Amendments to Agreement. 24.1 A change may be made to this agreement: (a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2; (b) if the change is a change to schedule 9 and the change is made in accordance with clause 9; (c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7; (d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.4; (e) if the change is made in accordance with clause 24.5 and involves: (i) permanent disconnection of all or part of the Network from a GXP; or (ii) the construction of a new GXP; and (f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4. 24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only: (a) in accordance with any applicable process in the Variable Provision; (b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or (c) by agreement in writing between the parties. 24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following: (a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and (b) before giving the Change Notice to the Retailer: (i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and (ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed. 24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
Appears in 17 contracts
Samples: Use of System Agreement, Use of System Agreement, Use of System Agreement
Amendments to Agreement. 24.1 Changes to agreement: A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;; or
(b) if the change is a change to schedule 9 8 and the change is made in accordance with clause 9;; or
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law or is necessary due to a change in law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant timetime or is otherwise binding on the Distributor, and the change is made in accordance with clause 24.4;; or
(ed) if the change is made in accordance with clause 24.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; andor
(fe) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4.
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;; or
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph sub-clause (b), the Distributor will give the Retailer a Change Notice not less than 20 30 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer (which may be undertaken jointly with other retailers) about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) the Distributor will provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 Procedure for changes required by law or necessary due to change in law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d24.1(c) and 24.1(f24.1(e):
Appears in 2 contracts
Amendments to Agreement. 24.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 Tariff Rates or Price Categories and the change is made in accordance with clause 99 or clause 10;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is a change made to the Embedded Network Provisions and is made in accordance with clause 24.4;
(e) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.424.5;
(ef) if the change is made in accordance with clause 24.5 24.6 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; and
(fg) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.424.5.
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;; or
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 Distributor seeks change to all or any part of the Embedded Network Provisions: The Distributor may change all or any part of the Embedded Network Provisions by consulting with the Retailer as follows:
(a) the Distributor will as soon as is reasonably practicable, having regard to:
(i) the date the information is received by the Distributor from the Local Network Owner; and
(ii) the nature of the change requested and the extent of the review required, and the resources available to the Distributor to conduct their review; and in any case within 5 Working Days of receiving the information from the Local Network Owner, provide details of the change and its effective date to the Retailer;
(b) the Retailer may provide comments on the change and its effective date to the Distributor within 10 Working Days of receipt of notice of the change pursuant to clause 24.4(a);
(c) the Distributor will:
(i) forward those comments to the Local Network Owner; and
(ii) advise the Retailer of the outcome of the communications with the Local Network Owner; and
(iii) confirm the change and any alterations to the change or its effective date, from that as advised earlier under clause 24.4(a).
24.5 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d24.1(e) and 24.1(f24.1(g):
Appears in 2 contracts
Amendments to Agreement.
24.1 A change may be made to this agreement:agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;7;
(d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.4;24.4;
(e) if the change is made in accordance with clause 24.5 and involves:involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; and
(f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4.24.4.
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:only:
(a) in accordance with any applicable process in the Variable Provision;
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
(a) Notice of change: either the Distributor or the Retailer may suggest a change by notice to the other. The notice will:
(i) if the proposed change is contemplated by clause 24.1(d), specify the provisions of the Code, the mandatory rules or protocols, or the laws that are the basis for the proposed change; or
(ii) if the proposed change is contemplated by clause 24.1(f):), set out the reasons for the proposed change; and
(iii) set out the change in the form that the change is proposed to be incorporated in this agreement;
(b) Good faith: the parties will negotiate the change in good faith;
Appears in 2 contracts
Amendments to Agreement. 24.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.4;
(e) if the change is made in accordance with clause 24.5 and involvesIf:
(i) permanent disconnection of all or part there is any Change in Law, including where a direction has been issued by the Minister in accordance with section 47ZP(1) of the Network from a GXP; orAct;
(ii) the construction of a new GXP; andMinister amends the Principal's appointment as the Coordinator under the Act, or
(fiii) if the change does not fall into any Coordinator Agreement is amended, (Scheme Change), the Principal may, by giving no less than 15 Business Days' notice in writing to the Operator (Scheme Change Notice), amend the Payments Schedule, the Verification Methodology, the Services Specification, the Reference Schedule or other terms of this Agreement to address that Scheme Change, including changing the categories set out above, and the change is made Fee in accordance with clause 24.46.1(b).
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice The Principal must calculate any changes to the RetailerFee as a result of the Scheme Change using the following order of precedence:
(i) prior agreement between the Distributor will consult Principal and the Operator;
(ii) applicable rates or fees in this Agreement; and
(iii) reasonable rates or fees (as determined by the Principal in its reasonable opinion), to address any direct costs reasonably incurred (or to be incurred), or savings made (or to be made) by the Operator as a consequence of the Scheme Change.
(c) The Operator may provide the Principal with the Retailer about the proposed change for a reasonable period, having regard written submission in response to the nature Scheme Change Notice within 5 Business Days of receiving the proposed change, but Scheme Change Notice (Operator Response).
(d) The Principal:
(i) must review and consider any Operator Response provided in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed changeaccordance with clause 6.1(b); and
(ii) provide may (in its sole discretion) amend the Retailer Scheme Change Notice in response to any Operator Response provided in accordance with clause 6.1(b).
(e) Subject to clauses 6.1(g) to 6.1(i) (inclusive), if the Principal issues a summary of all submissions received Scheme Change Notice in accordance with this clause, the Operator acknowledges and agrees that with effect from the responses date specified in the Scheme Change Notice, this Agreement is amended as set out in the Scheme Change Notice, as might be amended in accordance with clause 6.1(d).
(f) Any amendment to this Agreement under this clause 6 is not subject to the submissions Principal first conducting a review in accordance with the Review Procedure with respect to that clearly indicates whether amendment.
(g) If the majority Operator does not agree with an amendment in a Scheme Change Notice, it may issue a notice setting out its reasons to the Principal (Dissatisfaction Notice) and clause 20.8 shall apply.
(h) The Principal may, in its sole discretion, choose to amend the Scheme Change Notice on account of retailers any Dissatisfaction Notice issued by number the Operator under clause 6.1(g), in which case clause 20.8 shall not apply.
(i) With the prior agreement of ICPs supplied on the Network support or do Principal but not oppose the change proposed. For the avoidance of doubtotherwise, the Distributor Operator may change the Variable Provision as proposed in the Change Notice whether or not withdraw a majority of retailers support the change proposedDissatisfaction Notice.
24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
Appears in 2 contracts
Samples: Refund Point Agreement, Refund Point Agreement
Amendments to Agreement. 24.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.4;
(e) if the change is made in accordance with clause 24.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; and
(f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4.
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
(a) notice of change: either the Distributor or the Retailer may suggest a change by notice to the other; the notice will:
(i) if the proposed change is contemplated by clause 24.1(d), specify the provisions of the Code, the mandatory rules or protocols, or the laws that are the basis for the proposed change; or
(ii) if the proposed change is contemplated by clause 24.1(f), set out the reasons for the proposed change; and
(iii) set out the change in the form that the change is proposed to be incorporated in this agreement;
(b) good faith: the parties will negotiate the change in good faith;
(c) by agreement: if the Distributor and the Retailer agree to the proposed change they will promptly sign a written variation to this agreement documenting the change, and this agreement will be deemed to have been changed on the date the variation is signed by the Distributor and Retailer or on such other date as specified in the variation; and
(d) procedure for changes required by law, including the Code, if the parties have not agreed: if the proposed change is contemplated by clause 24.1(d) and the parties are unable to agree on the change within 60 Working Days of the date the notice was first given under paragraph (a), the matter will be referred to the decision of any independent, experienced and suitably qualified person agreed between the parties or failing agreement, appointed by the President for the time being of the New Zealand Law Society. The person appointed will act as an expert and not as an arbitrator and the decision of that person:
(i) will be the minimum necessary to effect the mandatory change required by clause 24.1(d);
(ii) subject to subparagraph (i), will be binding, absent obvious error; and
(iii) will take effect 10 Working Days after the decision is notified to the Retailer and Distributor unless the decision is required to take immediate effect by law (including the Code) or mandatory rules or protocols.
Appears in 1 contract
Samples: Use of System Agreement
Amendments to Agreement. 24.1 Overview: A change may be made to this agreementAgreement:
(a) by the Distributor if the change is a change to the pricing information referred to in clause S7.1 of Schedule 7 and is made in accordance with clause 7;
(b) by the Distributor if the change is made to the billing policies and processes set out in Schedule 2 and is made in accordance with clause 9.2;
(c) by the Distributor if the change is made to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 722.2;
(d) by either party if the change is required by law, including the Code, Law or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.422.3;
(e) by either party if the subject matter of the change is regulated by the Commerce Commission and the change is permitted or required as a result of a determination, decision, or direction of the Commerce Commission, and the change is made in accordance with clause 24.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; and22.3;
(f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4.22.3; or
24.2 (g) when it is deemed in accordance with clause 12.16, following a Network Reduction. Process to change any of the Variable Provisions: The If no other process for making changes is specified within the Variable Provisions Provision itself, the Distributor may be changed onlymake an amendment to a Variable Provision on not less than 40 Working Days’ notice, so long as:
(a) in accordance the change is not inconsistent with any applicable process in the Variable ProvisionGood Gas Industry Practice;
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with will not constitute a breach of clause 24.3; or5.1;
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that has made the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject available to paragraph (b), the Distributor will give the Retailer a Change Notice and other Direct Distribution Services Users trading on the Network for consultation, allowing not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Dayssubmissions, and will consider has considered in good faith any submission that the Retailer makes regarding the proposed change; and;
(iid) provide the Distributor has provided the Retailer with a summary of all submissions received and from all Direct Distribution Services Users (but without identifying the Direct Distribution Services User or disclosing any confidential information if requested by the Direct Distribution Services User), along with the Distributor’s responses to the submissions that clearly indicates those submissions, and a clear indication whether the majority of retailers by number Direct Distribution Services Users accounting for more than 50% of ICPs supplied on the Network support or do not oppose the change proposedamendment. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority Direct Distribution Services Users accounting for more than 50% of retailers ICPs support the proposed change; and
(e) if during the period allowed for submissions the Retailer provides reasonable evidence that it cannot comply with the proposed change proposed.
24.4 without making material changes to its systems or processes, the Distributor must delay implementation of the change until at least 3 months after it notifies the finalised change to the Retailer under this clause 22.2. At the expiry of the applicable notice period this Agreement will be deemed to be amended to reflect the updated Variable Provisions notified by the Distributor, and the Distributor will notify and provide copies of the updated Variable Provisions to the Retailer within 5 Working Days of the end of the notice period. To the extent the Variable Provisions conflict with any other express provisions of this Agreement, the latter will prevail. Procedure for changes required by law, including the Code, law and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d22.1(d) to 22.1(f):
(a) Either party may propose a change by giving notice to the other party. The Distributor may in its discretion choose to consult with the Retailer and all other Direct Distribution Services Users jointly about the proposed change:
(i) if the proposed change is contemplated by clause 22.1(d), specify the provisions of the mandatory rules or protocols, or the law or regulation, that are the basis of the proposed change; or
(ii) if the proposed change is contemplated by clause 22.1(e), specify the determination, decision, or direction of the Commerce Commission that is the basis of the proposed change; or
(iii) if the proposed change is contemplated by clause 22.1(f), set out the reasons for the proposed change; and
(iv) propose a draft amendment in the form that the change is proposed to be incorporated into this Agreement.
(b) The parties must negotiate the change in good faith.
(c) If the parties agree to the proposed change, they will promptly sign a written variation to this Agreement documenting the change, and this Agreement will be deemed to have been changed on the date the variation was signed by the Distributor and Retailer or on such other date as specified in the variation.
(d) Subject to clause (e), if the proposed change is contemplated by clauses 22.1(d) or (e) and 24.1(fthe parties are unable to agree on the change within 60 Working Days of the date the notice was first given under paragraph (a), then either party may give notice to the other referring the change to be determined by arbitration, in which case:
(i) the arbitration will be conducted before a single arbitrator in Auckland;
(ii) the arbitrator will be agreed between the Parties or, failing agreement within 10 Working Days of the referral to arbitration, appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand;
(iii) the arbitration will be conducted in accordance with the Arbitration Act 1996;
(iv) the arbitrator will ask each party to submit its best proposal for the change, and will select the proposal which the arbitrator considers is the most fair, reasonable and consistent with Good Gas Industry Practice. The arbitrator’s decision will be final and binding on the parties; and
(v) from the date of the arbitrator’s decision the Agreement will be deemed to be amended accordingly.
(e) Notwithstanding clause 22.3(d), if the proposed change is contemplated by clauses 22.1(d) or 22.1(e) and the parties are unable to agree on the change within 40 Working Days of the date the notice was first given under paragraph (a), the Distributor may give notice making the change binding pending the outcome of arbitration under clause 22.3(d), provided that the change does not constitute a breach of clause 5.1.
(f) If the proposed change is contemplated by clause 22.1(f) and the parties are unable to agree on the change within 40 Working Days of the date the notice was first given under paragraph (a), the Distributor may give notice making the proposed change, provided that:
(i) the change will not constitute a breach of clause 5.1; and
(ii) either:
(A) out of all the agreements for the supply of Distribution Services then in force between the Distributor and the Retailer or any third party (excluding any such agreement to the extent that the Distribution Services relate solely to gas consumed by that third party):
(1) there are no more than two agreements that do not include substantially the same change or addition; and
(2) the agreements that do include substantially the same change or addition provide Distribution Services for not less than 85% of the total ICPs on the Network; or
(B) the change or addition is expressed to come into effect only once the requirements of sub-paragraph (A) above have been satisfied.
(g) The Distributor must notify the Retailer of its intention to exercise its rights under clause 22.3(e) or 22.3(f) no less than 5 Working Days prior to expiry of the 40 Working Days’ period referred the relevant clause. Any change made to this Agreement in accordance with clause 22.3(e) or 22.3(f) will become effective on expiry of the 40 Working Days’ period referred to in that clause.
Appears in 1 contract
Amendments to Agreement. 24.1 15.1 Agreement not to be changed except in certain circumstances: A change may be made to this agreementagreement if:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
15.2; or (ba)(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law or is necessary due to a change in law, including the Code, Code or any mandatory rules or protocols of any industry association or body of to which both the Distributor and the Retailer are members or signatories at the relevant timetime or is otherwise binding on the Distributor, and the change is made in accordance with clause 24.4;16.2; andor
(eb) if the change is a change to a Loss Factor or a Loss Category code, and the change is made in accordance with clause 24.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP7; and
(fc) if the change is a change to a fee set out in schedule 8 7 and the change is made in accordance with clause 15.31.1; andor
(d) the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.415.414.216.2.
24.2 15.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;; or
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.315.3; or
(c) by agreement in writing between the parties.
24.3 15.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph sub-clause (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer (which may be undertaken jointly with other retailers) about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) the Distributor will provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
Appears in 1 contract
Samples: Use of System Agreement
Amendments to Agreement. 24.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer Trader are members or signatories at the relevant time, and the change is made in accordance with clause 24.4;
(e) if the change is made in accordance with clause 24.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; and
(f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4.
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer Trader a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the RetailerTrader:
(i) the Distributor will consult with the Retailer Trader about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer Trader makes regarding the proposed change; and
(ii) provide the Retailer Trader with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers traders by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers traders support the change proposed.
24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
Appears in 1 contract
Samples: Use of System Agreement
Amendments to Agreement. 24.1 25.1 A change may be made to this agreementAgreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2Clause 25.2;
(b) if the change is a change to schedule 9 the Pricing Methodology or Price Schedule and the change is made in accordance with clause 9Clause 12;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law, including the Code, law or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.4Clause 25.4;
(ed) if the change is made in accordance with clause 24.5 Clause 25.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXPGas Gate; or
(ii) the construction of a new GXPGas Gate; and
(fe) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4Clause 25.4.
24.2 25.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;
(b) if there is no applicable process in the Variable Provision and the party Party seeking the change is the Distributor, in accordance with clause 24.3Clause 25.3; or
(c) by agreement in writing between the partiesParties.
24.3 25.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 25.4 Procedure for changes required by law, including the Code, law and other changes: The following procedures will apply to changes contemplated by clauses 24.1(dClauses 25.1(c) and 24.1(f25.1(e):
(a) Notice of change: either the Distributor or the Retailer may suggest a change by Notice to the other. The Notice will:
(i) if the proposed change is contemplated by Clause 25.1(c), specify the mandatory rules or protocols, or the laws that are the basis for the proposed change; or
(ii) if the proposed change is contemplated by Clause 25.1(e), set out the reasons for the proposed change; and
(iii) set out the change in the form that the change is proposed to be incorporated in this Agreement;
Appears in 1 contract
Samples: Use of System Agreement
Amendments to Agreement. 24.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.4;; and
(e) if the change is made in accordance with clause 24.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; andparagraph intentionally left blank)
(f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4.
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and Deleted: if the change is made in accordance with clause 24.5 and involves: permanent disconnection of all or part of the Network from a GXP; or¶ the construction of a new GXP; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
Appears in 1 contract
Samples: Use of System Agreement
Amendments to Agreement. 24.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 Tariff Rates or Price Categories and the change is made in accordance with clause 99 or clause 10;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is a change made to the Embedded Network Provisions and is made in accordance with clause 24.4;
(e) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.424.5;
(ef) if the change is made in accordance with clause 24.5 24.6 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; and
(fg) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.424.5.
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;; or
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 Distributor seeks change to all or any part of the Embedded Network Provisions: The Distributor may change all or any part of the Embedded Network Provisions by consulting with the Retailer as follows:
(a) the Distributor will as soon as is reasonably practicable, having regard to:
(i) the date the information is received by the Distributor from the Local Network Owner; and
(ii) the nature of the change requested and the extent of the review required, and the resources available to the Distributor to conduct their review; and in any case within 5 Working Days of receiving the information from the Local Network Owner, provide details of the change and its effective date to the Retailer;
(b) the Retailer may provide comments on the change and its effective date to the Distributor within 10 Working Days of receipt of notice of the change pursuant to clause 24.4(a);
(c) the Distributor will:
(i) forward those comments to the Local Network Owner; and
(ii) advise the Retailer of the outcome of the communications with the Local Network Owner; and
(iii) confirm the change and any alterations to the change or its effective date, from that as advised earlier under clause 24.4(a).
24.5 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d24.1(e) and 24.1(f24.1(g):
Appears in 1 contract
Samples: Use of System Agreement
Amendments to Agreement. 24.1 25.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.225.2;
(b) if the change is a change to schedule 9 8 or a document referred to in schedule 8, and the change is made in accordance with clause 910;
(c) to avoid doubt, if the change is a change to a Loss Factor and the change is made in accordance with clause 78;
(d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.425.4;
(e) if the change is made in accordance with clause 24.5 25.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; and
(f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.425.4.
24.2 25.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process set out in the relevant Variable Provision;
(b) if there is no applicable process set out in the relevant Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.325.3; or
(c) by agreement in writing between the parties.
24.3 25.3 Distributor seeks change to a Variable Provision: If there is no applicable process set out in the relevant Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.the
24.4 25.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d25.1(d) and 24.1(f25.1(f):
(a) Notice of change: either the Distributor or the Retailer may suggest a change by notice to the other. The notice will:
(i) if the proposed change is contemplated by clause 25.1(d), specify the provisions of the Code, the mandatory rules or protocols, or the laws that are the basis for the proposed change; or
(ii) if the proposed change is contemplated by clause 25.1(f), set out the reasons for the proposed change; and
(iii) set out the change in the form that the change is proposed to be incorporated in this agreement;
(b) Good faith: the parties will negotiate the change in good faith;
(c) By agreement: if the Distributor and the Retailer agree to the proposed change they will promptly sign a written variation to this agreement documenting the change, and this agreement will be deemed to have been changed on the date the variation is signed by the Distributor and Retailer or on such other date as specified in the variation; and
(d) Procedure for changes required by law, including the Code, if the parties have not agreed: if the proposed change is contemplated by clause 25.1(d) and the parties are unable to agree on the change within 60 Working Days of the date the notice was first given under clause 25.4(a), the matter will be referred to the decision of any independent, experienced and suitably qualified person agreed between the parties or failing agreement, appointed by the President for the time being of the New Zealand Law Society. The person appointed will act as an expert and not as an arbitrator and the decision of that person:
(i) will be the minimum necessary to effect the mandatory change required by clause 25.1(d);
(ii) subject to subparagraph (i), will be binding, absent obvious error; and
(iii) will take effect 10 Working Days after the decision is notified to the Retailer and Distributor unless the decision is required to take immediate effect by law (including the Code) or mandatory rules or protocols.
Appears in 1 contract
Samples: Use of System Agreement
Amendments to Agreement. 24.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 70;
(d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.4;
(e) if the change is made in accordance with clause 24.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; and
(f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4.
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
Appears in 1 contract
Samples: Use of System Agreement
Amendments to Agreement. 24.1 15.1 Agreement not to be changed except in certain circumstances: A change may be made to this agreementagreement if:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;15.2; or
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law or is necessary due to a change in law, including the Code, Code or any mandatory rules or protocols of any industry association or body of to which both the Distributor and the Retailer are members or signatories at the relevant timetime or is otherwise binding on the Distributor, and the change is made in accordance with clause 24.4;16.2; or
(ec) if the change is a change to a fee set out in schedule 7 and the change is made in accordance with clause 24.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP15.3; or
(iid) the construction of a new GXP; and
(f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.415.4.
24.2 15.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;; or
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.315.3; or
(c) by agreement in writing between the parties.
24.3 15.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph sub-clause (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer (which may be undertaken jointly with other retailers) about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) the Distributor will provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may change the Variable Provision as proposed in the Change Notice whether or not a majority of retailers support the change proposed.
24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
Appears in 1 contract
Samples: Use of System Agreement
Amendments to Agreement. 24.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.4;
(e) if the change is made in accordance with clause 24.5 and involvesIf:
(i) permanent disconnection of all or part there is any Change in Law, including where a direction has been issued by the Minister in accordance with section 47ZP(1) of the Network from a GXP; orAct;
(ii) the construction of a new GXP; andMinister amends the Principal's appointment as the Coordinator under the Act, or
(fiii) if the change does not fall into any Coordinator Agreement is amended, (Scheme Change), the Principal may, by giving no less than 15 Business Days' notice in writing to the Operator (Scheme Change Notice), amend the Payments Schedule, the Verification Methodology, the Services Specification, the Reference Schedule or other terms of this Agreement to address that Scheme Change, including changing the categories set out aboveFee, and the change is made Drop & Go Services Fee or Disability Labour Subsidy in accordance with clause 24.46.1(b).
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice The Principal must calculate any changes to the RetailerFee, Drop & Go Services Fee or Disability Labour Subsidy as a result of the Scheme Change using the following order of precedence:
(i) prior agreement between the Distributor will consult Principal and the Operator;
(ii) applicable rates or fees in this Agreement; and
(iii) reasonable rates or fees (as determined by the Principal in its reasonable opinion), to address any direct costs reasonably incurred (or to be incurred), or savings made (or to be made) by the Operator as a consequence of the Scheme Change.
(c) The Operator may provide the Principal with the Retailer about the proposed change for a reasonable period, having regard written submission in response to the nature Scheme Change Notice within 5 Business Days of receiving the proposed change, but Scheme Change Notice (Operator Response).
(d) The Principal:
(i) must review and consider any Operator Response provided in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed changeaccordance with clause 6.1(b); and
(ii) provide may (in its sole discretion) amend the Retailer Scheme Change Notice in response to any Operator Response provided in accordance with clause 6.1(b).
(e) Subject to clauses 6.1(g) to 6.1(i) (inclusive), if the Principal issues a summary of all submissions received Scheme Change Notice in accordance with this clause, the Operator acknowledges and agrees that with effect from the responses date specified in the Scheme Change Notice, this Agreement is amended as set out in the Scheme Change Notice, as might be amended in accordance with clause 6.1(d).
(f) Any amendment to this Agreement under this clause 6 is not subject to the submissions Principal first conducting a review in accordance with the Review Procedure with respect to that clearly indicates whether amendment.
(g) If the majority Operator does not agree with an amendment in a Scheme Change Notice, it may issue a notice setting out its reasons to the Principal (Dissatisfaction Notice) and clause 20.8 shall apply.
(h) The Principal may, in its sole discretion, choose to amend the Scheme Change Notice on account of retailers any Dissatisfaction Notice issued by number the Operator under clause 6.1(g), in which case clause 20.8 shall not apply.
(i) With the prior agreement of ICPs supplied on the Network support or do Principal but not oppose the change proposed. For the avoidance of doubtotherwise, the Distributor Operator may change the Variable Provision as proposed in the Change Notice whether or not withdraw a majority of retailers support the change proposedDissatisfaction Notice.
24.4 Procedure for changes required by law, including the Code, and other changes: The following procedures will apply to changes contemplated by clauses 24.1(d) and 24.1(f):
Appears in 1 contract
Samples: Refund Point Agreement
