Common use of ActewAGL not liable Clause in Contracts

ActewAGL not liable. (a) If ActewAGL: (i) interrupts, curtails or reduces Services; (ii) implements Load Shedding; or (iii) requires a reduction or cessation of Load from any User or Customer, in accordance with this clause 23, ActewAGL will not be liable for any and all Damage or claims in connection with or arising as a result of that Load Shedding, interruption, curtailment, reduction, cessation or requirement (including any reduction in supply to Customers as a result) unless and to the extent that the negligent act or omission or wilful misconduct of ActewAGL caused that Damage or claim. The User will indemnify and hold ActewAGL harmless against any such Damages or claims to the extent that the User's negligent act or omission, wilful misconduct or breach of this clause 23 has caused the Damage or claim. (b) ActewAGL may not rely on clause 23.7(a) to the extent that the Damage was caused by: (i) an interruption, curtailment or reduction in Services which occurred solely as a result of a scheduled interruption under clause 23.2; and (ii) ActewAGL has failed to notify the User at least 4 Business Days prior to the interruption, curtailment, cessation or reduction of Services. (c) Without limiting clause 23.7(a), ActewAGL is not liable for, and the User will indemnify and hold ActewAGL harmless from and against, any and all Damages or claims in connection with or arising as a result of: (i) the User’s failure to comply with clause 23; or (ii) a failure by a User’s Customer to act in accordance with the instructions or requests received from ActewAGL or the User under clause 23.4.