Common use of Drainage Services Clause in Contracts

Drainage Services. (a) If the Customer is the owner or lessee of, or otherwise occupies, land all or part of which is located within the Declared Drainage Area: (i) the Scheme Owner must supply the Drainage Services in respect of the Customer’s Drainage Services Land; and (ii) the Customer must pay the Drainage Charges, in accordance with this Agreement. (b) The Customer accepts that the provision of Drainage Services by the Scheme Owner is subject to: (i) the Water Instruments and the Water Legislation; (ii) the Customer discharging water as set out in the description of the Drainage Services in item 5 of the Channel Scheme Specific Details Table; and (iii) this Agreement. 2 Overall statutory framework for the Services In the performance of this Agreement, the Scheme Owner and the Customer acknowledge that, under the Water Legislation, each party is required to comply with the Water Legislation (including the Water Instruments as applicable). 3 Customer’s obligations 3.1 Taking water (a) may take only the water the Customer is entitled to take under the Customer’s Bulk Water Contract through the Distribution Network and the Customer’s Offtake Works; (b) in taking water, must comply with: (i) the approval or any variation of that approval under clause 11.4, including the configuration, specifications of and maximum diversion rate from the Customer’s Offtake Works; (ii) this Agreement; (iii) each State Direction; and (iv) the Scheme Distribution Rules. (c) must not take more than the Customer’s Maximum Allocation, except as allowed by this Agreement; (d) must not take water until the Customer’s Bulk Water Contract has become unconditional; (e) where a system for the ordering of water is in place under the Scheme Distribution Rules: (i) must take water only to the extent the Customer has complied with the ordering system; (ii) must not take water at a rate or volume greater than the amount ordered; (iii) must take reasonable measures to take all water that has been ordered by the Customer, unless: (A) it is unreasonable for the Customer to take water; or (B) the Customer was unable to take the water due to an Event of Force Majeure; or (C) in the Customer’s reasonable opinion, the water was not of a suitable quality for the Customer’s usual purposes; or (D) as provided for under the Scheme Distribution Rules; (iv) agrees that all water ordered will be accounted for under: (A) the water sharing rules administered under the Resource Operations Licence; and (B) the water sharing rules administered under the Distribution Operations Licence; and (f) where access conditions for restricting the taking of water are in place under the Scheme Distribution Rules, must: (i) take water only to the extent the Customer has complied with the access conditions; (ii) take water only at the rate and times to which the Customer is entitled under the access conditions at the available pressure; and (iii) not take more water than the amount to which the Customer is entitled under the access conditions. 3.2 Customer not to cause breach of Water Legislation or Water Instruments

Drainage Services. (a) If the Customer is the owner or lessee of, or otherwise occupies, land all or part of which is located within the Declared Drainage Area: (i) the Scheme Owner must supply the Drainage Services in respect of the Customer’s Drainage Services Land; and (ii) the Customer must pay the Drainage Charges, in accordance with this Agreement. (b) The Customer accepts that the provision of Drainage Services by the Scheme Owner is subject to: (i) the Water Instruments and the Water Legislation; (ii) the Customer discharging water as set out in the description of the Drainage Services in item 5 of the Channel Scheme Specific Details Table; and (iii) this Agreement. 2 Overall statutory framework for the Services In the performance of this Agreement, the Scheme Owner and the Customer acknowledge that, under the Water Legislation, each party is required to comply with the Water Legislation (including the Water Instruments as applicable). 3 Customer’s obligations. 3.1 Taking water (a) may take only the water the Customer is entitled to take under the Customer’s Bulk Water Contract through the Distribution Network and the Customer’s Offtake Works; (b) in taking water, must comply with: (i) the approval or any variation of that approval under clause 11.4, including the configuration, specifications of and maximum diversion rate from the Customer’s Offtake Works; (ii) this Agreement; (iii) each State Direction; and (iv) the Scheme Distribution Rules. (c) must not take more than the Customer’s Maximum Allocation, except as allowed by this Agreement; (d) must not take water until the Customer’s Bulk Water Contract has become unconditional; (e) where a system for the ordering of water is in place under the Scheme Distribution Rules: (i) must take water only to the extent the Customer has complied with the ordering system; (ii) must not take water at a rate or volume greater than the amount ordered; (iii) must take reasonable measures to take all water that has been ordered by the Customer, unless: (A) it is unreasonable for the Customer to take water; or (B) the Customer was unable to take the water due to an Event of Force Majeure; or (C) in the Customer’s reasonable opinion, the water was not of a suitable quality for the Customer’s usual purposes; or (D) as provided for under the Scheme Distribution Rules; (iv) agrees that all water ordered will be accounted for under: (A) the water sharing rules administered under the Resource Operations Licence; and (B) the water sharing rules administered under the Distribution Operations Licence; and (f) where access conditions for restricting the taking of water are in place under the Scheme Distribution Rules, must: (i) take water only to the extent the Customer has complied with the access conditions; (ii) take water only at the rate and times to which the Customer is entitled under the access conditions at the available pressure; and (iii) not take more water than the amount to which the Customer is entitled under the access conditions. 3.2 Customer not to cause breach of Water Legislation or Water Instruments