Common use of Distributor’s Indemnity Clause in Contracts

Distributor’s Indemnity. Subject to, and to the extent of, any loss suffered by the Distributor caused by, or contributed to by, the Retailer’s non-compliance with clauses 15.215.2, 15.315.3 or 15.415.4 of this Agreement, the Distributor indemnifies the Retailer from and against any: (a) Claim by a customer against the Retailer relating to the quality of, or interruptions to, the connection and supply of electricity by the Distributor (other than a Claim of the type referred to in clause 14.114.1(b)), where the Distributor would have been liable to that customer under its connection contract had that customer claimed against the Distributor, but only to the extent that the Distributor would have been liable to that customer under its connection contract; (b) Claim against the Retailer for breach of any statutory guarantees, conditions, warranties or rights provided by the Competition and Consumer Xxx 0000 (Cth) or any equivalent consumer protection legislation concerning the connection or supply of electricity by the Distributor where: (i) that breach has occurred as a result of the acts or omissions of the Distributor; and (ii) the Retailer has in its contract with the customer to which the Claim relates sought to limit or exclude its liability to that party for breach of any of the statutory guarantees, conditions, warranties or rights provided by the Competition and Consumer Xxx 0000 (Cth) or any equivalent consumer protection legislation to the maximum extent permitted by law; (c) Claims in connection with the wrongful disconnection of a customer’s connection point by the Distributor, other than Claims in connection with a Service Order Request under clause 1111 that results in a wrongful disconnection of a customer’s connection point by the Distributor; or (d) Claims in connection with any failure by the Distributor to comply with clause 1515.

Distributor’s Indemnity. Subject to, and to the extent of, any loss suffered by the Distributor caused by, or contributed to by, the Retailer’s non-compliance with clauses 15.215.215.2, 15.315.3 15.3 or 15.415.4 15.4 of this Agreement, the Distributor indemnifies the Retailer from and against any: (a) Claim by a customer against the Retailer relating to the quality of, or interruptions to, the connection and supply of electricity by the Distributor (other than a Claim of the type referred to in clause 14.114.1(b14.1(b)), where the Distributor would have been liable to that customer under its connection contract had that customer claimed against the Distributor, but only to the extent that the Distributor would have been liable to that customer under its connection contract; (b) Claim against the Retailer for breach by the Retailer of any statutory guarantees, conditions, warranties or rights provided terms implied by Part V of the Competition and Consumer Trade Practices Xxx 0000 (Cth) or any equivalent consumer protection state legislation concerning the connection or supply of electricity by the Distributor where: (i) that breach has occurred as a result of the acts or omissions of the Distributor; and (ii) the Retailer has in its contract with the customer to which the Claim relates sought to limit limited or exclude excluded its liability to that party for breach of any of the statutory guarantees, conditions, warranties or rights provided terms implied by Part V of the Competition and Consumer Trade Practices Xxx 0000 (Cth) or any equivalent consumer protection legislation into that contract to the maximum extent permitted by lawthat Act, or any equivalent state legislation; (c) Claims in connection with the wrongful disconnection of a customer’s connection point by the Distributor, other than Claims in connection with a Service Order Request under clause 1111 11 that results in a wrongful disconnection of a customer’s connection point by the Distributor; or (d) Claims in connection with any failure by the Distributor to comply with clause 151515.

Distributor’s Indemnity. Subject to, and to the extent of, any loss suffered by the Distributor caused by, or contributed to by, the Retailer’s non-compliance with clauses 15.215.215.2, 15.315.3 15.3 or 15.415.4 15.4 of this Agreement, the Distributor indemnifies the Retailer from and against any: (a) Claim by a customer against the Retailer relating to the quality of, or interruptions to, the connection and supply of electricity by the Distributor (other than a Claim of the type referred to in clause 14.114.1(b14.1(b)), where the Distributor would have been liable to that customer under its connection contract had that customer claimed against the Distributor, but only to the extent that the Distributor would have been liable to that customer under its connection contract; (b) Claim against the Retailer for breach by the Retailer of any statutory guarantees, conditions, warranties or rights provided terms implied by Part V of the Competition and Consumer Trade Practices Xxx 0000 (Cth) or any equivalent consumer protection state legislation concerning the connection or supply of electricity by the Distributor where: (i) that breach has occurred as a result of the acts or omissions of the Distributor; and (ii) the Retailer has in its contract with the customer to which the Claim relates sought to limit limited or exclude excluded its liability to that party for breach of any of the statutory guarantees, conditions, warranties or rights provided terms implied by Part V of the Competition and Consumer Trade Practices Xxx 0000 (Cth) or any equivalent consumer protection legislation into that contract to the maximum extent permitted by law;that Act, or any equivalent state legislation; Electricity Industry Code: Eighth Edition 20 (c) Claims in connection with the wrongful disconnection of a customer’s connection point by the Distributor, other than Claims in connection with a Service Order Request under clause 1111 11 that results in a wrongful disconnection of a customer’s connection point by the Distributor; or (d) Claims in connection with any failure by the Distributor to comply with clause 151515.

Distributor’s Indemnity. Subject to, and to the extent of, any loss suffered by the Distributor caused by, or contributed to by, the Retailer’s non-compliance with clauses 15.215.215.2, 15.315.3 15.3 or 15.415.4 15.4 of this Agreement, the Distributor indemnifies the Retailer from and against any: (a) Claim by a customer against the Retailer relating to the quality of, or interruptions to, the connection and supply of electricity by the Distributor (other than a Claim of the type referred to in clause 14.114.1(b14.1(b)), where the Distributor would have been liable to that customer under its connection contract had that customer claimed against the Distributor, but only to the extent that the Distributor would have been liable to that customer under its connection contract; (b) Claim against the Retailer for breach of any statutory guarantees, conditions, warranties or rights provided by the Competition and Consumer Xxx 0000 (Cth) or any equivalent consumer protection legislation concerning the connection or supply of electricity by the Distributor where: (i) that breach has occurred as a result of the acts or omissions of the Distributor; and (ii) the Retailer has in its contract with the customer to which the Claim relates sought to limit or exclude its liability to that party for breach of any of the statutory guarantees, conditions, warranties or rights provided by the Competition and Consumer Xxx 0000 (Cth) or any equivalent consumer protection legislation to the maximum extent permitted by law; (c) Claims in connection with the wrongful disconnection of a customer’s connection point by the Distributor, other than Claims in connection with a Service Order Request under clause 1111 11 that results in a wrongful disconnection of a customer’s connection point by the Distributor; or (d) Claims in connection with any failure by the Distributor to comply with clause 151515.