Common use of Consequences of Ordering and Not Taking Water Clause in Contracts

Consequences of Ordering and Not Taking Water. If, in the reasonable opinion of XxxXxxxx, the breach by the Customer of clause 4(e)(iii), either represents a risk that: (a) SunWater is in breach of its obligations under the Resource Operations Licence; or (b) the rights and interests of other customers within the Regulated Area will be adversely affected, then, SunWater must notify the Customer within 3 months of the end of the Water Year in which the breach occurred, that: (c) the entitlement of the Customer to take under this Agreement the Customer’s Maximum Delivery Volume is reduced, by the volume of water not taken; and (d) the reduction will be made from the Customer’s Maximum Delivery Volume in the current and subsequent Water Years until the volume of water not taken has been entirely deducted. However, nothing in this clause shall limit the rights of SunWater under this Agreement or otherwise against the Customer for any such breach.

Consequences of Ordering and Not Taking Water. If, in the reasonable opinion of XxxXxxxx, the breach by the Customer of clause 4(e)(iii4(g)(iii), either represents a risk that: (a) SunWater is in breach of its obligations under the Resource Operations Licence; or (b) the rights and interests of other customers within the Regulated Area will be adversely affected, then, then SunWater must notify the Customer within 3 months of the end of the Water Year in which the breach occurred, that: (c) the entitlement of the Customer to take under this Agreement the Customer’s Maximum Delivery Volume is reduced, by the volume of water not taken; and (d) the reduction will be made from the Customer’s Maximum Delivery Volume in the current and subsequent Water Years until the volume of water not taken has been entirely deducted. However, nothing in this clause shall limit the rights of The parties acknowledge that action or inaction by SunWater under the provisions of this Agreement or otherwise against the Customer for any such breachclause, does not prevent SunWater from taking action under another clause of this Agreement.

Consequences of Ordering and Not Taking Water. If, in the reasonable opinion of XxxXxxxx, the breach by the Customer of clause 4(e)(iii4(e), either represents a risk that: (a) SunWater is in breach of its obligations under the Resource Operations Licence; or (b) the rights and interests of other customers within the Regulated Area will be adversely affected, then, SunWater must notify the Customer within 3 months of the end of the Water Year in which the breach occurred, that: (c) the entitlement of the Customer to take under this Agreement the Customer’s Maximum Delivery Volume is reduced, by the volume of water not taken; and (d) the reduction will be made from the Customer’s Maximum Delivery Volume in the current and subsequent Water Years until the volume of water not taken has been entirely deducted. However, nothing in this clause shall limit the rights of SunWater under this Agreement or otherwise against the Customer for any such breach.

Consequences of Ordering and Not Taking Water. If, in the reasonable opinion of XxxXxxxxSunWater, the breach by the Customer of clause 4(e)(iii), either represents a risk that: (a) SunWater there is in a breach of its obligations under the Resource Operations LicenceAct; or (b) the rights and interests of other customers taking water from the Distribution Network or within the Regulated Area will be adversely affected, then, SunWater must notify the Customer within 3 months of the end of the Water Year in which the breach occurredYear, that: (c) the entitlement of the Customer to take under this Agreement the Customer’s Maximum Delivery Distribution Volume is reduced, reduced by the volume of water not taken; and (d) the reduction will be made from the Customer’s Maximum Delivery Distribution Volume in the current and subsequent Water Years until the volume of water not taken has been entirely deducted. However, nothing in this clause shall limit the rights of SunWater under this Agreement or otherwise against the Customer for any such breach.