Failure arising under the Offer Letter. If at any time the Company reasonably determines that: 6.4.1 any Assumption has not been, or is unlikely to be, met (for whatever reason); 6.4.2 any Consent required is not obtainable; 6.4.3 changes in the Connection Charge have arisen from a failure to achieve Consents by the Scheduled Consents Issue Date; or 6.4.4 a change has otherwise arisen under the Offer Letter; then without prejudice to the rights under Clause 5.4 of the Connection Agreement:- 6.4.5 the Parties shall meet within ten (10) Business Days to discuss alternative options available and the costs and expenses thereof; and 6.4.6 save where the provisions of Clause 5.4 of the Connection Agreement apply, the Company shall (having given consideration to the discussions referred to in Clause 6.4.5) prepare and submit to the Customer a revised Offer Letter containing an alternative proposal which is not, in the opinion of the Company (acting reasonably), likely to have adverse long term technical implications, whereby the Company will incur difficulties in operating the Transmission System and in performing its function in relation thereto, such revised Offer Letter to include the Company's assessment of revised: 6.4.6.1 Charges; 6.4.6.2 Security; 6.4.6.3 Connection Works Completion Period; and 6.4.6.4 Commissioning Tests Completion Period; which would apply to the alternative proposal. 6.4.7 Except as provided for under Clause 6.4.8, if the Customer notifies the Company within ten (10) Business Days of receiving the Company's proposal that it is agreeable to the proposal, then the Offer Letter shall be deemed to be replaced with the revised Offer Letter, the details in Schedule 2 shall (to the extent necessary) be deemed to be amended in accordance with that revised Offer Letter and the provisions of this Clause 6 shall apply mutatis mutandis to such alternative proposal. If the Customer notifies the Company within ten (10) Business Days of receiving the Company's proposal, that it is dissatisfied with the proposal then the Parties shall meet and endeavour to resolve the matter within a further ten (10) Business Days of the Customer notification of dissatisfaction so that a further Offer Letter may be revised and issued. Where the Company and the Customer fail to agree a proposal within the said period, the Company acting reasonably, shall issue a revised Offer Letter, being in its opinion the best available alternative proposal for the Customer, taking due account of the circumstances encountered. The Customer shall have a further ten (10) Business Days from receipt of the proposal to accept this final proposal. This time period may be extended by mutual agreement of the Company and the Customer. Where the Customer does not notify the Company in writing that it is satisfied to accept the final proposal without qualification within the allotted period, the Offer Letter shall be deemed to have lapsed, and the Company reserves the right to drawdown the MEC Bond and/or MIC Bond as applicable and to terminate the Connection Agreement. In the event of a dispute as to whether the Company has acted reasonably in preparing alternative proposals the matter shall be determined by the Independent Engineer in accordance with the Dispute Resolution Procedure of the General Conditions. 6.4.8 Where the failure of an Operational Consent has occurred, if the Customer notifies the Company within ten (10) Business Days of receiving the Company's proposal that it is agreeable to the proposal, then the Offer Letter shall be deemed to be replaced with the revised Offer Letter, the details in Schedule 2 shall (to the extent necessary) be deemed to be amended in accordance with that revised Offer Letter and the provisions of this Clause 6 shall apply mutatis mutandis to such alternative proposal. If the Customer notifies the Company within ten
Appears in 3 contracts
Samples: Transmission Connection Agreement, Transmission Connection Agreement, Transmission Connection Agreement
Failure arising under the Offer Letter. If at any time the Company reasonably determines that:
6.4.1 any Assumption has not been, or is unlikely to be, met (for whatever reason);
6.4.2 any Consent required is not obtainable;
6.4.3 changes in the Connection Charge have arisen from a failure to achieve Consents by the Scheduled Consents Issue Issues Date; or
6.4.4 a change has otherwise arisen under the Offer Letter; then without prejudice to the rights under Clause 5.4 of the Connection Agreement:-
6.4.5 the Parties shall meet within ten (10) Business Days to discuss alternative options available and the costs and expenses thereof; and
6.4.6 save where the provisions of Clause 5.4 of the Connection Agreement apply, the Company shall (having given consideration to the discussions referred to in Clause 6.4.5) prepare and submit to the Customer a revised Offer Letter containing an alternative proposal which is not, in the opinion of the Company (acting reasonably), likely to have adverse long term technical implications, whereby the Company will incur difficulties in operating the ESB Transmission System and in performing its function in relation thereto, such revised Offer Letter to include the Company's assessment of revised:
6.4.6.1 Charges;
6.4.6.2 Security;
6.4.6.3 Connection Works Completion Period; and
6.4.6.4 Commissioning Tests Completion Period; which would apply to the alternative proposal.
6.4.7 Except as provided for under Clause 6.4.8, if the Customer notifies the Company within ten (10) Business Days days of receiving the Company's proposal that it is agreeable to the proposal, then the Offer Letter shall be deemed to be replaced with the revised Offer Letter, the details in Schedule 2 shall (to the extent necessary) be deemed to be amended in accordance with that revised Offer Letter and the provisions of this Clause 6 shall apply mutatis mutandis to such alternative proposal. If the Customer notifies the Company within ten (10) Business Days days of receiving the Company's proposal, that it is dissatisfied with the proposal then the Parties shall meet and endeavour to resolve the matter within a further ten (10) Business Days days of the Customer notification of dissatisfaction so that a further Offer Letter may be revised and issued. Where the Company and the Customer fail to agree a proposal within the said period, the Company acting reasonably, shall issue a revised Offer Letter, being in its opinion the best available alternative proposal for the Customer, taking due account of the circumstances encountered. The Customer shall have a further ten (10) Business Days days from receipt of the proposal to accept this final proposal. This time period may be extended by mutual agreement of the Company and the Customer. Where the Customer does not notify the Company in writing that it is satisfied to accept the final proposal without qualification within the allotted period, then the Offer Letter Company shall be deemed to have lapsed, and the Company reserves the right entitled to drawdown under the MEC Capacity Bond and/or and/ or MIC Capacity Bond as applicable and to terminate the Connection AgreementAgreement shall terminate. In the event of a dispute as to whether the Company has acted reasonably in preparing alternative proposals the matter shall be determined by the Independent Engineer in accordance with the Dispute Resolution Procedure of the General Conditions.
6.4.8 Where the failure of an Operational Consent has occurred, if the Customer notifies the Company within ten (10) Business Days days of receiving the Company's proposal that it is agreeable to the proposal, then the Offer Letter shall be deemed to be replaced with the revised Offer Letter, the details in Schedule 2 shall (to the extent necessary) be deemed to be amended in accordance with that revised Offer Letter and the provisions of this Clause 6 shall apply mutatis mutandis to such alternative proposal. If the Customer notifies the Company within tenten (10) days of receiving the Company's proposal, that it is dissatisfied with the proposal then the Parties shall meet and endeavour to resolve the matter within a further ten (10) days of the Customer notification of dissatisfaction so that a further Offer Letter may be revised and issued. Where the Company and the Customer fail to agree a proposal within the said period, the Company acting reasonably, shall issue a revised Offer Letter, being in its opinion the best available alternative proposal for the Customer, taking due account of the circumstances encountered. The Customer shall have a further ten (10) days from receipt of the proposal to accept this final proposal without qualification. Where the Customer does not notify the Company in writing that it is satisfied to accept the final proposal within the allotted period, then the Company shall be entitled to drawdown under the MEC Capacity Bond and/or MIC Capacity Bond as applicable and the Connection Agreement shall terminate. In the event of a dispute as to whether the Company has acted reasonably in preparing alternative proposals, the matter shall be determined by the Independent Engineer in accordance with the Dispute Resolution Procedure of the General Conditions.
Appears in 2 contracts
Samples: Transmission Connection Agreement, Transmission Connection Agreement
Failure arising under the Offer Letter. If at any time the Company reasonably determines that:
6.4.1 any Assumption has not been, or is unlikely to be, met (for whatever reason);
6.4.2 any Consent required is not obtainable;
6.4.3 changes in the Connection Charge have arisen from a failure to achieve Consents by the Scheduled Consents Issue Date; or
6.4.4 a change has otherwise arisen under the Offer Letter; then without prejudice to the rights under Clause 5.4 of the Connection Agreement:-
6.4.5 the Parties shall meet within ten (10) Business Days to discuss alternative options available and the costs and expenses thereof; and
6.4.6 save where the provisions of Clause 5.4 of the Connection Agreement apply, the Company shall (having given consideration to the discussions referred to in Clause 6.4.5) prepare and submit to the Customer a revised Offer Letter containing an alternative proposal which is not, in the opinion of the Company (acting reasonably), likely to have adverse long term technical implications, whereby the Company will incur difficulties in operating the Transmission System and in performing its function in relation thereto, such revised Offer Letter to include the Company's assessment of revised:
6.4.6.1 Charges;
6.4.6.2 Security;
6.4.6.3 Connection Works Completion Period; and
6.4.6.4 Commissioning Tests Completion Period; which would apply to the alternative proposal.
6.4.7 Except as provided for under Clause 6.4.8, if the Customer notifies the Company within ten (10) Business Days days of receiving the Company's proposal that it is agreeable to the proposal, then the Offer Letter shall be deemed to be replaced with the revised Offer Letter, the details in Schedule 2 shall (to the extent necessary) be deemed to be amended in accordance with that revised Offer Letter and the provisions of this Clause 6 shall apply mutatis mutandis to such alternative proposal. If the Customer notifies the Company within ten (10) Business Days days of receiving the Company's proposal, that it is dissatisfied with the proposal then the Parties shall meet and endeavour to resolve the matter within a further ten (10) Business Days days of the Customer notification of dissatisfaction so that a further Offer Letter may be revised and issued. Where the Company and the Customer fail to agree a proposal within the said period, the Company acting reasonably, shall issue a revised Offer Letter, being in its opinion the best available alternative proposal for the Customer, taking due account of the circumstances encountered. The Customer shall have a further ten (10) Business Days days from receipt of the proposal to accept this final proposal. This time period may be extended by mutual agreement of the Company and the Customer. Where the Customer does not notify the Company in writing that it is satisfied to accept the final proposal without qualification within the allotted period, the Offer Letter it shall be Deleted: then the Company shall be entitled to drawdown under the MEC Capacity Bond and/ or MIC Capacity Bond as applicable and the Connection Agreement shall terminate. deemed to have lapsed, and the Company reserves the right to drawdown the MEC Bond and/or MIC Bond as applicable and to terminate the Connection Agreement. In the event of a dispute as to whether the Company has acted reasonably in preparing alternative proposals the matter shall be determined by the Independent Engineer in accordance with the Dispute Resolution Procedure of the General Conditions.
6.4.8 Where the failure of an Operational Consent has occurred, if the Customer notifies the Company within ten (10) Business Days days of receiving the Company's proposal that it is agreeable to the proposal, then the Offer Letter shall be deemed to be replaced with the revised Offer Letter, the details in Schedule 2 shall (to the extent necessary) be deemed to be amended in accordance with that revised Offer Letter and the provisions of this Clause 6 shall apply mutatis mutandis to such alternative proposal. If the Customer notifies the Company within ten (10) days of receiving the Company's proposal, that it is dissatisfied with the proposal then the Parties shall meet and endeavour to resolve the matter within a further ten (10) days of the Customer notification of dissatisfaction so that a further Offer Letter may be revised and issued. Where the Company and the Customer fail to agree a proposal within the said period, the Company acting reasonably, shall issue a revised Offer Letter, being in its opinion the best available alternative proposal for the Customer, taking due account of the circumstances encountered. The Customer shall have a further ten
Appears in 1 contract
Samples: Transmission Connection Agreement
Failure arising under the Offer Letter. If at any time the Company reasonably determines that:
6.4.1 any Assumption has not been, or is unlikely to be, met (for whatever reason);
6.4.2 any Consent required is not obtainable;
6.4.3 changes in the Connection Charge have arisen from a failure to achieve Consents by the Scheduled Consents Issue Date; or
6.4.4 a change has otherwise arisen under the Offer Letter; then without prejudice to the rights under Clause 5.4 of the Connection Agreement:-
6.4.5 the Parties shall meet within ten (10) Business Days to discuss alternative options available and the costs and expenses thereof; and
6.4.6 save where the provisions of Clause 5.4 of the Connection Agreement apply, the Company shall (having given consideration to the discussions referred to in Clause 6.4.5) prepare and submit to the Customer a revised Offer Letter containing an alternative proposal which is not, in the opinion of the Company (acting reasonably), likely to have adverse long term technical implications, whereby the Company will incur difficulties in operating the Transmission System and in performing its function in relation thereto, such revised Offer Letter to include the Company's assessment of revised:
6.4.6.1 Charges;
6.4.6.2 Security;
6.4.6.3 Connection Works Completion Period; and
6.4.6.4 Commissioning Tests Completion Period; which would apply to the alternative proposal.
6.4.7 Except as provided for under Clause 6.4.8, if the Customer notifies the Company within ten (10) Business Days of receiving the Company's proposal that it is agreeable to the proposal, then the Offer Letter shall be deemed to be replaced with the revised Offer Letter, the details in Schedule 2 shall (to the extent necessary) be deemed to be amended in accordance with that revised Offer Letter and the provisions of this Clause 6 shall apply mutatis mutandis to such alternative proposal. If the Customer notifies the Company within ten (10) Business Days of receiving the Company's proposal, that it is dissatisfied with the proposal then the Parties shall meet and endeavour to resolve the matter within a further ten (10) Business Days of the Customer notification of dissatisfaction so that a further Offer Letter may be revised and issued. Where the Company and the Customer fail to agree a proposal within the said period, the Company acting reasonably, shall issue a revised Offer Letter, being in its opinion the best available alternative proposal for the Customer, taking due account of the circumstances encountered. The Customer shall have a further ten (10) Business Days from receipt of the proposal to accept this final proposal. This time period may be extended by mutual agreement of the Company and the Customer. Where the Customer does not notify the Company in writing that it is satisfied to accept the final proposal without qualification within the allotted period, the Offer Letter shall be deemed to have lapsed, and the Company reserves the right to drawdown the MEC Bond and/or MIC Bond as applicable and to terminate the Connection Agreement. In the event of a dispute as to whether the Company has acted reasonably in preparing alternative proposals the matter shall be determined by the Independent Engineer in accordance with the Dispute Resolution Procedure of the General Conditions.
6.4.8 Where the failure of an Operational Consent has occurred, if the Customer notifies the Company within ten (10) Business Days of receiving the Company's proposal that it is agreeable to the proposal, then the Offer Letter shall be deemed to be replaced with the revised Offer Letter, the details in Schedule 2 shall (to the extent necessary) be deemed to be amended in accordance with that revised Offer Letter and the provisions of this Clause 6 shall apply mutatis mutandis to such alternative proposal. If the Customer notifies the Company within ten
Appears in 1 contract
Samples: Transmission Connection Agreement
