Common use of Decreases in Chargeable Demand Clause in Contracts

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a Demand Customer Delivery Point. (b) Where a Customer has experienced a permanent and material reduction in its requirements for Gas supply, the User may make a written request to the Service Provider requesting a reduction in the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed reduction in Chargeable Demand is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery Point; and (vi) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why that reduction is a permanent one, to the Service Provider’s reasonable satisfaction. (c) The Service Provider will provide its reasons in writing and advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such Reduction Request from the User, such consent not to be unreasonably withheld. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, any other factors the Service Provider considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service Provider’s ability to recover any capital expenditure the Service Provider has incurred in relation to the Delivery Point (including whether the Service Provider incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point to either: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. (g) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, then notwithstanding the Service Provider's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by the Service Provider.

Appears in 5 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a Demand Customer Delivery Point. (b) Where a Customer has experienced a permanent and material reduction in its requirements for Gas supply, the User may make a written request to the Service Provider ActewAGL requesting a reduction in the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed reduction in Chargeable Demand is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider ActewAGL no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider ActewAGL in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider ActewAGL has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery Point; and (vi) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why that reduction is a permanent one, to the Service ProviderActewAGL’s reasonable satisfaction. (c) The Service Provider ActewAGL will provide its reasons in writing and advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such Reduction Request from the User, such consent not to be unreasonably withheld. (d) In considering a Reduction Request, the Service Provider ActewAGL may take into account in addition to the information provided as part of the Reduction Request, any other factors the Service Provider ActewAGL considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderActewAGL’s ability to recover any capital expenditure the Service Provider ActewAGL has incurred in relation to the Delivery Point (including whether the Service Provider ActewAGL incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider ActewAGL consents to a Reduction Request, the Service Provider ActewAGL will reduce the Chargeable Demand for the relevant Delivery Point to either: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. (g) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider ActewAGL increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, then notwithstanding the Service ProviderActewAGL's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by the Service ProviderActewAGL.

Appears in 5 contracts

Samples: Service Agreement, Service Agreement, Reference Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a to Demand Customer Delivery PointPoints. (b) Where a Customer at a Delivery Point has experienced a permanent and material significant reduction in its requirements for Gas supply, the User may make a written request Evoenergy to the Service Provider requesting a reduction in reduce the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed requested Chargeable Demand and any reduction in Chargeable Demand the MDQ and/or MHQ is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider Evoenergy no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery PointDemand; and (viiii) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why to Evoenergy’s reasonable satisfaction that the reduction is a permanent one, significant and that the Chargeable Demand should be reduced to the Service Provider’s reasonable satisfactionrequested level. (c) The Service Provider Evoenergy will provide not unreasonably withhold its reasons in writing consent to a Reduction Request and must advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such the Reduction Request from the User. If Evoenergy does not consent to the Reduction Request, such consent not to be unreasonably withheldEvoenergy must provide written reasons for its decision. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, Request Evoenergy may take into account any other factors the Service Provider Evoenergy considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderEvoenergy’s ability to recover any capital expenditure the Service Provider Evoenergy has incurred in relation to the Delivery Point (including whether the Service Provider Evoenergy incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider Evoenergy consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point will be reduced to eitherthe higher of: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) If Evoenergy agrees to a Reduction Request the MDQ and MHQ will be reset to levels consistent with clause 4.5(c), and the User must bear the cost of any modifications to Measuring Equipment at the Delivery Point to accommodate or reflect the revised MDQ and MHQ. (g) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. That Day will be the Demand Reset Date for that Delivery Point with respect to that Chargeable Demand. (gh) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider If Evoenergy increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, then notwithstanding the Service ProviderEvoenergy's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by Xxxxxxxxx. (i) Evoenergy may agree to a Reduction Request where the Service Providerrequirement of clause 4.7(b)(ii) is not met, if the User can demonstrate that there are exceptional circumstances applicable to the Delivery Point such that the clause should not apply. (j) Evoenergy will, on request of the User, provide written confirmation as to whether Evoenergy consents to a Reduction Request or the deemed rejection of the Reduction Request under paragraph (h).

Appears in 3 contracts

Samples: Reference Service Agreement, Reference Service Agreement, Reference Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a to Demand Customer Delivery PointPoints. (b) Where a Customer at a Delivery Point has experienced a permanent and material significant reduction in its requirements for Gas supply, the User may make a written request JGN to the Service Provider requesting a reduction in reduce the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed requested Chargeable Demand and any reduction in Chargeable Demand the MDQ and/or MHQ is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider JGN no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery PointDemand; and (viiii) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why demonstrating, to JGN’s reasonable satisfaction that the reduction is a permanent one, significant and that the Chargeable Demand should be reduced to the Service Provider’s reasonable satisfactionrequested level. (c) The Service Provider JGN will provide not unreasonably withhold its reasons in writing consent to a Reduction Request and must advise whether or not it will consent to a Reduction Request within one month of the date on which it receives the such Reduction Request from the User. If JGN does not consent to the Reduction Request, such consent not to be unreasonably withheldJGN must provide written reasons for its decision. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, Request JGN may take into account any other factors the Service Provider JGN considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderJGN’s ability to recover any capital expenditure the Service Provider JGN has incurred in relation to the Delivery Point (including whether the Service Provider JGN incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider JGN consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point will be reduced to eitherthe higher of: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) If JGN agrees to a Reduction Request, the MDQ and MHQ will be reset to levels consistent with clause 4.5(c), and the User must bear the cost of any modifications to Measuring Equipment at the Delivery Point to accommodate or reflect the revised MDQ and MHQ. Thisat Day date will be the Demand Reset Date for (g) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. that Delivery Point with respect to that Chargeable Demand. (gh) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider If JGN increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, Request then notwithstanding the Service ProviderJGN's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by JGN. JGN may agree to a Reduction Request where the Service Providerrequirement of clause 4.7(b)(ii) is not met, if the User can demonstrate that there are exceptional circumstances applicable to the Delivery Point such that the clause should not apply. (i) Commented [A8]: Response to retailer feedback, advising they may need written confirmation of consent/rejection.

Appears in 1 contract

Samples: Reference Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a to Demand Customer Delivery PointPoints. (b) Where a Customer at a Delivery Point has experienced a permanent and material significant reduction in its requirements for Gas supply, the User may make a written request JGN to the Service Provider requesting a reduction in reduce the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed requested Chargeable Demand and any reduction in Chargeable Demand the MDQ and/or MHQ is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider JGN no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery PointDemand; and (viiii) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why demonstrating, to JGN’s reasonable satisfaction that the reduction is a permanent one, significant and that the Chargeable Demand should be reduced to the Service Provider’s reasonable satisfactionrequested level. (c) The Service Provider JGN will provide not unreasonably withhold its reasons in writing consent to a Reduction Request and must advise whether or not it will consent to a Reduction Request within one month of the date on which it receives the such Reduction Request from the User. If JGN does not consent to the Reduction Request, such consent not to be unreasonably withheldJGN must provide written reasons for its decision. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, Request JGN may take into account any other factors the Service Provider JGN considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderJGN’s ability to recover any capital expenditure the Service Provider JGN has incurred in relation to the Delivery Point (including whether the Service Provider JGN incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider JGN consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point will be reduced to eitherthe higher of: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) If JGN agrees to a Reduction Request, the MDQ and MHQ will be reset to levels consistent with clause 4.5(c), and the User must bear the cost of any modifications to Measuring Equipment at the Delivery Point to accommodate or reflect the revised MDQ and MHQ. (g) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. That Day will be the Demand Reset Date for that Delivery Point with respect to that Chargeable Demand. (gh) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider If JGN increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, Request then notwithstanding the Service ProviderJGN's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by JGN. (i) JGN may agree to a Reduction Request where the Service Providerrequirement of clause 4.7(b)(ii) is not met, if the User can demonstrate that there are exceptional circumstances applicable to the Delivery Point such that the clause should not apply. (j) JGN will, on request of the User, provide written confirmation as to whether JGN consents to a Reduction Request or the deemed rejection of the Reduction Request under paragraph (h).

Appears in 1 contract

Samples: Reference Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a Demand Customer Delivery Point. (b) Where a Customer has experienced a permanent and material reduction in its requirements for Gas supply, the User may make a written request to the Service Provider ActewAGL requesting a reduction in the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed reduction in Chargeable Demand is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider ActewAGL no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider ActewAGL in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider ActewAGL has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery Point; and (vi) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why that reduction is a permanent one, to the Service ProviderActewAGL’s reasonable satisfaction. (c) The Service Provider ActewAGL will provide its reasons in writing and advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such Reduction Request from the User, such consent not to be unreasonably withheld. (d) In considering a Reduction Request, the Service Provider ActewAGL may take into account in addition to the information provided as part of the Reduction Request, any other factors the Service Provider ActewAGL considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderActewAGL’s ability to recover any capital expenditure the Service Provider ActewAGL has incurred in relation to the Delivery Point (including whether the Service Provider ActewAGL incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point to either: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. (g) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, then notwithstanding the Service Provider's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by the Service Provider.

Appears in 1 contract

Samples: Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 4.5 applies where the Delivery Point is a to Demand Customer Delivery PointPoints. (b) Where a Customer at a Delivery Point has experienced a permanent and material significant reduction in its requirements for Gas supply, the User may make a written request JGN to the Service Provider requesting a reduction in reduce the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed requested Chargeable Demand and any reduction in Chargeable Demand the MDQ and/or MHQ is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider JGN no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery PointDemand; and (viiii) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why demonstrating, to JGN’s reasonable satisfaction that the reduction is a permanent one, significant and that the Chargeable Demand should be reduced to the Service Provider’s reasonable satisfactionrequested level. (c) The Service Provider JGN will provide not unreasonably withhold its reasons in writing consent to a Reduction Request and must advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such the Reduction Request from the User. If JGN does not consent to the Reduction Request, such consent not to be unreasonably withheldJGN must provide written reasons for its decision. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, Request JGN may take into account any other factors the Service Provider JGN considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderJGN’s ability to recover any capital expenditure the Service Provider JGN has incurred in relation to the Delivery Point (including whether the Service Provider JGN incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider JGN consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point will be reduced to eitherthe higher of: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) If JGN agrees to a Reduction Request, the MDQ and MHQ will be reset to levels consistent with clause 4.3(c), and the User must bear the cost of any modifications to Measuring Equipment at the Delivery Point to accommodate or reflect the revised MDQ and MHQ. (g) A reduction in Chargeable Demand pursuant to clause 4.7(e4.5(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. That Day will be the Demand Reset Date for that Delivery Point with respect to that Chargeable Demand. (gh) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider If JGN increases the Chargeable Demand pursuant to clause 4.5 or 4.6 4.4 after the date of receipt of a Reduction Request, Request then notwithstanding the Service ProviderJGN's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by JGN. (i) JGN may agree to a Reduction Request where the Service Providerrequirement of clause 4.5(b)(ii) is not met, if the User can demonstrate that there are exceptional circumstances applicable to the Delivery Point such that the clause should not apply. (j) JGN will, on request of the User, provide written confirmation as to whether JGN consents to a Reduction Request or the deemed rejection of the Reduction Request under paragraph (h).

Appears in 1 contract

Samples: Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 4.5 applies where the Delivery Point is a to Demand Customer Delivery PointPoints. (b) Where a Customer at a Delivery Point has experienced a permanent and material significant reduction in its requirements for Gas supply, the User may make a written request Evoenergy to the Service Provider requesting a reduction in reduce the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed requested Chargeable Demand and any reduction in Chargeable Demand the MDQ and/or MHQ is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider Evoenergy no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery PointDemand; and (viiii) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why to Evoenergy’s reasonable satisfaction that the reduction is a permanent one, significant and that the Chargeable Demand should be reduced to the Service Provider’s reasonable satisfactionrequested level. (c) The Service Provider Evoenergy will provide not unreasonably withhold its reasons in writing consent to a Reduction Request and must advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such the Reduction Request from the User. If Evoenergy does not consent to the Reduction Request, such consent not to be unreasonably withheldEvoenergy must provide written reasons for its decision. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, Request Evoenergy may take into account any other factors the Service Provider Evoenergy considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderEvoenergy’s ability to recover any capital expenditure the Service Provider Evoenergy has incurred in relation to the Delivery Point (including whether the Service Provider Evoenergy incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider Evoenergy consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point will be reduced to eitherthe higher of: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) If Evoenergy agrees to a Reduction Request the MDQ and MHQ will be reset to levels consistent with clause 4.3(c), and the User must bear the cost of any modifications to Measuring Equipment at the Delivery Point to accommodate or reflect the revised MDQ and MHQ. (g) A reduction in Chargeable Demand pursuant to clause 4.7(e4.5(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. That Day will be the Demand Reset Date for that Delivery Point with respect to that Chargeable Demand. (gh) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider If Evoenergy increases the Chargeable Demand pursuant to clause 4.5 or 4.6 4.4 after the date of receipt of a Reduction Request, then notwithstanding the Service ProviderEvoenergy's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by Xxxxxxxxx. (i) Evoenergy may agree to a Reduction Request where the Service Providerrequirement of clause 4.5(b)(ii) is not met, if the User can demonstrate that there are exceptional circumstances applicable to the Delivery Point such that the clause should not apply. (j) Evoenergy will, on request of the User, provide written confirmation as to whether Evoenergy consents to a Reduction Request or the deemed rejection of the Reduction Request under paragraph (h).

Appears in 1 contract

Samples: Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a Demand Customer Delivery Point. (b) Where a Customer has experienced a permanent and material reduction in its requirements for Gas supply, the User may make a written request to the Service Provider requesting a reduction in the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed reduction in Chargeable Demand is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery Point; and (vi) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why that reduction is a permanent one, to the Service Provider’s reasonable satisfaction. (c) The Service Provider will provide its reasons in writing and advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such Reduction Request from the User, such consent not to be unreasonably withheld. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, any other factors the Service Provider considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service Provider’s ability to recover any capital expenditure the Service Provider has incurred in relation to the Delivery Point (including whether the Service Provider incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point to eitherPoint: (i) by the reduced Chargeable Demand amount nominated in the Reduction Request; or; (ii) to the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding following receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities); and (iii) the highest average Quantity of Gas withdrawn from a Delivery Point in a Day (such charge to be calculated using the Quantity of Gas withdrawn from that Delivery Point over any Calendar Month) in the 12 month period immediately following receipt of the Reduction Request (if the Delivery Point is not equipped with Daily Meter Reading Facilities or data from such facilities is not available for the relevant 12 month period), whichever is the greater, but subject to clause 4.5(c). (f) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of which is one year after the complete date the Service Provider received the relevant Reduction Request. The date on which the reduced Chargeable Demand takes effect will be the “Demand Reset Date” for that Delivery Point with respect to the reduced Chargeable Demand. (g) If: (i) the Quantity of Gas calculated in either clause 4.7(e)(ii) or 4.7(e)(iii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, then notwithstanding the Service Provider's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by the Service Provider.

Appears in 1 contract

Samples: Reference Services Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 4.5 applies where the Delivery Point is a to Demand Customer Delivery PointPoints. (b) Where a Customer at a Delivery Point has experienced a permanent and material significant reduction in its requirements for Gas supply, the User may make a written request Evoenergy to the Service Provider requesting a reduction in reduce the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed requested Chargeable Demand and any reduction in Chargeable Demand the MDQ and/or MHQ is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider Evoenergy no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery PointDemand; and (viiii) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why to Evoenergy’s reasonable satisfaction that the reduction is a permanent one, significant and that the Chargeable Demand should be reduced to the Service Provider’s reasonable satisfactionrequested level. (c) The Service Provider Evoenergy will provide not unreasonably withhold its reasons in writing consent to a Reduction Request and must advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such the Reduction Request from the User. If Evoenergy does not consent to the Reduction Request, such consent not to be unreasonably withheldEvoenergy must provide written reasons for its decision. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, Request Evoenergy may take into account any other factors the Service Provider Evoenergy considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderEvoenergy’s ability to recover any capital expenditure the Service Provider Evoenergy has incurred in relation to the Delivery Point (including whether the Service Provider Evoenergy incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider Evoenergy consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point will be reduced to eitherthe higher of: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) If Evoenergy agrees to a Reduction Request the MDQ and MHQ will be reset to levels consistent with clause 4.3(c), and the User must bear the cost of any modifications to Measuring Equipment at the Delivery Point to accommodate or reflect the revised MDQ and MHQ. (g) A reduction in Chargeable Demand pursuant to clause 4.7(e4.5(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. That Day will be the Demand Reset Date for that Delivery Point with respect to that Chargeable Demand. (gh) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider If Evoenergy increases the Chargeable Demand pursuant to clause 4.5 or 4.6 4.4 after the date of receipt of a Reduction Request, then notwithstanding the Service ProviderEvoenergy's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by Evoenergy. (i) Evoenergy may agree to a Reduction Request where the Service Providerrequirement of clause 4.5(b)(ii) is not met, if the User can demonstrate that there are exceptional circumstances applicable to the Delivery Point such that the clause should not apply. (j) Evoenergy will, on request of the User, provide written confirmation as to whether Evoenergy consents to a Reduction Request or the deemed rejection of the Reduction Request under paragraph (h).

Appears in 1 contract

Samples: Service Agreement

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Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a to Demand Customer Delivery PointPoints. (b) Where a Customer at a Delivery Point has experienced a permanent and material significant reduction in its requirements for Gas supply, the User may make a written request Evoenergy to the Service Provider requesting a reduction in reduce the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed requested Chargeable Demand and any reduction in Chargeable Demand the MDQ and/or MHQ is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider Evoenergy no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point;Demand; and‌ (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery Point; and (vi) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why to Evoenergy’s reasonable satisfaction that the reduction is a permanent one, significant and that the Chargeable Demand should be reduced to the Service Provider’s reasonable satisfactionrequested level. (c) The Service Provider Evoenergy will provide not unreasonably withhold its reasons in writing consent to a Reduction Request and must advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such the Reduction Request from the User. If Evoenergy does not consent to the Reduction Request, such consent not to be unreasonably withheldEvoenergy must provide written reasons for its decision. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, Request Evoenergy may take into account any other factors the Service Provider Evoenergy considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderEvoenergy’s ability to recover any capital expenditure the Service Provider Evoenergy has incurred in relation to the Delivery Point (including whether the Service Provider Evoenergy incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider Evoenergy consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point will be reduced to either:the higher of:‌ (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) If Evoenergy agrees to a Reduction Request the MDQ and MHQ will be reset to levels consistent with clause 4.5(c), and the User must bear the cost of any modifications to Measuring Equipment at the Delivery Point to accommodate or reflect the revised MDQ and MHQ.‌ (g) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request.. That Day will be the Demand Reset Date for that Delivery Point with respect to that Chargeable Demand.‌ (gh) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider If Evoenergy increases the Chargeable Demand pursuant to clause 4.5 or 4.6 4.64.6 after the date of receipt of a Reduction Request, then notwithstanding the Service ProviderEvoenergy's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by Evoenergy.‌ (i) Evoenergy may agree to a Reduction Request where the Service Providerrequirement of clause 4.7(b)(ii) is not met, if the User can demonstrate that there are exceptional circumstances applicable to the Delivery Point such that the clause should not apply. (j) Evoenergy will, on request of the User, provide written confirmation as to whether Evoenergy consents to a Reduction Request or the deemed rejection of the Reduction Request under paragraph (h).

Appears in 1 contract

Samples: Reference Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a Demand Customer Delivery Point. (b) Where a Customer has experienced a permanent and material reduction in its requirements for Gas supply, the User may make a written request to the Service Provider ActewAGL requesting a reduction in the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed reduction in Chargeable Demand is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider ActewAGL no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider ActewAGL in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider ActewAGL has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery Point; and (vi) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why that reduction is a permanent one, to the Service ProviderActewAGL’s reasonable satisfaction. (c) The Service Provider ActewAGL will provide its reasons in writing and advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such Reduction Request from the User, such consent not to be unreasonably withheld. (d) In considering a Reduction Request, the Service Provider ActewAGL may take into account in addition to the information provided as part of the Reduction Request, any other factors the Service Provider ActewAGL considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderActewAGL’s ability to recover any capital expenditure the Service Provider ActewAGL has incurred in relation to the Delivery Point (including whether the Service Provider ActewAGL incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point to either: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. (g) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, then notwithstanding the Service Provider's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by the Service Provider.

Appears in 1 contract

Samples: Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a Demand Customer Delivery Point. (b) Where a Customer has experienced a permanent and material reduction in its requirements for Gas supply, the User may make a written request to the Service Provider requesting a reduction in the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed reduction in Chargeable Demand is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery Point; and (vi) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why that reduction is a permanent one, to the Service Provider’s reasonable satisfaction. (c) The Service Provider will provide its reasons in writing and advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such Reduction Request from the User, such consent not to be unreasonably withheld. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, any other factors the Service Provider considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service Provider’s ability to recover any capital expenditure the Service Provider has incurred in relation to the Delivery Point (including whether the Service Provider incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point to eitherPoint: (i) by the reduced Chargeable Demand amount nominated in the Reduction Request; orand (ii) to the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. (g) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, then notwithstanding the Service Provider's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by the Service Provider.

Appears in 1 contract

Samples: Reference Services Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a to Demand Customer Delivery PointPoints. (b) Where a Customer at a Delivery Point has experienced a permanent and material significant reduction in its requirements for Gas supply, the User may make a written request Evoenergy to the Service Provider requesting a reduction in reduce the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed requested Chargeable Demand and any reduction in Chargeable Demand the MDQ and/or MHQ is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider Evoenergy no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery PointDemand; and (viiii) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why to Evoenergy’s reasonable satisfaction that the reduction is a permanent one, significant and that the Chargeable Demand should be reduced to the Service Provider’s reasonable satisfactionrequested level. (c) The Service Provider Evoenergy will provide not unreasonably withhold its reasons in writing consent to a Reduction Request and must advise whether or not it will consent to a Reduction Request within one month of the date on which it receives such the Reduction Request from the User. If Evoenergy does not consent to the Reduction Request, such consent not to be unreasonably withheldEvoenergy must provide written reasons for its decision. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, Request Evoenergy may take into account any other factors the Service Provider Evoenergy considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderEvoenergy’s ability to recover any capital expenditure the Service Provider Evoenergy has incurred in relation to the Delivery Point (including whether the Service Provider Evoenergy incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider Evoenergy consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point will be reduced to eitherthe higher of: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) If Evoenergy agrees to a Reduction Request the MDQ and MHQ will be reset to levels consistent with clause 4.5(c), and the User must bear the cost of any modifications to Measuring Equipment at the Delivery Point to accommodate or reflect the revised MDQ and MHQ. (g) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. That Day will be the Demand Reset Date for that Delivery Point with respect to that Chargeable Demand. (gh) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider If Evoenergy increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, then notwithstanding the Service ProviderEvoenergy's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by Evoenergy. (i) Evoenergy may agree to a Reduction Request where the Service Providerrequirement of clause 4.7(b)(ii) is not met, if the User can demonstrate that there are exceptional circumstances applicable to the Delivery Point such that the clause should not apply. (j) Evoenergy will, on request of the User, provide written confirmation as to whether Evoenergy consents to a Reduction Request or the deemed rejection of the Reduction Request under paragraph (h).

Appears in 1 contract

Samples: Service Agreement

Decreases in Chargeable Demand. (a) This clause 4.7 applies where the Delivery Point is a to Demand Customer Delivery PointPoints. (b) Where a Customer at a Delivery Point has experienced a permanent and material significant reduction in its requirements for Gas supply, the User may make a written request JGN to the Service Provider requesting a reduction in reduce the Chargeable Demand for the relevant Delivery Point from which the Gas for that Customer is withdrawn (Reduction Request), provided that: (i) the proposed requested Chargeable Demand and any reduction in Chargeable Demand the MDQ and/or MHQ is nominated in the Reduction Request; (ii) the Reduction Request is received by the Service Provider JGN no less than 12 months after the Demand Reset Date in respect of the current Chargeable Demand for the relevant Delivery Point; (iii) no other requests to reduce the Chargeable Demand for the relevant Delivery Point have been rejected by the Service Provider in the 6 months immediately preceding the date of the Reduction Request; (iv) the Service Provider has not accepted a request to reduce the Chargeable Demand for the relevant Delivery Point in the 13 month period immediately preceding the date of the Reduction Request; (v) the requested Chargeable Demand is less than 90% of the existing Chargeable Demand for the relevant Delivery PointDemand; and (viiii) the User provides a letter from the User's relevant Customer setting out the reasons for its reduction in Gas requirements and demonstrating why demonstrating, to JGN’s reasonable satisfaction that the reduction is a permanent one, significant and that the Chargeable Demand should be reduced to the Service Provider’s reasonable satisfactionrequested level. (c) The Service Provider JGN will provide not unreasonably withhold its reasons in writing consent to a Reduction Request and must advise whether or not it will consent to a Reduction Request within one month of the date on which it receives the such Reduction Request from the User. If JGN does not consent to the Reduction Request, such consent not to be unreasonably withheldJGN must provide written reasons for its decision. (d) In considering a Reduction Request, the Service Provider may take into account in addition to the information provided as part of the Reduction Request, Request JGN may take into account any other factors the Service Provider JGN considers relevant, including but not limited to: (i) past patterns of actual Gas consumption at the Delivery Point and reasoned forecasts of expected future demand for Gas at the Delivery Point; (ii) any previous requests to reduce the Chargeable Demand or increase or decrease the MHQ or MDQ at the Delivery Point; and (iii) whether, and if so the extent to which, the proposed reduction will compromise the Service ProviderJGN’s ability to recover any capital expenditure the Service Provider JGN has incurred in relation to the Delivery Point (including whether the Service Provider JGN incurred such capital expenditure in reliance on an undertaking to maintain a certain level of MDQ or Chargeable Demand for a minimum period of time). (e) If the Service Provider JGN consents to a Reduction Request, the Service Provider will reduce the Chargeable Demand for the relevant Delivery Point will be reduced to eitherthe higher of: (i) the reduced Chargeable Demand nominated in the Reduction Request; or (ii) the ninth-highest Quantity of Gas withdrawn at that Delivery Point in any one Day in the 12 month period immediately preceding receipt of the Reduction Request (if the Delivery Point is equipped with Daily Meter Reading Facilities), whichever is the greater, but subject to clause 4.5(c). (f) If JGN agrees to a Reduction Request, the MDQ and MHQ will be reset to levels consistent with clause 4.5(c), and the User must bear the cost of any modifications to Measuring Equipment at the Delivery Point to accommodate or reflect the revised MDQ and MHQ. (g) A reduction in Chargeable Demand pursuant to clause 4.7(e) will take effect from the first Day of the Calendar Month immediately following the date of receipt of the complete Reduction Request. This date will be the Demand Reset Date for that Delivery Point with respect to that Chargeable Demand. (gh) If: (i) the Quantity of Gas calculated in clause 4.7(e)(ii) is greater than 90% of the current Chargeable Demand; or (ii) the Service Provider If JGN increases the Chargeable Demand pursuant to clause 4.5 or 4.6 after the date of receipt of a Reduction Request, Request then notwithstanding the Service ProviderJGN's previous consent to the Reduction Request, the relevant Reduction Request will be deemed to have been rejected by the Service ProviderJGN.

Appears in 1 contract

Samples: Service Agreement

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