Common use of Appointment of PAFA Clause in Contracts

Appointment of PAFA. 16.3.1 A person shall be appointed by the CDSP, in accordance with this paragraph 16.3, for the purposes of conducting the functions ascribed to the PAFA by the PAF Document (as at the time of such appointment), including the preparation, maintenance and management of the registers referred to in paragraph 16.1.1(d)(i) and the determination of DNOs’, the CDSP’s and Shipper Users’ levels of performance of specific LDZ Settlement Related Obligations. 16.3.2 The CDSP shall, subject to and in accordance with the PAF Document and (where consistent with the provisions of this paragraph 16 and the PAF Document) the requirements of the PAC, as soon as reasonably practicable: (a) prepare arrangements and documentation for a competitive tender for the appointment of a person as PAFA in accordance with relevant Legal Requirements; (b) conduct such tender on the basis of such arrangements and documentation, including with respect to any such pre-qualification and selection criteria as may be specified by the PAC; (c) review and assess the proposals made by persons tendering for appointment as the PAFA pursuant to the tender; (d) where appropriate for the purposes of determining which of such persons to appoint as PAFA, enter into discussions with one or more of them; (e) use reasonable endeavours to enter into an PAFA Contract with the person selected on the basis of the competitive tender process, such contract to commence as soon as reasonably practicable and to provide for the PAFA to act with all due skill, care and diligence and impartiality when performing of its duties thereunder and in so far as reasonably practicable to act equitably as between Shipper Users, DNOs and the CDSP in identifying, monitoring and reporting on material risks in connection with specific LDZ Settlement Related Obligations with respect to the matters specified at paragraph 16.1.1(a)(i) to (iii); (f) notify Shipper Users and Transporters of the appointment of the PAFA; and (g) perform the CDSP’s obligations and exercise the CDSP’s rights under the PAFA Contract.

Appointment of PAFA. 16.3.1 A person shall be appointed by the CDSPDNOs, in accordance with this paragraph 16.3, for the purposes of conducting the functions ascribed to the PAFA by the PAF Document (as at the time of such appointment), including the preparation, maintenance and management of the registers referred to in paragraph 16.1.1(d)(i) and the determination of DNOs’, the CDSP’s ’ and Shipper Users’ levels of performance of specific LDZ Settlement Related Obligations. 16.3.2 The CDSP DNOs shall, subject to and in accordance with the PAF Document and (where consistent with the provisions of this paragraph 16 and the PAF Document) the requirements of the PAC, as soon as reasonably practicable: (a) prepare arrangements and documentation for a competitive tender for the appointment of a person as PAFA in accordance with relevant Legal Requirements; (b) conduct such tender on the basis of such arrangements and documentation, including with respect to any such pre-qualification and selection criteria as may be specified by the PAC; (c) review and assess the proposals made by persons tendering for appointment as the PAFA pursuant to the tender; (d) where appropriate for the purposes of determining which of such persons to appoint as PAFA, enter into discussions with one or more of them; (e) use reasonable endeavours to enter into an PAFA Contract with the person selected on the basis of the competitive tender process, such contract to commence as soon as reasonably practicable and to provide for the PAFA to act with all due skill, care and diligence and impartiality when performing of its duties thereunder and in so far as reasonably practicable to act equitably as between Shipper Users, DNOs and the CDSP Transporter Agency in identifying, monitoring and reporting on material risks in connection with specific LDZ Settlement Related Obligations with respect to the matters specified at paragraph 16.1.1(a)(i) to (iii); (f) notify Shipper Users and Transporters of the appointment of the PAFA; and (g) perform the CDSP’s DNOs’ obligations and exercise the CDSP’s DNOs’ rights under the PAFA Contract.