Common use of Capital Charges Clause in Contracts

Capital Charges. The Committee may impose on each of the landowners a capital charge for the purposes of constructing, obtaining, installing, replacing or maintaining the works in the year the capital charge is imposed. The Committee shall determine the capital charge in accordance with the criteria (if any) set forth in part 3 of the Fifth Schedule. Annual and Special Charges In each financial year, the Committee must prepare an estimate of the expenses of administering this Agreement and the delivering of water to each landowner and must set an annual charge in respect of each landowner. In setting the annual charge the Committee must include:- any charges by the Corporation in respect to the conveyance loss; the cost and expenses of purchasing any allocation, Water Share or a Limited Term Transfer; the costs and expenses relating to the operation and maintenance of the works, administration expenses (including legal fees), insurance premiums (including Public Liability Insurance) and other necessary and incidental expenses relating to the implementation of this Agreement, including any costs of a Manager and any costs and expenses incurred by the Committee pursuant to the Act after implementation of this Agreement; Note- see section 245 of the Act the costs and expenses of administering this Agreement and the delivery of water to each landowner; and any other costs and expenses that the Committee considers relevant. The annual charge shall be fixed in accordance with the criteria (if any) set forth in part 4 of the Fifth Schedule. A general meeting of the landowners may, at any time, direct the Committee to set a special charge, in accordance with the resolution of the landowners. The Committee must give notice to each landowner of the annual charge or special charge payable by that landowner. Payment and recovery of monies The Committee may require payment of money due under this Agreement at such time and in such manner as the Committee may determine. If the time for payment of any amount is not stipulated by the Committee, then such amount must be paid within 30 days of notice being given. Notwithstanding anything contained in clauses 11.3, 11.4 and 11.5 a landowner must pay the annual charge or any special charge whether or not in any financial year that landowner has used the works to deliver water to his land. Any money due to the Committee under this Agreement bears interest, calculated on a daily basis, from the date that the money becomes due to the date that the money is paid, at the rate fixed by the Committee, not exceeding the rate fixed from time to time under the Act for unpaid fees imposed under tariffs. The landowners authorise the Committee to sue any landowner to recover payment of any monies due under this Agreement in any court of competent jurisdiction. Each landowner hereby charges his land and any Water Share(s) owned by him in favour of the Committee for any monies owed by the landowner to the Committee.

Appears in 1 contract

Samples: Access Agreement

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Capital Charges. The Committee may impose on each of the landowners a capital charge for the purposes of constructing, obtaining, installing, replacing or maintaining the works in the year the capital charge is imposed. The Committee shall determine the capital charge in accordance with the criteria (if any) set forth in part 3 of the Fifth Fourth Schedule. Annual and Special Charges In each financial year, the Committee must prepare an estimate of the expenses of administering this Agreement and the delivering of water to each landowner and must set an annual charge in respect of each landowner. In setting the annual charge the Committee must include:- any charges by the Corporation in respect to the conveyance loss; the cost and expenses of purchasing any allocation, Water Share or a Limited Term Transfer; the costs and expenses relating to the operation and maintenance of the works, administration expenses (including legal fees)expenses, insurance premiums (including Public Liability Insurance) and any other necessary and incidental expenses expense relating to the implementation of this Agreement, Agreement including any the costs of a any Manager and any costs and expenses incurred by the Committee pursuant to the Act after implementation of this Agreement; Note- see section 245 of the Act Act. the costs and expenses of administering this Agreement and the delivery of water to each landowner; and any other costs and expenses that the Committee considers relevant. The annual charge shall be fixed in accordance with the criteria (if any) set forth in part 4 of the Fifth Fourth Schedule. A general meeting of the landowners may, at any time, direct the Committee to set a special charge, in accordance with the resolution of the landowners. The Committee must give notice to each landowner of the annual charge or special charge payable by that landowner. Payment and recovery of monies The Committee may require payment of money due under this Agreement at such time and in such manner as the Committee may determine. If the time for payment of any amount is not stipulated by the Committee, then such amount must be paid within 30 days of notice being given. Notwithstanding anything contained in clauses 11.3, 11.4 and 11.5 a landowner must pay the annual charge or any special charge whether or not in any financial year that landowner has used the works to deliver water to his land. Any money due to the Committee under this Agreement bears interest, calculated on a daily basis, from the date that the money becomes due to the date that the money is paid, at the rate fixed by the Committee, not exceeding the rate fixed from time to time under the Act for unpaid fees imposed under tariffs. The landowners authorise the Committee to sue xxx any landowner to recover payment of any monies due under this Agreement in any court of competent jurisdiction. Each landowner hereby charges his land and any Water Share(s) Shares owned by him in favour of the Committee for any monies owed owned by the landowner to the Committee. Note- Water Share or allocation held in trust would be held in the name of the Association.

Appears in 1 contract

Samples: Community Water Supply Agreement

Capital Charges. The Committee may impose on each of the landowners a capital charge for the purposes of constructing, obtaining, installing, replacing or maintaining the works in the year the capital charge is imposedworks. The Committee shall determine the capital charge in accordance with the criteria (if any) set forth in part 3 of the Fifth Schedule. Annual and Special Charges In each financial year, the Committee must prepare an estimate of the expenses of administering this Agreement and the delivering supplying of water to each landowner and must set an annual charge in respect of each landowner. In setting the annual charge the Committee must include:- any charges by the Corporation in respect to the conveyance loss; the cost and expenses of purchasing any allocation, Water Share or a Limited Term Transfer; the costs and expenses relating to the operation and maintenance of the works, administration expenses (including legal fees), insurance premiums (including Public Liability Insurance) and other necessary and incidental expenses relating to the implementation of this Agreement, including any costs of a Manager and any costs and expenses incurred by the Committee pursuant to the Act after implementation of this Agreement; Note- see section 245 of the Act the costs and expenses of administering this Agreement and the delivery supply of water to each landowner; and any other costs and expenses that the Committee considers relevant. The annual charge shall be fixed in accordance with the criteria (if any) set forth in part 4 of the Fifth Schedule. A general meeting of the landowners may, at any time, direct the Committee to set a special charge, in accordance with the resolution of the landowners. The Committee must give notice to each landowner of the annual charge or special charge payable by that landowner. Payment and recovery of monies The Committee may require payment of money due under this Agreement at such time and in such manner as the Committee may determine. If the time for payment of any amount is not stipulated by the Committee, then such amount must be paid within 30 days of notice being given. Notwithstanding anything contained in clauses 11.3, 11.4 and 11.5 a landowner must pay the annual charge or any special charge whether or not in any financial year that landowner has used the works to deliver water to his landbeen supplied with any water. Any money due to the Committee under this Agreement bears interest, calculated on a daily basis, from the date that the money becomes due to the date that the money is paid, at the rate fixed by the Committee, not exceeding the rate fixed from time to time under the Act for unpaid fees imposed under tariffs. The landowners authorise the Committee to sue xxx any landowner to recover payment of any monies due under this Agreement in any court of competent jurisdiction. Each landowner hereby charges his land and any Water Share(s) owned by him or held in trust by the Committee for him in favour of the Committee for any monies owed by the landowner to the Committee. Note- Water Share or allocation held in trust would be held in the name of the Association.

Appears in 1 contract

Samples: Community Water

Capital Charges. The Committee may impose on each of the landowners a capital charge for the purposes of constructing, obtaining, installing, replacing or maintaining the works in the year the capital charge is imposed. The Committee shall determine the capital charge in accordance with the criteria (if any) set forth in part 3 of the Fifth Schedule. Annual and Special Charges In each financial year, the Committee must prepare an estimate of the expenses of administering this Agreement and the delivering of water to each landowner and must set an annual charge in respect of each landowner. In setting the annual charge the Committee must include:- any charges by the Corporation in respect to the conveyance loss; the cost and expenses of purchasing any allocation, Water Share or a Limited Term Transfer; the costs and expenses relating to the operation and maintenance of the works, administration expenses (including legal fees), insurance premiums (including Public Liability Insurance) and other necessary and incidental expenses relating to the implementation of this Agreement, including any costs of a Manager and any costs and expenses incurred by the Committee pursuant to the Act after implementation of this Agreement; Note- see section 245 of the Act the costs and expenses of administering this Agreement and the delivery of water to each landowner; and any other costs and expenses that the Committee considers relevant. The annual charge shall be fixed in accordance with the criteria (if any) set forth in part 4 of the Fifth Schedule. A general meeting of the landowners may, at any time, direct the Committee to set a special charge, in accordance with the resolution of the landowners. The Committee must give notice to each landowner of the annual charge or special charge payable by that landowner. Payment and recovery of monies The Committee may require payment of money due under this Agreement at such time and in such manner as the Committee may determine. If the time for payment of any amount is not stipulated by the Committee, then such amount must be paid within 30 days of notice being given. Notwithstanding anything contained in clauses 11.3, 11.4 and 11.5 a landowner must pay the annual charge or any special charge whether or not in any financial year that landowner has used the works to deliver water to his land. Any money due to the Committee under this Agreement bears interest, calculated on a daily basis, from the date that the money becomes due to the date that the money is paid, at the rate fixed by the Committee, not exceeding the rate fixed from time to time under the Act for unpaid fees imposed under tariffs. The landowners authorise the Committee to sue xxx any landowner to recover payment of any monies due under this Agreement in any court of competent jurisdiction. Each landowner hereby charges his land and any Water Share(s) owned by him in favour of the Committee for any monies owed by the landowner to the Committee.

Appears in 1 contract

Samples: Access Agreement

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Capital Charges. The Committee may impose on each of the landowners a capital charge for the purposes of constructing, obtaining, installing, replacing or maintaining the works in the year the capital charge is imposed. The Committee shall determine the capital charge in accordance with the criteria (if any) set forth in part 3 of the Fifth Fourth Schedule. Annual and Special Charges In each financial year, the Committee must prepare an estimate of the expenses of administering this Agreement and the delivering of water to each landowner and must set an annual charge in respect of each landowner. In setting the annual charge the Committee must include:- any charges by the Corporation in respect to the conveyance loss; the cost and expenses of purchasing any allocation, Water Share or a Limited Term Transfer; the costs and expenses relating to the operation and maintenance of the works, administration expenses (including legal fees)expenses, insurance premiums (including Public Liability Insurance) and any other necessary and incidental expenses expense relating to the implementation of this Agreement, Agreement including any the costs of a any Manager and any costs and expenses incurred by the Committee pursuant to the Act after implementation of this Agreement; Note- see section 245 of the Act Act. the costs and expenses of administering this Agreement and the delivery of water to each landowner; and any other costs and expenses that the Committee considers relevant. The annual charge shall be fixed in accordance with the criteria (if any) set forth in part 4 of the Fifth Fourth Schedule. A general meeting of the landowners may, at any time, direct the Committee to set a special charge, in accordance with the resolution of the landowners. The Committee must give notice to each landowner of the annual charge or special charge payable by that landowner. Payment and recovery of monies The Committee may require payment of money due under this Agreement at such time and in such manner as the Committee may determine. If the time for payment of any amount is not stipulated by the Committee, then such amount must be paid within 30 days of notice being given. Notwithstanding anything contained in clauses 11.3, 11.4 and 11.5 a landowner must pay the annual charge or any special charge whether or not in any financial year that landowner has used the works to deliver water to his land. Any money due to the Committee under this Agreement bears interest, calculated on a daily basis, from the date that the money becomes due to the date that the money is paid, at the rate fixed by the Committee, not exceeding the rate fixed from time to time under the Act for unpaid fees imposed under tariffs. The landowners authorise the Committee to sue any landowner to recover payment of any monies due under this Agreement in any court of competent jurisdiction. Each landowner hereby charges his land and any Water Share(s) Shares owned by him in favour of the Committee for any monies owed owned by the landowner to the Committee. Note- Water Share or allocation held in trust would be held in the name of the Association.

Appears in 1 contract

Samples: Community Water Supply Agreement

Capital Charges. The Committee may impose on each of the landowners a capital charge for the purposes of constructing, obtaining, installing, replacing or maintaining the works in the year the capital charge is imposed. The Committee shall determine the capital charge in accordance with the criteria (if any) set forth in part 3 of the Fifth Fourth Schedule. Annual and Special Charges In each financial year, the Committee must prepare an estimate of the expenses of administering this Agreement and the delivering of water to each landowner and must set an annual charge in respect of each landowner. In setting the annual charge the Committee must include:- any charges by the Corporation in respect to the conveyance loss; the cost and expenses of purchasing any allocation, Water Share or a Limited Term Transfer; the costs and expenses relating to the operation and maintenance of the works, administration expenses (including legal fees)expenses, insurance premiums (including Public Liability Insurance) and any other necessary and incidental expenses expense relating to the implementation of this Agreement, Agreement including any the costs of a any Manager and any costs and expenses incurred by the Committee pursuant to the Act after implementation of this Agreement; Note- see section 245 of the Act Act. the costs and expenses of administering this Agreement and the delivery of water to each landowner; and any other costs and expenses that the Committee considers relevant. The annual charge shall be fixed in accordance with the criteria (if any) set forth in part 4 of the Fifth Fourth Schedule. A general meeting of the landowners may, at any time, direct the Committee to set a special charge, in accordance with the resolution of the landowners. The Committee must give notice to each landowner of the annual charge or special charge payable by that landowner. Payment and recovery of monies The Committee may require payment of money due under this Agreement at such time and in such manner as the Committee may determine. If the time for payment of any amount is not stipulated by the Committee, then such amount must be paid within 30 days of notice being given. Notwithstanding anything contained in clauses 11.3, 11.4 and 11.5 a landowner must pay the annual charge or any special charge whether or not in any financial year that landowner has used the works to deliver water to his land. Any money due to the Committee under this Agreement bears interest, calculated on a daily basis, from the date that the money becomes due to the date that the money is paid, at the rate fixed by the Committee, not exceeding the rate fixed from time to time under the Act for unpaid fees imposed under tariffs. The landowners authorise the Committee to sue xxx any landowner to recover payment of any monies due under this Agreement in any court of competent jurisdiction. Each landowner hereby charges his land and any Water Share(s) Shares owned by him in favour of the Committee for any monies owed owned by the landowner to the Committee.

Appears in 1 contract

Samples: Community Water Supply Agreement

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