Common use of Alternative Discharge Point Clause in Contracts

Alternative Discharge Point. Where there is an Alternative Discharge Point, the Water Company may, having first consulted the New Appointee, choose in its absolute discretion to provide Emergency Services or Assistance Services or part of it as a piped discharge through the Alternative Discharge Point, but the Water Company shall have no obligation to do so without prejudice to any obligation the Water Company may have to provide Emergency Services or Assistance Services by other means. D2. When the Water Company provides Emergency Services or Assistance Services or part of it as a piped discharge through an Alternative Discharge Point, it shall determine in its reasonable opinion the capacity that is available and can be provided (taking into account the needs of the other persons to whom the Water Company provides sewerage services and the need to ensure that the Emergency Services or Assistance Services do not prejudice the safe, efficient and lawful operation of the Water Company’s Sewerage Network and any treatment works) and shall have no obligation to provide any minimum capacity and shall be able to reduce or interrupt the piped Emergency Services or Assistance Services to meet its own operational and compliance requirements. Where the Water Company determines in accordance with this agreement that it will not provide or will reduce or discontinue piped Emergency Services or Assistance Services it shall still if requested by the New Appointee comply with any obligations it may have in this agreement by other means.

Alternative Discharge Point. D.1. Where there is an Alternative Discharge Point, the Water Company may, having first consulted the New Appointee, choose in its absolute discretion to provide Emergency Services or Assistance Services or part of it as a piped discharge through the Alternative Discharge Point, but the Water Company shall have no obligation to do so without prejudice to any obligation the Water Company may have to provide Emergency Services or Assistance Services by other means. D2D.2. When the Water Company provides Emergency Services or Assistance Services or part of it as a piped discharge through an Alternative Discharge Point, it shall determine in its reasonable opinion the capacity that is available and can be provided (taking into account the needs of the other persons to whom the Water Company provides sewerage services and the need to ensure that the Emergency Services or Assistance Services do not prejudice the safe, efficient and lawful operation of the Water Company’s Sewerage Network and any treatment works) and shall have no obligation to provide any minimum capacity and shall be able to reduce or interrupt the piped Emergency Services or Assistance Services to meet its own operational and compliance requirements. Where the Water Company determines in accordance with this agreement that it will not provide or will reduce or discontinue piped Emergency Services or Assistance Services it shall still if requested by the New Appointee comply with any obligations it may have in this agreement by other means.