energy Procurement Manager
Regulatory Affairs Manager
Commercial Analyst
Portfolio Manager
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