Common use of Charges during Western Power’s Force Majeure Event Clause in Contracts

Charges during Western Power’s Force Majeure Event. (a) If a Service (“Affected Service”) is unavailable for any consecutive period of two days or longer (“Affected Service Period”) due to a Force Majeure Event where: (i) Western Power is the Affected Person; (ii) the User is unable to use the Affected Service because of the Force Majeure Event; and (iii) Western Power’s inability to provide the Affected Service has not been caused by the User’s default or negligence, then, for that part of the Affected Service Period in which the User’s Facilities and Equipment in respect of the Affected Service were not or would not have been subject to a scheduled or unscheduled outage by which the User’s Facilities and Equipment were De‐energised, the User is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges” (as defined in clause 7.3(b)) for the Affected Service during that part of the Affected Service Period. (b) Under this clause 7.3, Standing Charges means: (i) those Charges or components of a Charge which apply to a Service regardless of the actual Generation or Consumption by the User in respect of that Service, as recorded by the Metering Equipment; and (ii) is not those components of a Charge which are determined by reference to the actual Generation or Consumption by the User in the respect of that Service, as recorded by the Metering Equipment.

Charges during Western Power’s Force Majeure Event. (a) If a Service (“Affected Service”) is unavailable for any consecutive period of two days or longer (“Affected Service Period”) due to a Force Majeure Event where: (i) Western Power is the Affected Person; (ii) the User is unable to use the Affected Service because of the Force Majeure Event; and (iii) Western Power’s inability to provide the Affected Service has not been caused by the User’s default or negligence, then, for that part of the Affected Service Period in which the User’s Facilities and Equipment in respect of the Affected Service were not or would not have been subject to a scheduled or unscheduled outage by which the User’s Facilities and Equipment were De‐energisedDe-energised, the User is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges” (as defined in clause 7.3(b)) for the Affected Service during that part of the Affected Service Period. (b) Under this clause 7.3, Standing Charges means: (i) those Charges or components of a Charge which apply to a Service regardless of the actual Generation or Consumption by the User in respect of that Service, as recorded by the Metering Equipment; and (ii) is not those components of a Charge which are determined by reference to the actual Generation or Consumption by the User in the respect of that Service, as recorded by the Metering Equipment.

Charges during Western Power’s Force Majeure Event. (a) If a Service (“Affected Service”) is unavailable for any consecutive period of two days or longer (“Affected Service Period”) due to a Force Majeure Event where: (i) Western Power is the Affected Person; (ii) the User is unable to use the Affected Service because of the Force Majeure Event; and (iii) Western Power’s inability to provide the Affected Service has not been caused by the User’s default or negligence, then, for that part of the Affected Service Period in which the User’s Facilities and Equipment in respect of the Affected Service were not or would not have been subject to a scheduled or unscheduled outage by which the User’s Facilities and Equipment were De‐energisedDe-energised, the User is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges” (as defined in clause 7.3(b)) for the Affected Service during that part of the Affected Service Period. (b) Under this clause 7.3, Standing Charges means: (i) those Charges or components of a Charge which apply to a Service regardless of the actual Generation or Consumption by the User in respect of that Service, as recorded by the Metering Equipment; and (ii) is not those components of a Charge which are determined by reference to the actual Generation or Consumption by the User in the respect of that Service, as recorded by the Metering Equipment.