Common use of DISTRIBUTION SERVICES PRICES AND PROCESS FOR CHANGING PRICES Clause in Contracts

DISTRIBUTION SERVICES PRICES AND PROCESS FOR CHANGING PRICES. 9.1 Tariff Rate changes: Unless otherwise agreed with the Retailer (such agreement not to be unreasonably withheld or delayed), the Distributor may change its Tariff Rates no more than once in any period of 12 consecutive months, unless a Tariff Rate change results from: (a) a change in any “pass-through costs” and/or “recoverable costs” as defined in the Commerce Act (Electricity Distribution Services Input Methodologies) Determination 2010, as amended or substituted from time to time; or (b) a change in the Distributor providing new Distribution Services or materially changing existing Distribution Services, provided that any proposed price change will only apply to ICPs affected by the change in Distribution Services; or (c) a change in the law (including any regulations and the Code); or (d) any recommendation, determination, direction or decision of a regulatory agency. Nothing in this clause 9.1 prevents the Distributor from decreasing a Tariff Rate without the Retailer’s agreement, or from increasing a Tariff Rate if agreed by the Retailer. Schedule 8 to this agreement will be deemed to be amended to reflect changes to the Tariff Rates pursuant to this clause 9.

DISTRIBUTION SERVICES PRICES AND PROCESS FOR CHANGING PRICES. 9.1 Tariff Rate changes: Unless otherwise agreed with the Retailer (such agreement not to be unreasonably withheld or delayed), the Distributor may change its Tariff Rates no more than once in any period of 12 consecutive months, unless a Tariff Rate change results from: (a) a material change in any “pass-through costs” and/or “recoverable costs” as defined in the Commerce Act (Electricity Distribution Services Input Methodologies) Determination 2010, as amended or substituted from time to time; or (b) a change in the Distributor providing new Distribution Services or materially changing existing Distribution Services, provided that any proposed price change will only apply to ICPs affected by the change in Distribution Services; or (c) a change in the law (including any regulations and the Code); or (d) any recommendation, determination, direction or decision of a regulatory agency. Nothing in this clause 9.1 prevents the Distributor from decreasing a Tariff Rate without the Retailer’s agreement, or from increasing a Tariff Rate if agreed by the Retailer. Schedule 8 to this agreement will be deemed to be amended to reflect changes to the Tariff Rates pursuant to this clause 9.