Common use of Delivery facilities installation, maintenance and operation Clause in Contracts

Delivery facilities installation, maintenance and operation. (a) Except as provided in this clause 7.7 or as otherwise required by Law, <Service Provider> will not be liable to pay compensation for or in respect of, or make good any damage done to, the land or premises of <User> or <User>'s Gas customer by <Service Provider> or its officers, servants, or agents acting reasonably in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities, whether that damage is of a temporary or permanent character. (b) If, in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities, <Service Provider> causes damage to land or premises of <User> or <User>'s Gas customer by opening or breaking up any sealed or paved surface or damaging or disturbing any lawn, landscaping or other improvement, then <Service Provider> will: (i) fill in any ground to restore it to approximately its previous level, if necessary; and (ii) be liable to reinstate or make good, or pay compensation in respect of, the damage, if and to the extent that <Service Provider> fails to act reasonably in the course of the installation, maintenance or operation, having regard to the safe and efficient operation of the ATCO GDS37 and prudent Pipeline practices generally accepted in the Gas haulage industry. (c) If <User> is required to compensate <User>'s Gas customer for any damage done in circumstances where <Service Provider> would be liable in respect of such damage under clause 7.7(b)(ii), then <Service Provider> will indemnify (i) the value of the compensation <User>'s Gas customer receives from (ii) the value of compensation which would be payable by <Service Provider> to <User> under clause 7.7(b)(ii) if the damage had been suffered wholly by <User> instead of <User>'s Gas customer. (d) Except to the extent that <Service Provider> is liable to <User> or <User>'s Gas customer under clause 7.7(b)(ii), <User> hereby: (i) releases <Service Provider> from any claim <User> has or may have against <Service Provider>; and (ii) indemnifies <Service Provider> against any loss, damage, cost or expense suffered or incurred by <Service Provider> in relation to or connection with any claim brought by <User>'s Gas customer, in respect of any damage done to the land or premises of <User> or <User>'s Gas customer by <Service Provider> or its officers, servants, or agents acting reasonably in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities and having regard to the safe and efficient operation of the ATCO GDS and prudent Pipeline practices generally accepted in the Gas haulage industry, whether that damage is of a temporary or permanent character.

Delivery facilities installation, maintenance and operation. (a) Except as provided in this clause 7.7 or as otherwise required by Law, <Service Provider> will not be liable to pay compensation for or in respect of, or make good any damage done to, the land or premises of <User> or <User>'s Gas customer by <Service Provider> or its officers, servants, or agents acting reasonably in the reasonable course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities, whether that damage is of a temporary or permanent character. (b) If, in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities, <Service Provider> causes damage to land or premises of <User> or <User>'s Gas customer by opening or breaking up any sealed or paved surface or damaging or disturbing any lawn, landscaping or other improvement, then <Service Provider> will:then (i) fill in any ground to restore it to approximately its previous level, if necessary; and (ii) be liable to reinstate or make good, or pay compensation in respect of, the damage, if and to the extent that <Service Provider> fails to act reasonably in the course of the installation, maintenance or operation, having regard to the safe and efficient operation of the ATCO GDS37 AGA GDS39 and prudent Pipeline practices generally accepted in the Gas haulage industry. (c) If <User> is required to compensate <User>'s Gas customer for any damage done in circumstances where <Service Provider> would be liable in respect of such damage under clause 7.7(b)(ii), then <Service Provider> will indemnifyindemnify <User> to the extent of the lesser of: (i) the value of the compensation <User>'s Gas customer receives fromfrom <User>; and (ii) the value of compensation which would be payable by <Service Provider> to <User> under clause 7.7(b)(ii) if the damage had been suffered wholly by <User> instead of <User>'s Gas customer. (d) Except to the extent that <Service Provider> is liable to <User> or <User>'s Gas customer under clause 7.7(b)(ii), <User> hereby: (i) releases <Service Provider> from any claim Claim <User> has or may have against <Service Provider>; andagainst (ii) indemnifies <Service Provider> against any loss, damage, cost or expense suffered or incurred by <Service Provider> in relation to or connection with any claim Claim brought by <User>'s Gas customer, in respect of any damage done to the land or premises of <User> or <User>'s Gas customer by <Service Provider> or its officers, servants, or agents acting reasonably in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities and having regard to the safe and efficient operation of the ATCO AGA GDS and prudent Pipeline practices generally accepted in the Gas haulage industry, whether that damage is of a temporary or permanent character.

Delivery facilities installation, maintenance and operation. (a) Except as provided in this clause 7.7 or as otherwise required by Law, <Service Provider> will not be liable to pay compensation for or in respect of, or make good any damage done to, the land or premises of <User> or <User>'s Gas customer by <Service Provider> or its officers, servants, or agents acting reasonably in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities, whether that damage is of a temporary or permanent character.by (b) If, in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities, <Service Provider> causes damage to land or premises 37 This may be interpreted to mean a network operator who exercises that degree of reasonableness, diligence, prudence and foresight that would reasonably and ordinarily be exercised by a skilled and experienced person doing a similar thing in similar circumstances and conditions in accordance with applicable laws and standards that are at least equivalent to practices and standards generally accepted in the gas industry in Australia (this is the definition of “reasonable and prudent person” in rule 2 of the Retail Market Rules). of <User> or <User>'s Gas customer by opening or breaking up any sealed or paved surface or damaging or disturbing any lawn, landscaping or other improvement, then <Service Provider> will:then (i) fill in any ground to restore it to approximately its previous level, if necessary; and (ii) be liable to reinstate or make good, or pay compensation in respect of, the damage, if and to the extent that <Service Provider> fails to act reasonably in the course of the installation, maintenance or operation, having regard to the safe and efficient operation of the ATCO GDS37 AGA GDS38 and prudent Pipeline practices generally accepted in the Gas haulage industry. (c) If <User> is required to compensate <User>'s Gas customer for any damage done in circumstances where <Service Provider> would be liable in respect of such damage under clause 7.7(b)(ii), then <Service Provider> will indemnifyindemnify <User> to the extent of the lesser of: (i) the value of the compensation <User>'s Gas customer receives fromfrom <User>; and (ii) the value of compensation which would be payable by <Service Provider> to <User> under clause 7.7(b)(ii) if the damage had been suffered wholly by <User> instead of <User>'s Gas customer. (d) Except to the extent that <Service Provider> is liable to <User> or <User>'s Gas customer under clause 7.7(b)(ii), <User> hereby: (i) releases <Service Provider> from any claim Claim <User> has or may have against <Service Provider>; andagainst (ii) indemnifies <Service Provider> against any loss, damage, cost or expense suffered or incurred by <Service Provider> in relation to or connection with any claim Claim brought by <User>'s Gas customer, in respect of any damage done to the land or premises of <User> or <User>'s Gas customer by <Service Provider> or its officers, servants, or agents acting reasonably in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities and having regard to the safe and efficient operation of the ATCO AGA GDS and prudent Pipeline practices generally accepted in the Gas haulage industry, whether that damage is of a temporary or permanent character.

Delivery facilities installation, maintenance and operation. (a) Except as provided in this clause 7.7 or as otherwise required by Law, <Service Provider> will not be liable to pay compensation for or in respect of, or make good any damage done to, the land or premises of <User> or <User>'s Gas customer by <Service Provider> or its officers, servants, or agents acting reasonably in the reasonable course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities, whether that damage is of a temporary or permanent character. (b) If, in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities, <Service Provider> causes damage to land or premises of <User> or <User>'s Gas customer by opening or breaking up any sealed or paved surface or damaging or disturbing any lawn, landscaping or other improvement, then <Service Provider> will: (i) fill in any ground to restore it to approximately its previous level, if necessary; and (ii) be liable to reinstate or make good, or pay compensation in respect of, the damage, if and to the extent that <Service Provider> fails to act reasonably in the course of the installation, maintenance or operation, having regard to the safe and efficient operation of the ATCO GDS37 AGA GDS39 and prudent Pipeline practices generally accepted in the Gas haulage industry. (c) If <User> is required to compensate <User>'s Gas customer for any damage done in circumstances where <Service Provider> would be liable in respect of such damage under clause 7.7(b)(ii), then <Service Provider> will indemnifyindemnify 39 Based on the network safety obligations set out in the Gas Standards Regulations and the Gas Distribution System Safety Case that is in place under Schedule 2 of those Regulations. (i) the value of the compensation <User>'s Gas customer receives from (ii) the value of compensation which would be payable by <Service Provider> to <User> under clause 7.7(b)(ii) if the damage had been suffered wholly by <User> instead of <User>'s Gas customer. (d) Except to the extent that <Service Provider> is liable to <User> or <User>'s Gas customer under clause 7.7(b)(ii), <User> hereby: (i) releases <Service Provider> from any claim Claim <User> has or may have against <Service Provider>; and (ii) indemnifies <Service Provider> against any loss, damage, cost or expense suffered or incurred by <Service Provider> in relation to or connection with any claim Claim brought by <User>'s Gas customer, in respect of any damage done to the land or premises of <User> or <User>'s Gas customer by <Service Provider> or its officers, servants, or agents acting reasonably in the course of installing, maintaining or operating User Specific Delivery Facilities or Standard Delivery Facilities and having regard to the safe and efficient operation of the ATCO AGA GDS and prudent Pipeline practices generally accepted in the Gas haulage industry, whether that damage is of a temporary or permanent character.