For the purposes of these calculations, the market price shall be the offer side of the market price of Gas per gigajoule at AECO/NIT, for the period referenced above, adjusted for the basis differential to the TransGas Energy Pool (TEP). If the Service Transfer Date is not the first day of a month, the market price will be based on the period beginning the first day of the month in which the Service Transfer Date is effective, to November 1 st of the following year. 15. Exit Charges and Return Charges payable under this Schedule shall be paid as liquidated damages and not as a penalty. The parties acknowledge and agree that actual damages are extremely difficult or impossible to determine and that such payment is intended to be a reasonable approximation of the amount of such damages. All liability for Exit Charges and Return Charges shall be joint and several as between Customer(s) and Gas Retailer, and a Customer or Gas Retailer is not released of discharged from liability if the other, or another Customer or Gas Retailer, is released or discharged. Dispute Resolution Process 16. As part of a Gas Retailer Services Agreement with SaskEnergy, Gas Retailers have agreed to comply with a Code of Conduct. 17. Code of Conduct disputes will be resolved following the dispute resolution procedures described in Schedule 6, Part A to the Gas Retailer Tariff between SaskEnergy and the Gas Retailer and the results of such procedures will be final and binding upon the parties (the “Dispute Resolution Process”). As a term and condition of service, a Gas Retailer Customer agrees to be bound by the Dispute Resolution Process, as amended from time to time. 18. A Customer or Gas Retailer that wishes to proceed to level 2 of the Dispute Resolution Process, which involves appointment of a dispute resolution coordinator, shall pay a Dispute Resolution Fee to SaskEnergy. The parties to a Med-Arb session (as defined in the Dispute Resolution Process) shall be entitled to a one half day Med-Arb session, subject to payment of the Dispute Resolution Fee, thereafter the dispute resolution coordinator may render a ruling, or where both parties are in agreement, the session may be extended and the parties shall contract directly with the dispute resolution coordinator for the additional cost. The current Dispute Resolution Fee is found in the Tariff of Fees (Appendix C). APPENDIX F – SAFE WORK PLANNING AND FACILITY CROSSING EFFECTIVE SEPTEMBER 14, 2023 Contained below is a list of activities and installations SaskEnergy is prepared to authorize within the Right of Way or 1.5 metre set back area, without further application or consent (“Permission”), provided the terms and conditions set out herein are met and maintained. If you (the “Grantee”) do not have SaskEnergy’s agreement in writing, any activity or installation which is not expressly allowed herein is prohibited and is deemed undertaken without SaskEnergy’s Permission. All SaskEnergy Pipelines have certain legislated protections. Section 36 of The SaskEnergy Act has historically precluded buildings or other structures over a Pipeline. Pursuant to Section 7.1 of The SaskEnergy Regulations , Site Disturbances in proximity to a SaskEnergy Pipeline requires Permission
SaskEnergy Terms and Conditions of Service Schedule – Appendix F
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