5 Gas not made available for offtake

(ii) the total quantity of non-compliant gas referred to in paragraph 4.2, and reasonable details of the respect(s) in which the non-compliant gas did not comply with the Applicable Offtake Requirements; and

(iii) reasonable details of the costs and expenses referred to in paragraph 4.1 and the person(s) by whom and purposes for which they were incurred.

(b) the amount payable by the Operator shall be invoiced and payable in accordance with Section K.

4.4 Any dispute as to anything specified by a User under paragraph 4.3 shall be referred to Expert Determination.

4.5 Paragraph 3.5 and this paragraph 4 do not apply and the Operator shall not be liable thereunder to the extent that the failure (of gas offtaken) to comply with Applicable Offtake Requirements was:

(a) a failure to comply with the Applicable Offtake Pressure; and references in those paragraphs to non-compliant gas shall be construed accordingly; or

(b) caused by the delivery to the System of non-compliant gas by a Delivering User on the relevant Day.

5 Gas not made available for offtake

5.1 Subject to compliant gas being made available to the Operator at the System Entry Point(s), where:

(a) the Operator is or has been in breach of its obligation to make gas available for offtake from the System at a Supply Meter Point; or

(b) gas made available for offtake from the System at a Supply Meter Point does not comply with the Applicable Offtake Requirements and an Offtaking User declined (in accordance with 3.3(b)) to offtake such gas

the further provisions of this paragraph 5 shall apply.

5.2 The Operator will pay to the Registered User an amount determined as:

where: C * (1 - X / Y) * P

C is the amount of the Supply Meter Point Capacity held by the User at the Supply Meter Point on the relevant Day;

X is in the case of a Very Large DM Supply Meter Point or DM Supply Meter Point (as applicable), the quantity of gas which was made available for offtake from the System on the relevant Day;

Y is in the case of a Very Large DM Supply Meter Point or DM Supply Meter Point (as applicable), the Nominated Quantity under the DM Offtake Nomination for the relevant Supply Meter Point, provided that:

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