4 Payment in respect of non-compliant gas

3.3 Where non-compliant gas is made available for offtake from the System at a Supply Meter Point, the Offtaking User may, from time to time until such time as the Applicable Offtake Requirements are complied with in respect of gas made available for offtake at such point, in its discretion, either:

(a) offtake or continue to offtake such gas, in which case paragraph 4 shall apply; or

(b) decline to offtake or to continue to offtake such gas, in which case paragraph 5 shall apply.

3.4 A User's rights under paragraph 3.3 shall not be prejudiced by its election to offtake noncompliant gas (whether or not it is aware that the gas is non-compliant).

3.5 Subject to paragraph 4.5, where non-compliant gas has been offtaken on any Day from the System at a Supply Meter Point, the Operator shall be liable to pay to each Offtaking User an amount determined in accordance with paragraph 4.

3.6 Subject to paragraph 4.5, for the purposes of this Section H non-compliant gas is gas made available for offtake from the System at a Supply Meter Point in respect of which any of the Applicable Offtake Requirements is not or was not complied with.

3.7 Where a User becomes aware that non-compliant gas is being made available for offtake from the System it shall inform the Operator as soon as reasonably practicable.

3.8 Where the Operator becomes aware that non-compliant gas is being made available for offtake from the System it shall inform Users as soon as reasonably practicable.

4 Payment in respect of non-compliant gas

4.1 Subject to paragraph 4.2, the amount payable by the Operator to an Offtaking User under paragraph 3.5 shall be all reasonable costs and expenses reasonably incurred by the User in consequence of the offtake of the non-compliant gas, including (without limitation) costs and expenses incurred:

(a) in cleaning or clearing any part of the relevant pipework downstream of the Supply Meter Point; and/ or

(b) in taking reasonable measures to secure that non-compliant gas can be made fit for use in the Consumer's Plant.

4.2 The amount payable by the Operator to an Offtaking User shall not exceed 10% of the amount calculated as the User's Offtake Proportion of the total quantity of non-compliant gas offtaken by Users from the System at the relevant Supply Meter Point on the relevant Day multiplied by the GMO Daily Gas Price.

4.3 Where any amount has become payable to an Offtaking User pursuant to paragraph 3.5:

(a) the User shall as soon as reasonably practicable so notify the Operator specifying:

(i) the relevant Supply Meter Point and the Day or Days on which noncompliant gas was offtaken from the System;

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