13. Liabilities and Indemnities

(b) gas flows in the distribution networks from BSEPs are accounted for as entry flows at a DBEP as defined under the NI Network Gas Transmission Code:

For the purposes of determining a User’s Aggregate NI Imbalance under the NI Network Gas Transmission Code.

12.2 For the purposes of this Code:

(a) the “Information Sharing Agreement” means the agreement between the Distribution System Operators and the Transmission System Operators whereby the Distribution System Operators agree to provide Aggregate Balancing Information to the Transporter;

(b) “Aggregate Balancing Information” means the information set out in paragraph 12.3 below and the Allocations Information set out in Section D paragraph 5.2.

12.3 Pursuant to the Information Sharing Agreement, the Operator shall provide the following nominations information for each User to the Transporter:

(a) Biomethane Delivery Nominations;

(b) Biomethane Delivery Renominations;

(c) Transmission Delivery Nomination Required;

(d) Transmission Delivery Renomination Required;

at each Demand Forecast Time and each Demand Forecast Update in line with the requirements of the Information Sharing Agreement.

13. Liabilities and Indemnities

13.1 In providing the Demand Forecast Information to the Forecasting Party and the Aggregate Balancing Information to the Transporter the Operator will act as a Reasonable and Prudent Operator but shall not be liable as to any loss or liability incurred by a User or otherwise to any User in respect of, or in consequence of, anything done or omitted to be done by the Operator under this Section C.

13.2 Each User:

(a) Undertakes to the Operator that it will not make, raise or assert any claim or action of any kind against the Operator with respect to any matters which relate directly or indirectly to the provision of Demand Forecast Information or Aggregate Balancing Information; and

(b) Shall indemnify and keep indemnified the Operator from and against any and all demands, claims, losses, costs, liabilities and damages of any kind whatsoever and howsoever arising which the Operator may suffer or incur directly or indirectly in relation to or arising from or in connection with any contravention by that User of the undertaking in (a) above.

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