Common use of Particular exclusions Clause in Contracts

Particular exclusions. disconnection and reduced services (a) (failure to acquire approvals) Powerlink’s delay in acquiring, or failure to acquire, any Works Approval (if it has used reasonable endeavours to obtain those Works Approvals), or Powerlink exercising its right of termination under clause 1.2 (No Works Approvals for Powerlink) of the Works Coordination Agreement; (b) (decommissioning) a party exercising its rights under clause 24.1 (“Removal of infrastructure”) other than in relation to any property damage caused by the exercise of those rights; (c) (service reduction) Powerlink exercising its rights under clause 2.1 (“When reduction allowed”), but this does not exclude liability for failing to comply with clause 2.2 (“Mitigation”); (d) (Powerlink disconnection) Powerlink exercising its rights under clauses 8.1 (“Emergency disconnection”), 8.3 (“Disconnection for technical breach”), 8.4 (“Disconnection for financial breach”) or clause 8.8 (“Other non-compliance”); (e) (Negotiated Assets disconnection) Powerlink exercising its rights under clause [18] ("Disconnection") of the Network Operating Agreement. (f) (automatic disconnection) the Customer failing to comply with clause 9 (“Automatic disconnection”); or (g) (access) Powerlink not having the benefit of the Powerlink Minimum Land Access Requirements.

Particular exclusions. disconnection and reduced services (a) (failure to acquire approvals) Powerlink’s delay in acquiring, or failure to acquire, any Works Approval (if it has used reasonable endeavours to obtain those Works Approvals), or Powerlink exercising its right of termination under clause 1.2 (No Works Approvals for Powerlink) of the Works Coordination Agreement; (b) (decommissioning) a party exercising its rights under clause 24.1 (“Removal of infrastructure”) other than in relation to any property damage caused by the exercise of those rights; (c) (service reduction) Powerlink exercising its rights under clause 2.1 (“When reduction allowed”), but this does not exclude liability for failing to comply with clause 2.2 (“Mitigation”); (d) (Powerlink disconnection) Powerlink exercising its rights under clauses 8.1 (“Emergency disconnection”), 8.3 (“Disconnection for technical breach”), 8.4 (“Disconnection for financial breach”) or clause 8.8 (“Other non-compliance”); (e) (Negotiated Assets disconnection) Powerlink exercising its rights under clause [18] ("Disconnection") of the Network Operating Agreement. (f) (automatic disconnection) the Customer Generator failing to comply with clause 9 (“Automatic disconnection”); or (g) (access) Powerlink not having the benefit of the Powerlink Minimum Land Access Requirements.

Particular exclusions. disconnection and reduced services (a) (failure to acquire approvals) Powerlink’s delay in acquiring, or failure to acquire, any Works Approval (if it has used reasonable endeavours to obtain those Works Approvals), or Powerlink exercising its right of termination under clause 1.2 [1.4] (No Works Approvals for Powerlink) of the Works Coordination Agreement; (b) (decommissioning) a party exercising its rights under clause 24.1 (“Removal of infrastructure”) other than in relation to any property damage caused by the exercise of those rights; (c) (service reduction) Powerlink exercising its rights under clause 2.1 (“When reduction allowed”), but this does not exclude liability for failing to comply with clause 2.2 (“Mitigation”); (d) (Powerlink disconnection) Powerlink exercising its rights under clauses 8.1 (“Emergency disconnection”), 8.3 (“Disconnection for technical breach”), 8.4 (“Disconnection for financial breach”) or clause 8.8 (“Other non-compliance”); (e) (Negotiated Assets disconnection) Powerlink exercising its rights under clause [18] ("Disconnection") of the Network Operating Agreement. (f) (automatic disconnection) the Customer failing to comply with clause 9 (“Automatic disconnection”); or (g) (access) Powerlink not having the benefit of the [Powerlink Minimum Land Access Requirements] or the NAPA Rights.

Particular exclusions. disconnection and reduced services (a) (failure to acquire approvals) Powerlink’s delay in acquiring, or failure to acquire, any Works Approval (if it has used reasonable endeavours to obtain those Works Approvals), or Powerlink exercising its right of termination under clause 1.2 (No Works Approvals for Powerlink) of the Works Coordination Agreement; (b) (decommissioning) a party exercising its rights under clause 24.1 (“Removal of infrastructure”) other than in relation to any property damage caused by the exercise of those rights; (c) (service reduction) Powerlink exercising its rights under clause 2.1 (“When reduction allowed”), but this does not exclude liability for failing to comply with clause 2.2 (“Mitigation”); (d) (Powerlink disconnection) Powerlink exercising its rights under clauses 8.1 (“Emergency disconnection”), 8.3 (“Disconnection for technical breach”), 8.4 (“Disconnection for financial breach”) or clause 8.8 (“Other non-compliance”); (e) (Negotiated Assets disconnection) Powerlink exercising its rights under clause [18] ("Disconnection") of the Network Operating Agreement.; (f) (automatic disconnection) the Customer Generator failing to comply with clause 9 (“Automatic disconnection”); or (g) (access) Powerlink not having the benefit of the NAPA Rights [or the Powerlink Minimum Land Access Requirements].