Alleged Breaches. 2.1 The grid owner self-reported breaches of clauses 4(1), 4(4)(a)(i) and 4(4)(a)(ii) of Technical Code A of Schedule 8.3. The grid owner also breached clause 4(2) of Technical Code A of Schedule 8.3.
2.2 The grid owner alleged that MainPower breached clauses 4(1), 4(2), 4(4)(a)(i) and 4(4)(a)(ii) of Technical Code A of Schedule 8.3.
Alleged Breaches. For the purposes of this Article VIII, an “alleged” breach, inaccuracy or violation of a representation, warranty or covenant shall exist only if there is a claim by a third-party against an Indemnified Party alleging facts that, if true, would constitute a breach, violation or inaccuracy of such representation or warranty or covenant.
Alleged Breaches. 2.1 The alleged Rule 4.4.1 of technical code A of schedule C3 of part C provides:
4.4 Protection of assets and the grid
4.4.1 Achieve the PPOs
4.4.1.1 Disconnect any faulted asset
4.4.1.2 Be selective when operating assets will be disconnected; and
4.4.1.3 Preserve power system stability
Alleged Breaches. 2.1 Contact failed to ensure that it certified each interim certified metering installation it is responsible for, by 1 April 2015.
Alleged Breaches. The non-participant alleged that Alpine breached the following provisions of the Code:
(a) clause 6.3 by failing to make certain information publicly available to enable connection of distributed generation in accordance with its connection and operation standards
(b) clause 6.4(2) by failing to grant approval to connect distributed generation that complied with Alpine’s connection and operation standards
(c) clause 2(5) of Schedule 6.1 by failing to notify the non-participant whether its application was complete, within the required 5 business days timeframe
(d) clause 3(3) of Schedule 6.1 when it declined six of the non-participant’s applications to connect distributed generation, but failed to provide the required information with the notification
(e) clause 9 of Schedule 6.1 when, under the circumstances outlined in that clause, it failed to connect the distributed generation as soon as practicable under regulated terms
(f) clause 2 of Schedule 6.2 by failing to interpret the regulated terms for connection of distributed generation in a way that gave business efficacy to the relationship between Alpine and the non-participant (g) clause 3 of Schedule 6.2, because Alpine’s assessment of what was “reasonable and prudent operating practice” would force the adoption of unsafe installation practices.
Alleged Breaches. 2.1 On 11 December 2019, 23 January 2020, 31 January 2020 and 3 February 2020 Auckland Commercial Solar is alleged to have breached clause 14A.6(2) of the Code when it failed to provide the minimum security to the clearing manager by 4.00pm. The failure to provide the minimum security by the deadline constituted events of default.
Alleged Breaches. 2.1 The System Operator reported Vector for the following alleged breaches of the EGRs occurring on 1 July 2005 :
(a) Rule 6.3.3 of Section II of Part G for failing to provide reasonable estimates to the System Operator for the Interruptible Load Vector was able to provide on the above date; and
(b) Rule 4.11 of Section III of Part G for failing to comply with Dispatch Instructions for Interruptible Load on the above date.
2.2 Vector denies the Alleged Breaches. Nothing in this Agreement is to be interpreted as acceptance of the Alleged Breaches by Vector.
2.3 Nothing in this agreement is to be interpreted as acceptance of Vector’s denial of the Alleged Breaches by any of the other parties.
Alleged Breaches. 2.1 Alpine failed to ensure that it certified each interim certified metering installation it is responsible for, by 1 April 2015.
Alleged Breaches. 2.1 The System Operator reported Mighty River Power for the following alleged breaches of the EGRs occurring on 22 July 2005, 30 July 2005, and 14 October 2005:
(a) Rule 4.11 of Section III of Part G for failing to comply with Dispatch Instructions for energy at Mokai power station on the above dates.
2.2 Mighty River Power denies the Alleged Breaches. Nothing in this Agreement is to be interpreted as acceptance of the Alleged Breaches by Mighty River Power.
Alleged Breaches. If Adaptimmune receives notice of an alleged breach by Adaptimmune or its Affiliates under any Adaptimmune Cell Line Agreement or Existing Upstream License Agreement, where termination of such Adaptimmune Cell Line Agreement or Existing Upstream License Agreement or any diminishment of the use of the applicable Cell Line in the Research Program or scope or exclusivity of the licenses granted to GNE under the Adaptimmune Licensed IP exclusively licensed to GNE hereunder is being or could be sought by the counterparty or result from such breach, then Adaptimmune will promptly, but in no event less than three (3) Business Days thereafter, provide written notice thereof to GNE; and if (a) Adaptimmune has been finally determined to have breached such agreement or if Adaptimmune has agreed that it is in breach of such agreement, and (b) Adaptimmune has not cured such breach within the time period such agreement allows for cure, then GNE will have the right (but not the obligation) to: (i) cure such alleged breach to the extent possible; and (ii) offset any amounts paid by GNE to the counterparty of such Adaptimmune Cell Line Agreement to cure such breach against any payments due or that may become due under this Agreement.
