Common use of Controllers Clause in Contracts

Controllers. 6.1 User* must nominate Controller* where Connection Point* exceeds threshold (a) If the User* is not the Controller* of a Connection Point* then the User* must, by notice to Western Power* before the Start Date* of the relevant Services*, or as soon as reasonably practicable thereafter (but in all cases no later than 30 Business Days* after the Start Date* of the relevant Services*), nominate a person as the Controller* for a Connection Point* where: (i) the Generating Plant* with installed capacity exceeding 30 kVA is connected at the Connection Point*; or (ii) the Connection Assets* for the Connection Point* are operated at 66 kV or greater; or (iii) the rating of the largest motor connected at the Connection Point* is greater than 0.4% of the three phase short circuit fault level at the Attachment Point*. (b) The User* may, from time to time, by notice to Western Power*, change the person the User* nominates as the Controller* of a Connection Point*. (c) The Parties* must amend the Connection Point Database* following any variation made under this clause 6.1. (d) Western Power*, acting as a Reasonable and Prudent Person*, may at any time on reasonable technical or commercial grounds object to a person nominated by the User* as a Controller* under clause 6.1, in which case the User* must either: (i) Dispute* Western Power*’s objection; or (ii) nominate a different person as a Controller*. (e) If Western Power* requires, the User* must use reasonable endeavours to procure that the person nominated by the User* as a Controller* enters into a Connection Contract* with Western Power* in respect of the Connection Point*. 6.2 Where the User* is not the Controller* (a) Subject to clause 6.2(f), if the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that the Controller* of that Connection Point* complies, and will continue to comply, with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*, including, but not limited to: (i) clause 11 (Good Electricity Industry Practice*); and (ii) clause 12 (Technical Rules*); and (iii) clause 13 (Technical characteristics of Facilities and Equipment*); and (iv) clause 14 (Cooperation); and (v) clause 15 (Access to premises); and (vi) clause 16 (Directions from System Operator*); and (vii) clause 17 (Removal of equipment); (viii) clause 25 (Curtailment*); and (ix) clause 35 (Notices). (b) If the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that any Contract* entered into between the User* and a Controller* relating to Services* under this Contract* contains a provision that neither the User* nor Western Power* is in any circumstances liable for Indirect Damage* suffered by the Controller*, however arising, excluding any damage caused by, consequent upon or arising out of fraud. (c) On reasonable request from Western Power*, the User* must (unless the Controller* has already entered into a Connection Contract* with Western Power*) provide evidence to Western Power*’s satisfaction as a Reasonable and Prudent Person* that the User* is complying, and will continue to comply, with clause 6.2(a). (d) If the User* does not satisfy Western Power* under clause 6.2(c), Western Power* may refuse to commence the Services* or may Curtail* the provision of Services* in respect of the relevant Connection Point* unless and until: (i) the Controller* has entered into a Connection Contract* with Western Power* in respect of the Connection Point*; or (ii) the User* satisfies Western Power* under clause 6.2(c). (e) For the avoidance of doubt, if the User* is in breach of clause 6.2(a), then the User* is liable for, and must indemnify Western Power* pursuant to clause 19.2 against any Direct Damage* caused by, consequent upon or arising out of the acts and omissions, negligent or otherwise, of the Controller* to the extent that the acts or omissions, negligent or otherwise, of the Controller* are attributable to that breach, unless the Controller* has entered into a Connection Contract* with Western Power*. (f) Subject to clause 6.2(g), the User* is required to commence, maintain or continue legal proceedings to procure compliance of the Controller* with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*. (g) For a Connection Point* other than as referred to in clause 6.1, the User* is not required to comply with clause 6.2(f) unless Western Power* provides an indemnity to the User* for all of the User*'s costs of and incidental to the proceedings. (h) Nothing in clause 6.2(f) or clause 6.2(g): (i) limits the User*'s obligations under the remainder of this clause 6.2; or

Appears in 2 contracts

Samples: Electricity Transfer Access Contract, Electricity Transfer Access Contract

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Controllers. 6.1 User* must nominate Controller* where Connection Point* exceeds threshold (a) If the User* is not the Controller* of a Connection Point* then the User* must, by notice to Western Power* before the Start Date* of the relevant Services*, or as soon as reasonably practicable thereafter (but in all cases no later than 30 Business Days* after the Start Date* of the relevant Services*), nominate a person as the Controller* for a Connection Point* where: (i) the Generating Plant* with installed capacity exceeding 30 kVA is connected at the Connection Point*; or (ii) the Connection Assets* for the Connection Point* are operated at 66 kV or greater; or (iii) the rating of the largest motor connected at the Connection Point* is greater than 0.4% of the three phase short circuit fault level at the Attachment Point*. (b) The User* may, from time to time, by notice to Western Power*, change the person the User* nominates as the Controller* of a Connection Point*.. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32) (c) The Parties* must amend the Connection Point Database* following any variation made under this clause 6.1. (d) Western Power*, acting as a Reasonable and Prudent Person*, may at any time on reasonable technical or commercial grounds object to a person nominated by the User* as a Controller* under clause 6.1, in which case the User* must either: (i) Dispute* Western Power*’s objection; or (ii) nominate a different person as a Controller*. (e) If Western Power* requires, the User* must use reasonable endeavours to procure that the person nominated by the User* as a Controller* enters into a Connection Contract* with Western Power* in respect of the Connection Point*. 6.2 Where the User* is not the Controller* (a) Subject to clause 6.2(f), if the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that the Controller* of that Connection Point* complies, and will continue to comply, with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*, including, but not limited to: (i) clause 11 (Good Electricity Industry Practice*); and (ii) clause 12 (Technical Rules*); and (iii) clause 13 (Technical characteristics of Facilities and Equipment*); and (iv) clause 14 (Cooperation); and (v) clause 15 (Access to premises); and (vi) clause 16 (Directions from System Operator*); and (vii) clause 17 (Removal of equipment); (viii) clause 25 (Curtailment*); and (ix) clause 35 (Notices). (b) If the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that any Contract* entered into between the User* and a Controller* relating to Services* under this Contract* contains a provision that neither the User* nor Western Power* is in any circumstances liable for Indirect Damage* suffered by the Controller*, however arising, excluding any damage caused by, consequent upon or arising out of fraud. (c) On reasonable request from Western Power*, the User* must (unless the Controller* has already entered into a Connection Contract* with Western Power*) provide evidence to Western Power*’s satisfaction as a Reasonable and Prudent Person* that the User* is complying, and will continue to comply, with clause 6.2(a). (d) If the User* does not satisfy Western Power* under clause 6.2(c), Western Power* may refuse to commence the Services* or may Curtail* the provision of Services* in respect of the relevant Connection Point* unless and until: (i) the Controller* has entered into a Connection Contract* with Western Power* in respect of the Connection Point*; or (ii) the User* satisfies Western Power* under clause 6.2(c). (e) For the avoidance of doubt, if the User* is in breach of clause 6.2(a), then the User* is liable for, and must indemnify Western Power* pursuant to clause 19.2 against any Direct Damage* caused by, consequent upon or arising out of the acts and omissions, negligent or otherwise, of the Controller* to the extent that the acts or omissions, negligent or otherwise, of the Controller* are attributable to that breach, unless the Controller* has entered into a Connection Contract* with Western Power*.. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32) (f) Subject to clause 6.2(g), the User* is required to commence, maintain or continue legal proceedings to procure compliance of the Controller* with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*. (g) For a Connection Point* other than as referred to in clause 6.1, the User* is not required to comply with clause 6.2(f) unless Western Power* provides an indemnity to the User* for all of the User*'s costs of and incidental to the proceedings. (h) Nothing in clause 6.2(f) or clause 6.2(g): (i) limits the User*'s obligations under the remainder of this clause 6.2; or

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Controllers. 6.1 User* must nominate Controller* where Connection Point* exceeds threshold (a) If the User* is not the Controller* of a Connection Point* then the User* must, by notice to Western Power* before the Start Date* of the relevant Services*, or as soon as reasonably practicable thereafter (but in all cases no later than 30 Business Days* after the Start Date* of the relevant Services*), nominate a person as the Controller* for a Connection Point* where: (i) the Generating Plant* with installed capacity exceeding 30 kVA is connected at the Connection Point*; or (ii) the Connection Assets* for the Connection Point* are operated at 66 kV or greater; or (iii) the rating of the largest motor connected at the Connection Point* is greater than 0.4% of the three phase short circuit fault level at the Attachment Point*. (b) The User* may, from time to time, by notice to Western Power*, change the person the User* nominates as the Controller* of a Connection Point*. (c) The Parties* must amend the Connection Point Database* following any variation made under this clause 6.1. (d) Western Power*, acting as a Reasonable and Prudent Person*, may at any time on reasonable technical or commercial grounds object to a person nominated by the User* as a Controller* under clause 6.1, in which case the User* must either: (i) Dispute* Western Power*’s objection; or (ii) nominate a different person as a Controller*. (e) If Western Power* requires, the User* must use reasonable endeavours to procure that the person nominated by the User* as a Controller* enters into a Connection Contract* with Western Power* in respect of the Connection Point*. 6.2 Where the User* is not the Controller* (a) Subject to clause 6.2(f), if the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that the Controller* of that Connection Point* complies, and will continue to comply, with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*, including, but not limited to: (i) clause 11 (Good Electricity Industry Practice*); and (ii) clause 12 (Technical Rules*); and (iii) clause 13 (Technical characteristics of Facilities and Equipment*); and (iv) clause 14 (Cooperation); and (v) clause 15 (Access to premises); and (vi) clause 16 (Directions from System Operator*); and (vii) clause 17 (Removal of equipment); (viii) clause 25 (Curtailment*); and (ix) clause 35 (Notices). (b) If the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that any Contract* entered into between the User* and a Controller* relating to Services* under this Contract* contains a provision that neither the User* nor Western Power* is in any circumstances liable for Indirect Damage* suffered by the Controller*, however arising, excluding any damage caused by, consequent upon or arising out of fraud. (c) On reasonable request from Western Power*, the User* must (unless the Controller* has already entered into a Connection Contract* with Western Power*) provide evidence to Western Power*’s satisfaction as a Reasonable and Prudent Person* that the User* is complying, and will continue to comply, with clause 6.2(a). (d) If the User* does not satisfy Western Power* under clause 6.2(c), Western Power* may refuse to commence the Services* or may Curtail* the provision of Services* in respect of the relevant Connection Point* unless and until: (i) the Controller* has entered into a Connection Contract* with Western Power* in respect of the Connection Point*; or (ii) the User* satisfies Western Power* under clause 6.2(c). (e) For the avoidance of doubt, if the User* is in breach of clause 6.2(a), then the User* is liable for, and must indemnify Western Power* pursuant to clause 19.2 against any Direct Damage* caused by, consequent upon or arising out of the acts and omissions, negligent or otherwise, of the Controller* to the extent that the acts or omissions, negligent or otherwise, of the Controller* are attributable to that breach, unless the Controller* has entered into a Connection Contract* with Western Power*. (f) Subject to clause 6.2(g), the User* is required to commence, maintain or continue legal proceedings to procure compliance of the Controller* with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*. (g) For a Connection Point* other than as referred to in clause 6.1, the User* is not required to comply with clause 6.2(f) unless Western Power* provides an indemnity to the User* for all of the User*'s User*ʹs costs of and incidental to the proceedings. (h) Nothing in clause 6.2(f) or clause 6.2(g): (i) limits the User*'s User*ʹs obligations under the remainder of this clause 6.2; or

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Controllers. 6.1 User* must nominate Controller* where Connection Point* exceeds threshold (a) If the User* is not the Controller* of a Connection Point* then the User* must, by notice to Western Power* before the Start Date* of the relevant Services*, or as soon as reasonably practicable thereafter (but in all cases no later than 30 Business Days* after the Start Date* of the relevant Services*), nominate a person as the Controller* for a Connection Point* where: (i) the Generating Plant* with installed capacity exceeding 30 kVA is connected at the Connection Point*; or (ii) the Connection Assets* for the Connection Point* are operated at 66 kV or greater; or (iii) the rating of the largest motor connected at the Connection Point* is greater than 0.4% of the three phase short circuit fault level at the Attachment Point*. (b) The User* may, from time to time, by notice to Western Power*, change the person the User* nominates as the Controller* of a Connection Point*. (c) The Parties* must amend the Connection Point Database* Schedule 3 following any variation made under this clause 6.1. (d) Western Power*, acting as a Reasonable and Prudent Person*, may at any time on reasonable technical or commercial grounds object to a person nominated by the User* as a Controller* under clause 6.1, in which case the User* must either: (i) Dispute* Western Power*’s objection; or (ii) nominate a different person as a Controller*. (e) If Western Power* requires, the User* must use reasonable endeavours to procure that the person nominated by the User* as a Controller* enters into a Connection Contract* with Western Power* in respect of the Connection Point*. 6.2 Where the User* is not the Controller* (a) Subject to clause 6.2(f), if If the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that the Controller* of that Connection Point* complies, and will continue to comply, with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*, including, but not limited to: (i) clause 11 (Good Electricity Industry Practice*); and (ii) clause 12 (Technical Rules*); and (iii) clause 13 (Technical characteristics of Facilities and Equipment*); and (iv) clause 14 (Cooperation); and (v) clause 15 (Access to premises); and (vi) clause 16 (Directions from System Operator*); and (vii) clause 17 (Removal of equipment);; and (viii) clause 25 (Curtailment*); and (ix) clause 35 (Notices). (b) If the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that any Contract* entered into between the User* and a Controller* relating to Services* under this Contract* contains a provision that neither the User* nor Western Power* is in any circumstances liable for Indirect Damage* suffered by the Controller*, however arising, excluding any damage caused by, consequent upon or arising out of fraud. (c) On reasonable request from Western Power*, the User* must (unless the Controller* has already entered into a Connection Contract* with Western Power*) provide evidence to Western Power*’s satisfaction as a Reasonable and Prudent Person* that the User* is complying, and will continue to comply, with clause 6.2(a). (d) If the User* does not satisfy Western Power* under clause 6.2(c), Western Power* may refuse to commence the Services* or may Curtail* the provision of Services* in respect of the relevant Connection Point* unless and until: (i) the Controller* has entered into a Connection Contract* with Western Power* in respect of the Connection Point*; or (ii) the User* satisfies Western Power* under clause 6.2(c). (e) For the avoidance of doubt, if the User* is in breach of clause 6.2(a), then the User* is liable for, and must indemnify Western Power* pursuant to clause 19.2 against any Direct Damage* caused by, consequent upon or arising out of the acts and omissions, negligent or otherwise, of the Controller* to the extent that the acts or omissions, negligent or otherwise, of the Controller* are attributable to that breach, unless the Controller* has entered into a Connection Contract* with Western Power*. (f) Subject to clause 6.2(g), the User* is required to commence, maintain or continue legal proceedings to procure compliance of the Controller* with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*. (g) For a Connection Point* other than as referred to in clause 6.1, the User* is not required to comply with clause 6.2(f) unless 6.3 Western Power* provides an indemnity to the Usermay enter into Access Contracts* for all of the User*'s costs of and incidental to the proceedings. (h) Nothing in clause 6.2(f) or clause 6.2(g): (i) limits the User6.2 is to be taken to prevent Western Power* from entering into an Access Contract* with any person, including a person who is a Controller*'s obligations under the remainder of this clause 6.2; or.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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Controllers. 6.1 User* must nominate Controller* where Connection Point* exceeds threshold (a) If the User* is not the Controller* of a Connection Point* then the User* must, by notice to Western Power* before the Start Date* of the relevant Services*, or as soon as reasonably practicable thereafter (but in all cases no later than 30 Business Days* after the Start Date* of the relevant Services*), nominate a person as the Controller* for a Connection Point* where: (i) the Generating Plant* with installed capacity exceeding 30 kVA is connected at the Connection Point*; or (ii) the Connection Assets* for the Connection Point* are operated at 66 kV or greater; or (iii) the rating of the largest motor connected at the Connection Point* is greater than 0.4% of the three phase short circuit fault level at the Attachment Point*. (b) The User* may, from time to time, by notice to Western Power*, change the person the User* nominates as the Controller* of a Connection Point*. (c) The Parties* must amend the Connection Point Database* following any variation made under this clause 6.1. (d) Western Power*, acting as a Reasonable and Prudent Person*, may at any time on reasonable technical or commercial grounds object to a person nominated by the User* as a Controller* under clause 6.1, in which case the User* must either: (i) Dispute* Western Power*’s objection; or (ii) nominate a different person as a Controller*. (e) If Western Power* requires, the User* must use reasonable endeavours to procure that the person nominated by the User* as a Controller* enters into a Connection Contract* with Western Power* in respect of the Connection Point*.. clause 6.2 Where (f) If the User* is not the Controller* (a) Subject requests Western Power* to clause 6.2(f)do so, if the UserWestern Power* is not the Controller* of a Connection Point*, must use reasonable endeavours and the Controller* of that Connection Point* has not entered act in good faith to enter into a Connection Contract* with Western Powera Controller* (validly nominated by the User* under clause 6.1(a)) in respect of the Connection Point*, then the User* must ensure that the Controller* of that Connection Point* complies, and will continue to comply, with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*, including, but not limited to: (i) clause 11 (Good Electricity Industry Practice*); and (ii) clause 12 (Technical Rules*); and (iii) clause 13 (Technical characteristics of Facilities and Equipment*); and (iv) clause 14 (Cooperation); and (v) clause 15 (Access to premises); and (vi) clause 16 (Directions from System Operator*); and (vii) clause 17 (Removal of equipment); (viii) clause 25 (Curtailment*); and (ix) clause 35 (Notices). (b) If the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that any Contract* entered into between the User* and a Controller* relating to Services* under this Contract* contains a provision that neither the User* nor Western Power* is in any circumstances liable for Indirect Damage* suffered by the Controller*, however arising, excluding any damage caused by, consequent upon or arising out of fraud. (c) On reasonable request from Western Power*, the User* must (unless the Controller* has already entered into a Connection Contract* with Western Power*) provide evidence to Western Power*’s satisfaction as a Reasonable and Prudent Person* that the User* is complying, and will continue to comply, with clause 6.2(a). (d) If the User* does not satisfy Western Power* under clause 6.2(c), Western Power* may refuse to commence the Services* or may Curtail* the provision of Services* in respect of the relevant Connection Point* unless and until: (i) the Controller* has entered into a Connection Contract* with Western Power* in respect of the Connection Point*; or (ii) the User* satisfies Western Power* under clause 6.2(c). (e) For the avoidance of doubt, if the User* is in breach of clause 6.2(a), then the User* is liable for, and must indemnify Western Power* pursuant to clause 19.2 against any Direct Damage* caused by, consequent upon or arising out of the acts and omissions, negligent or otherwise, of the Controller* to the extent that the acts or omissions, negligent or otherwise, of the Controller* are attributable to that breach, unless the Controller* has entered into a Connection Contract* with Western Power*. (f) Subject to clause 6.2(g), the User* is required to commence, maintain or continue legal proceedings to procure compliance of the Controller* with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*. (g) For a Connection Point* other than as referred to in clause 6.1, the User* is not required to comply with clause 6.2(f) unless Western Power* provides an indemnity to the User* for all of the User*'s costs of and incidental to the proceedings. (h) Nothing in clause 6.2(f) or clause 6.2(g): (i) limits the User*'s obligations under the remainder of this clause 6.2; or

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Controllers. 6.1 User* must nominate Controller* where Connection Point* exceeds threshold (a) If the User* is not the Controller* of a Connection Point* then the User* must, by notice to Western Power* before the Start Date* of the relevant Services*, or as soon as reasonably practicable thereafter (but in all cases no later than 30 Business Days* after the Start Date* of the relevant Services*), nominate a person as the Controller* for a Connection Point* where: (i) the Generating Plant* with installed capacity exceeding 30 kVA is connected at the Connection Point*; or (ii) the Connection Assets* for the Connection Point* are operated at 66 kV or greater; or (iii) the rating of the largest motor connected at the Connection Point* is greater than 0.4% of the three phase short circuit fault level at the Attachment Point*. (b) The User* may, from time to time, by notice to Western Power*, change the person the User* nominates as the Controller* of a Connection Point*. (c) The Parties* must amend the Connection Point Database* following any variation made under this clause 6.1. (d) Western Power*, acting as a Reasonable and Prudent Person*, may at any time on reasonable technical or commercial grounds object to a person nominated by the User* as a Controller* under clause 6.1, in which case the User* must either: (i) Dispute* Western Power*’s objection; or (ii) nominate a different person as a Controller*. (e) If Western Power* requires, the User* must use reasonable endeavours to procure that the person nominated by the User* as a Controller* enters into a Connection Contract* with Western Power* in respect of the Connection Point*. 6.2 Where the User* is not the Controller* (a) Subject to clause 6.2(f), if the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that the Controller* of that Connection Point* complies, and will continue to comply, with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*, including, but not limited to: (i) clause 11 (Good Electricity Industry Practice*); and (ii) clause 12 (Technical Rules*); and (iii) clause 13 (Technical characteristics of Facilities and Equipment*); and (iv) clause 14 (Cooperation); and (v) clause 15 (Access to premises); and (vi) clause 16 (Directions from System Operator*); and (vii) clause 17 (Removal of equipment); (viii) clause 25 (Curtailment*); and (ix) clause 35 (Notices). (b) If the User* is not the Controller* of a Connection Point*, and the Controller* of that Connection Point* has not entered into a Connection Contract* with Western Power* in respect of the Connection Point*, then the User* must ensure that any Contract* contract entered into between the User* and a Controller* relating to Services* under this Contract* contains a provision that neither the User* nor Western Power* is in any circumstances liable for Indirect Damage* suffered by the Controller*, however arising, excluding any damage caused by, consequent upon or arising out of fraud. (c) On reasonable request from Western Power*, the User* must (unless the Controller* has already entered into a Connection Contract* with Western Power*) provide evidence to Western Power*’s satisfaction as a Reasonable and Prudent Person* that the User* is complying, and will continue to comply, with clause 6.2(a). (d) If the User* does not satisfy Western Power* under clause 6.2(c), Western Power* may refuse to commence the Services* or may Curtail* the provision of Services* in respect of the relevant Connection Point* unless and until: (i) the Controller* has entered into a Connection Contract* with Western Power* in respect of the Connection Point*; or (ii) the User* satisfies Western Power* under clause 6.2(c). (e) For the avoidance of doubt, if the User* is in breach of clause 6.2(a), then the User* is liable for, and must indemnify Western Power* pursuant to clause 19.2 against any Direct Damage* caused by, consequent upon or arising out of the acts and omissions, negligent or otherwise, of the Controller* to the extent that the acts or omissions, negligent or otherwise, of the Controller* are attributable to that breach, unless the Controller* has entered into a Connection Contract* with Western Power*. (f) Subject to clause 6.2(g), the User* is required to commence, maintain or continue legal proceedings to procure compliance of the Controller* with the obligations set out in this Contract*, to the extent that such compliance is reasonably necessary for the Parties* to satisfy their obligations under this Contract*. (g) For a Connection Point* other than as referred to in clause 6.1, the User* is not required to comply with clause 6.2(f) unless Western Power* provides an indemnity to the User* for all of the User*'s costs of and incidental to the proceedings. (h) Nothing in clause 6.2(f) or clause 6.2(g): (i) limits the User*'s obligations under the remainder of this clause 6.2; or

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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