Compliance with Legislation. 23.1 The Provider hereby warrants to the Company that, as at the Commencement Date, the provision by it of the Flexibility Services will not cause the Provider: 23.1.1 to be in breach of the Electrical Safety, Quality and Continuity Regulations 2002 (as amended from time to time) or of any regulations made under Section 29 of the Electricity Xxx 0000 relating to safety or standards applicable in respect of the business of; 23.1.2 to be in breach of any provision of the Grid Code (where applicable) or the Distribution Code of its host Public Distribution System Operator or make its compliance with any provision of either the Grid Code or the Distribution Code impossible; 23.1.3 to be in breach of or to otherwise be non-compliant with any Connection Agreement and/or any agreement for the supply of electricity or acceptance of electricity from a Distribution System; 23.1.4 to be in breach of any provision of its licence granted pursuant to Section 6 of the Electricity Xxx 0000 (if any); 23.1.5 to be in breach of any restrictions and conditions attaching to relevant authorisations of the Environment Agency; or 23.1. 6 to be in breach of section 105 of the Utilities Xxx 0000. 23.2 If, at any time during the Term, the provisions of Flexibility Services would cause the Provider to be in breach or non-compliance as described in Clause 23 (whether by reason of any change or modification to the agreements, codes and legal requirements referred to therein since the Commencement Date or otherwise), the Provider agrees that it will not accept a Utilisation Instruction and/or Dynamic Utilisation Request issued by the Company hereunder and, where it declines to accept a Utilisation Instruction and/or Dynamic Utilisation Request on such grounds, the Provider will: 23.2.1 notify the Company within twenty five (25) minutes of receipt of the Utilisation Instruction and/or Dynamic Utilisation Request; and 23.2.2 provide (to its reasonable satisfaction) a written statement and all such supporting evidence as shall be necessary to demonstrate how compliance would cause such breach or non-compliance.
Appears in 2 contracts
Samples: Framework Contract for the Provision of Flexibility Services, Framework Contract for the Provision of Flexibility Services
Compliance with Legislation. 23.1 The Provider hereby warrants to the Company that, as at the Commencement Date, the provision by it of the Flexibility Services will not cause the Provider:
23.1.1 to be in breach of the Electrical Safety, Quality and Continuity Regulations 2002 (as amended from time to time) or of any regulations made under Section 29 of the Electricity Xxx 0000 relating to safety or standards applicable in respect of the business of;
23.1.2 to be in breach of any provision of the Grid Code (where applicable) or the Distribution Code of its host Public Distribution System Operator or make its compliance with any provision of either the Grid Code or the Distribution Code impossible;
23.1.3 to be in breach of or to otherwise be non-compliant with any Connection Agreement and/or any agreement for the supply of electricity or acceptance of electricity from a Distribution System;
23.1.4 to be in breach of any provision of its licence granted pursuant to Section 6 of the Electricity Xxx 0000 (if any);
23.1.5 to be in breach of any restrictions and conditions attaching to relevant authorisations of the Environment Agency; or
23.1. 6 to be in breach of section 105 of the Utilities Xxx 0000.
23.2 If, at any time during the Term, the provisions of Flexibility Services would cause the Provider to be in breach or non-compliance as described in Clause 23 (whether by reason of any change or modification to the agreements, codes and legal requirements referred to therein since the Commencement Date or otherwise), the Provider agrees that it will not accept a Utilisation Instruction and/or Dynamic Optional Utilisation Request issued by the Company hereunder and, where it declines to accept a Utilisation Instruction and/or Dynamic Optional Utilisation Request on such grounds, the Provider will:
23.2.1 notify the Company within twenty five (25) minutes of receipt of the Utilisation Instruction and/or Dynamic Optional Utilisation Request; and
23.2.2 provide (to its reasonable satisfaction) a written statement and all such supporting evidence as shall be necessary to demonstrate how compliance would cause such breach or non-compliance.
Appears in 2 contracts
Samples: Framework Contract for the Provision of Flexibility Services, Framework Contract for the Provision of Flexibility Services
Compliance with Legislation. 23.1 3.17.1 The Provider hereby warrants Tenant shall:
(a) comply with all Legislation applicable to:
(i) the Premises and/or their occupation and use and/or the employment of people in them;
(ii) the Tenant’s use of other parts of the Building; and
(iii) any works carried out at the Premises; and this obligation shall include without limitation an obligation to comply with the requirements of the Travel Plan so far as they relate to the Company thatPremises and including without limitation the obligation to provide and implement the Tenant’s own travel plan for the Premises.
(b) promptly give to the Landlord:
(i) Notice of any damage to or defect in the Premises which might give rise to any obligation, as duty of care or liability on the Landlord pursuant to any Legislation or otherwise; and
(ii) a copy of any notice, communication, order or direction (or a proposal for any of the same) given pursuant to Legislation and received by the Tenant which is capable of adversely affecting the Landlord’s Interest and at the Commencement DateLandlord’s request and cost, the provision Tenant shall make or join with the Landlord in making such objection or representation against it as the Landlord shall (acting reasonably) deem expedient.
3.17.2 The Tenant shall not:
(a) apply for nor implement any planning permission or other planning consent unless the Landlord’s Consent to such application, permission or consent has been given (which consent shall not be unreasonably withheld or delayed where such application, permission or consent relates to works permitted by it the Landlord under Clause 3.9 (Alterations)); nor
(b) enter into any planning obligation under section 106 of the Flexibility Services will not cause the Provider:
23.1.1 to be in breach Town and Country Xxxxxxxx Xxx 0000 or any planning contribution under section 46 of the Electrical Safety, Quality Planning and Continuity Regulations 2002 (as amended from time to time) or of any regulations made under Section 29 of the Electricity Compulsory Xxxxxxxx Xxx 0000 relating to safety or standards applicable 0000.
3.17.3 Where a planning permission in respect of the business of;Premises or the use of the Premises imposes conditions the Landlord may before giving consent to its implementation require the Tenant:
23.1.2 (a) to be in breach provide reasonable security for compliance with the conditions; and
(b) to undertake that if it implements the planning permission it will carry out before the End of the Term all works which the planning conditions require.
3.17.4 The Tenant shall not cause or permit any Contamination of the Premises or the Building or any Neighbouring Property and shall promptly give to the Landlord Notice of any provision of the Grid Code (where applicable) or the Distribution Code of its host Public Distribution System Operator or make its compliance with any provision of either the Grid Code or the Distribution Code impossible;
23.1.3 to be in breach of or to otherwise be non-compliant with any Connection Agreement and/or any agreement for the supply of electricity or acceptance of electricity from a Distribution System;
23.1.4 to be in breach of any provision of its licence granted pursuant to Section 6 of the Electricity Xxx 0000 (if any);
23.1.5 to be in breach of any restrictions and conditions attaching to relevant authorisations of the Environment Agency; or
23.1. 6 to be in breach of section 105 of the Utilities Xxx 0000.
23.2 If, at any time during the Term, the provisions of Flexibility Services would cause the Provider to be in breach or material non-compliance as described with Environmental Law in Clause 23 (whether by reason relation to the Premises and/or the Permitted Use.
3.17.5 The Tenant shall comply with the requirements and recommendations of the fire authority and the insurers of the Building in relation to fire precautions affecting the Premises and the reasonable recommendations of the Landlord in respect of the same.
3.17.6 The Tenant shall not obstruct the access to or means of working of any change fire fighting and extinguishing equipment or modification the means of emergency or fire escape from the Premises.
3.17.7 The Tenant shall comply with its obligations under the CDM Regulations, including all requirements in relation to the agreements, codes provision and legal requirements referred maintenance of a health and safety file.
3.17.8 The Tenant shall supply all information to therein since the Commencement Date or otherwise), Landlord that the Provider agrees that it will not accept a Utilisation Instruction and/or Dynamic Utilisation Request issued by Landlord reasonably requires from time to time to comply with the Company hereunder and, where it declines to accept a Utilisation Instruction and/or Dynamic Utilisation Request on such grounds, Landlord’s obligations under the Provider will:
23.2.1 notify the Company within twenty five (25) minutes of receipt of the Utilisation Instruction and/or Dynamic Utilisation Request; and
23.2.2 provide (to its reasonable satisfaction) a written statement and all such supporting evidence as shall be necessary to demonstrate how compliance would cause such breach or non-complianceCDM Regulations.
Appears in 1 contract
Samples: Lease (Viropharma Inc)