Common use of Curtailment outside of a Maintenance Plan Clause in Contracts

Curtailment outside of a Maintenance Plan. (a) ADEWAP may Curtail the provision of the Reference Service to carry out Maintenance Operations not set out in a Maintenance Plan, without incurring any liability to User, if and to the extent that: (i) those Maintenance Operations constitute Unscheduled Maintenance; (ii) subject to clause 8.3(b), ADEWAP provides as much Notice to User as is reasonably practicable in the circumstances of: (A) the timing of such Unscheduled Maintenance; and (B) the extent of any Curtailment in the provision of the Reference Service due to such Unscheduled Maintenance; and (iii) at the time of preparation of the most recent Maintenance Plan, ADEWAP had no reasonable basis to expect that Unscheduled Maintenance would need to be carried out during the period to which the Maintenance Plan relates. (b) User acknowledges and agrees that, if the need to undertake Unscheduled Maintenance arises as the result of an Emergency, it may not be reasonably practicable for ADEWAP to provide Notice to User of that Unscheduled Maintenance.

Curtailment outside of a Maintenance Plan. (a) ADEWAP APA DEWAP may Curtail the provision of the Reference Service to carry out Maintenance Operations not set out in a Maintenance Plan, without incurring any liability to User, if and to the extent that: (i) those Maintenance Operations constitute Unscheduled Maintenance; (ii) subject to clause 8.3(b), ADEWAP APA DEWAP provides as much Notice to User as is reasonably practicable in the circumstances of: (A) the timing of such Unscheduled Maintenance; and (B) the extent of any Curtailment in the provision of the Reference Service due to such Unscheduled Maintenance; and (iii) at the time of preparation of the most recent Maintenance Plan, ADEWAP APA DEWAP had no reasonable basis to expect that Unscheduled Maintenance would need to be carried out during the period to which the Maintenance Plan relates. (b) User acknowledges and agrees that, if the need to undertake Unscheduled Maintenance arises as the result of an Emergency, it may not be reasonably practicable for ADEWAP APA DEWAP to provide Notice to User of that Unscheduled Maintenance.