Common use of De-energisation Clause in Contracts

De-energisation. 17.3.1 If: (a) the User fails to comply with the terms of any valid notice served on it by NGC in accordance with Sub-Clause 17.1(i) or is in breach of any undertaking given in accordance with Sub-Clause 17.1(ii) and such breach causes or can be reasonably expected to cause a material adverse effect on the business or condition of NGC or other Users or the NGC Transmission System or User Systems; or (b) five Business Days have elapsed since the date of any valid notice served on the User in accordance with Sub-Clause 17.2(ii) and no undertaking is given by the User in accordance with Sub-Clause 17.2(ii); NGC may, provided NGC has first complied with OC5 Monitoring and Testing if appropriate De-Energise the User's Equipment upon the expiry of at least 48 hours prior written notice to the User, provided that at the time of expiry of such notice the breach concerned remains unremedied and that neither Party has referred the matter to the Dispute Resolution Procedure set out in Clause 27 of the Master Agreement. In such event NGC may De-Energise forthwith following completion of the Dispute Resolution Procedure and final determination of the dispute in NGC's favour. 17.3.2 If the User fails to comply with the Grid Code and the Director makes a final order or a confirmed provisional order as set out in Sections 25 and 26 of the Act against the User in respect of such non-compliance which order the User breaches NGC may De-energise the Users Equipment upon the expiry of at least 48 hours prior written notice to the User provided that at the time of expiry of the notice the User continues to fail to comply with the order.

De-energisation. 17.3.1 If:22.3.1 If:- (a) the User fails to give or comply with the terms of any valid notice served on it by NGC in accordance with Sub-Clause 17.1(i22.1(ii) or is in breach of any undertaking given in accordance with Sub-Clause 17.1(ii22.2(ii) and such breach causes or can be reasonably expected to cause a material adverse effect on the business or condition of NGC or other Users or the NGC Transmission System or User Systems; or (b) five Business Days have elapsed since the date of any valid notice served on the User in accordance with Sub-Sub- Clause 17.2(ii22.2(ii) and no undertaking is given by the User in accordance with Sub-Clause 17.2(ii22.2(ii); NGC may, provided NGC has first complied with OC5 Monitoring and Testing if appropriate De-Energise the User's Equipment upon the expiry of at least 48 hours prior written notice to the User, provided that at the time of expiry of such notice the breach concerned remains unremedied and that neither Party has referred the matter to the Dispute Resolution Procedure set out in Clause 27 of the Master Agreement. In such event NGC may De-Energise forthwith following completion of the Dispute Resolution Procedure and final determination of the dispute in NGC's favour. 17.3.2 22.3.2 If the User fails to comply with the Grid Code and the Director makes a final order or a confirmed confirmed, provisional order as set out in Sections 25 and 26 of the Act against the User in respect of such non-compliance which order the that User breaches NGC may De-energise Energise the Users User's Equipment upon the expiry of at least 48 hours prior written notice to the User provided that at the time of expiry of the notice the User continues to fail fails to comply with the order.

De-energisation. 17.3.1 If:13.3.1 If:- (a) the User fails to comply with the terms of any valid notice served on it by NGC in accordance with Sub-Sub Clause 17.1(i13.1(i) or is in breach of any undertaking given in accordance with Sub-Clause 17.1(ii13.1(ii) and such breach causes or can be reasonably expected to cause a material adverse effect on the business or condition of NGC or other Users or the NGC Transmission System or User Systems; or (b) five Business Days have elapsed since the date of any valid notice served on the User in accordance with Sub-Clause 17.2(ii13.2(ii) and no undertaking is given by the User in accordance with Sub-Clause 17.2(ii13.2(ii); NGC may, provided NGC has if appropriate first complied with OC5 Testing and Monitoring and Testing if appropriate request the owner of the Distribution System to which the User is connected to De-Energise the User's Equipment upon the expiry of at least 48 hours prior written notice to the User, provided that at the time of expiry of such notice the breach concerned remains unremedied and that neither Party has referred the matter to the Dispute Resolution Procedure set out in Clause 27 of the Master Agreement. In such event NGC may request the owner of the Distribution System to which the User is connected to De-Energise forthwith following completion of the Dispute Resolution Procedure and final determination of the dispute in NGC's favour. 17.3.2 13.3.2 If the User fails to comply with the Grid Code and the Director makes a final order or a confirmed provisional order as set out in Sections 25 and 26 of the Act against the User in respect of such non-compliance which order the User breaches NGC may request to the owner of the Distribution System to which the User is connected to De-energise Energise the Users User's Equipment upon the expiry of at least 48 hours prior written notice to the User provided that at the time of expiry of the notice the User continues to fail fails to comply with the ordernotice.

De-energisation. 17.3.1 22.3.1 If: (a) the User fails to give or comply with the terms of any valid notice served on it by NGC in accordance with Sub-Clause 17.1(i22.1(ii) or is in breach of any undertaking given in accordance with Sub-Clause 17.1(ii22.1(ii) and such breach causes or can be reasonably expected to cause a material adverse effect on the business or condition of NGC or other Users or the NGC Transmission System or User Systems; or (b) five Business Days have elapsed since the date of any valid notice served on the User in accordance with Sub-Clause 17.2(ii22.2(ii) and no undertaking is given by the User in accordance with Sub-Clause 17.2(ii22.2(ii); NGC may, provided NGC has first complied with OC5 Monitoring and Testing if appropriate De-Energise the User's Equipment upon the expiry of at least 48 hours prior written notice to the User, provided that at the time of expiry of such notice the breach concerned remains unremedied and that neither Party has referred the matter to the Dispute Resolution Procedure set out in Clause 27 of the Master Agreement. In in such event NGC may De-Energise forthwith following completion of the Dispute Resolution Procedure and final determination of the dispute in NGC's favour. 17.3.2 22.3.2 If the User fails to comply with the Grid Code and the Director makes a final order or a confirmed provisional order as set out in Sections 25 and 26 of the Act against the User in respect of such non-compliance which order the that User breaches NGC may De-energise DeEnergise the Users User's Equipment upon the expiry of at least 48 hours prior written notice to the User provided that at the time of expiry of the notice the User continues to fail fails to comply with the order.

De-energisation. 17.3.1 If:13.3.1 If:- (a) the User fails to comply with the terms of any valid notice served on it by NGC in accordance with Sub-Clause 17.1(i13.1(i) or is in breach of any undertaking given in accordance with Sub-Clause 17.1(ii13.1 (ii) and such breach causes or can be reasonably expected to cause a material adverse effect on the business or condition of NGC or other Users or the NGC Transmission System or User Systems; or (b) five Business Days have elapsed since the date of any valid notice served on the User in accordance with Sub-Clause 17.2(ii13.2(ii) and no undertaking is given by the User in accordance with Sub-Clause 17.2(ii13.2(ii); NGC may, provided NGC has first complied with OC5 Testing and Monitoring and Testing if appropriate appropriate, request the owner of the Distribution System to which the User is connected to De-Energise the User's Equipment upon the expiry of at least 48 hours prior written notice to the User, provided that at the time of expiry of such notice the breach concerned remains unremedied and that neither Party has referred the matter to the Dispute Resolution Procedure set out in Clause 27 of the Master Agreement. In such event NGC may request the owner of the Distribution System to which the User is connected to De-Energise forthwith following completion of the Dispute Resolution Procedure and final determination of the dispute in NGC's favour. 17.3.2 13.3.2 If the User fails to comply with the Grid Code and the Director makes a final order or a confirmed provisional order as set out in Sections 25 and 26 of the Act against the User in respect of such non-compliance which order the User breaches NGC may request the owner of the Distribution System to which the User is connected to De-energise Energise the Users User's Equipment upon the expiry of at least 48 hours prior written notice to the User provided that at the time of expiry of the notice the User continues to fail fails to comply with the order.