Horizon Power Pilbara Network Sample Clauses

Horizon Power Pilbara Network s obligations under this Contract are valid and binding and are enforceable against Horizon Power Pilbara Network under their terms;

Horizon Power Pilbara Network must not make a demand on the Guarantor under clause 3(b) of this deed unless Horizon Power Pilbara Network has taken steps to recover the payment from the User under the Contract.

Horizon Power Pilbara Network s liability to the User for all Loss and Claims arising out of or in connection with this Contract (howsoever arising, including negligence) for each Contract Year is limited to the Horizon Power Pilbara Network Maximum Liability Amount. A Party’s liability in respect of the following is not limited by clause 22.4(a), and is not counted towards the limit under clause 22.4(a): (1) in respect of the User: (A) payment of the Charges (or any other liability described in clauses 9 or 10) to Horizon Power Pilbara Network in consideration for provision of the Services; (B) fraud or Wilful Misconduct of the User; (C) injury to, or illness or death of, any person; or (D) liability, to the extent that the User recovers insurance proceeds in respect of the liability from any of the insurances required to be maintained under clause 23, or would have recovered insurance proceeds if it had complied with this Contract and taken all reasonable steps to do so; and (2) in respect of Horizon Power Pilbara Network: (A) any liability described in clauses 9 or 10; (B) fraud of Horizon Power Pilbara Network; or (C) injury to, or illness or death of, any person. The Horizon Power Pilbara Network Maximum Liability Amount and User Maximum Liability Amount will be CPI-adjusted on the third anniversary of the Execution Date, and every 3 years thereafter, provided that for the purposes of such adjustment, the following formula will be used: N = C (1+ CPIn − CPIc ) where: CPIn is the CPI applicable at the end of the quarter (quarter n) most recently ended prior to the adjustment date; and CPIc is the value of CPI applicable for the quarter occurring 36 months before the quarter referred to in the definition of CPIn.

Horizon Power Pilbara Network has received the approval of its board to enter into this Contract. Horizon Power Pilbara Network [insert] 5. All Power System models and studies required by the Technical Requirements to be completed in order to enable Horizon Power Pilbara Network to provide the Services, have been completed to Horizon Power Pilbara Network’s satisfaction. User [insert] 6. Both Horizon Power Pilbara Network and the User have executed the Connection Works Agreement on terms and conditions acceptable to both Parties, and the satisfaction or waiver of all conditions precedent to that agreement. [Drafting Note: This CP should be deleted in its entirety in circumstances where the access application made by the User/Applicant does not require complex Connection Works (such that a Connection Works Agreement Is not required).] Horizon Power Pilbara Network and the User [insert] 7. The Connection Works achieve [Practical Completion] under the Connection Works Agreement. [

Horizon Power Pilbara Network must update the information contained in the Connection Point Database as soon as reasonably practicable after the Permanent Reconfiguration of the Network. The Parties must notify each other of any errors discovered in the Connection Point Database as soon as reasonably practicable after becoming aware of the error. Horizon Power Pilbara Network must amend any error in the Connection Point Database as soon as reasonably practicable after becoming aware of the error, provided that if Horizon Power Pilbara Network becomes aware of an error otherwise than by notice from the User under clause 4.7(j), no amendment will be made until Horizon Power Pilbara Network has given notice to the User of the error.

Horizon Power Pilbara Network must update the information contained in the Connection Point Database as soon as reasonably practicable after the Permanent Reconfiguration of the Network. The Parties must notify each other of any errors discovered in the Connection Point Database as soon as reasonably practicable after becoming aware of the error. Horizon Power Pilbara Network must amend any error in the Connection Point Database as soon as reasonably practicable after becoming aware of the error, provided that if Horizon Power Pilbara Network becomes aware of an error otherwise than by notice from the User under clause 4.7(j), no amendment will be made until Horizon Power Pilbara Network has given notice to the User of the error. Where, under this Contract, the Connection Point Database consists of more than one database, and there is an inconsistency or conflict between the information in those databases, then Horizon Power Pilbara Network will, as soon as reasonably practicable after it becomes aware of the inconsistency or conflict: (1) notify the User of the correct information; and (2) resolve the inconsistency or conflict in accordance with the notice referred to in clause 4.7(l)(1). Horizon Power Pilbara Network must notify the User as soon as reasonably practicable upon becoming aware that a Connection Point has reverted to the User as a default supplier retailer (being a retailer of the type contemplated in section 59 of the Act).