The transit contract did not contain a provision typically referred to as “Ship-or-Pay” or “Send-or-Pay” (essentially a provision for payments on the basis of a capacity reserve); Naftogaz proposed such a clause as part of the contract negotiations, but Gazprom rejected it. However, the contract of transit contained a general provision on liability: Article 10.1 required a party that failed to fulfil any of its obligations under the contract of transit “to reimburse the other party for all proven damage caused by such non-compliance”. In addition, it is the most recent in a number of cases of changes in contractual tariffs in long-term gas transmission contracts. For example, the overhead costs associated with the supply of crude oil compared to a discount are very high. .