Common use of Pooling Agreement Clause in Contracts

Pooling Agreement. Without prejudice to the respective responsibilities, [BRP] may, in conjunction with one or more other Balance Responsible Parties that have signed a Balance Responsible Party contract with Xxxx, share (or ‘pool’) its Imbalance with the Imbalances of the other Balance Responsible Party(/Parties) mentioned above. Such an agreement is referred to hereinafter as a ‘Pooling Agreement’. The Pooling Agreement must satisfy the criteria laid down in Error! Reference source not found. to the BRP Contract (‘Pooling Agreement’). [BRP] can either: - · enter into one (1) Pooling Agreement designating another Balance Responsible Party as the “Head of the Pool”, to be invoiced for their total Imbalance; or - · enter into a Pooling Agreement in which [BRP] is designated as the Head of the Pool by one or more Balance Responsible Parties and will be invoiced for their total Imbalance. When more than one Pooling Agreement exists in which the total Imbalance is invoiced to [BRP] for each Pooling Agreement, all of these total Imbalances will be further combined and determined on the basis of the synchronised Imbalances for each of the aforementioned Pooling Agreements. The Pooling Agreement must be jointly made known to Xxxx by the Pooling Parties and must be validly signed by each of them. This joint notification will indicate to Xxxx the Head of the Pool whom Xxxx will invoice for the total Imbalance created by the pooling. If the Head of the Pool designated by other Balance Responsible Parties in the Pooling Agreement to pay their total Tariff for Imbalances does not fulfil, for whatever reason, its payment obligations to Xxxx under the Pooling Agreement and the terms of the BRP Contract, Xxxx will suspend the validity of said Pooling Agreement relating to Xxxx for as long as said payment obligations are not fulfilled. Xxxx will then send individual invoices to the respective Balance Responsible Parties as if there were no Pooling Agreement. These invoices will then be retroactive to the due date of the invoice(s) for the total Tariff for Imbalance and late- payment interest will be added in accordance with the provisions of the Act of 2 August 2002. If necessary, the Parties state that any payment by [BRP] to the Head of the Pool under the Pooling Agreement cannot be deemed to discharge [BRP] from its obligations towards Xxxx. The conclusion of this BRP Contract and Elia’s awareness of the Pooling Agreement cannot under any circumstances be deemed to constitute the agreement by Xxxx to a discharge payment to the Head of the Pool. Each Party within a Pooling Agreement continues to be fully obliged to comply with its obligations to Xxxx arising from this BRP Contract. To avoid any ambiguity, the parties to a Pooling Agreement waive the benefit of discussion with regard to Xxxx. The Pooling Agreement does not create specific obligations for Xxxx except for what is specifically stated herein.

Pooling Agreement. Without prejudice to the respective responsibilities, [BRP] may, in conjunction with one or more other Balance Responsible Parties that have signed a Balance Responsible Party contract with Xxxx, share (or ‘'pool’') its Imbalance with the Imbalances of the other Balance Responsible Party(/Parties) mentioned above. Such an agreement is referred to hereinafter as a ‘'Pooling Agreement’'. The Pooling Agreement must satisfy the criteria laid down in Error! Reference source not found. 0 to the BRP Contract (‘'Pooling Agreement’'). [BRP] can either: - · enter into one (1) Pooling Agreement designating another Balance Responsible Party as the “Head of the Pool”, to be invoiced for their total Imbalance; or - · enter into a Pooling Agreement in which [BRP] is designated as the Head of the Pool by one or more Balance Responsible Parties and will be invoiced for their total Imbalance. When more than one Pooling Agreement exists in which the total Imbalance is invoiced to [BRP] for each Pooling Agreement, all of these total Imbalances will be further combined and determined on the basis of the synchronised Imbalances for each of the aforementioned Pooling Agreements. The Pooling Agreement must be jointly made known to Xxxx by the Pooling Parties and must be validly signed by each of them. This joint notification will indicate to Xxxx the Head of the Pool whom Xxxx will invoice for the total Imbalance created by the pooling. If the Head of the Pool designated by other Balance Responsible Parties in the Pooling Agreement to pay their total Tariff for Imbalances does not fulfil, for whatever reason, its payment obligations to Xxxx under the Pooling Agreement and the terms of the BRP Contract, Xxxx will suspend the validity of said Pooling Agreement relating to Xxxx for as long as said payment obligations are not fulfilled. Xxxx will then send individual invoices to the respective Balance Responsible Parties as if there were no Pooling Agreement. These invoices will then be retroactive to the due date of the invoice(s) for the total Tariff for Imbalance Imbalances and late- late-payment interest will be added in accordance with the provisions of the Act of 2 August 2002. If necessary, the Parties state that any payment by [BRP] to the Head of the Pool under the Pooling Agreement cannot be deemed to discharge [BRP] from its obligations towards Xxxx. The conclusion of this BRP Contract and Elia’s Xxxx’x awareness of the Pooling Agreement cannot under any circumstances be deemed to constitute the agreement by Xxxx to a discharge payment to the Head of the Pool. Each Party within a Pooling Agreement continues to be fully obliged to comply with its obligations to Xxxx arising from this BRP Contract. To avoid any ambiguity, the parties to a Pooling Agreement waive the benefit of discussion with regard to Xxxx. The Pooling Agreement does not create specific obligations for Xxxx except for what is specifically stated herein.

Pooling Agreement. Without prejudice to the respective responsibilities, [BRP] ARP may, in conjunction with one or more other Balance Access Responsible Parties that have signed a Balance an Access Responsible Party contract with Xxxx, share (or ‘“pool’”) its Imbalance with the Imbalances of the other Balance Access Responsible Party(/Parties) mentioned above. Such an agreement is referred to hereinafter as a ‘“Pooling Agreement’”. The Pooling Agreement must satisfy comply with the criteria requirements laid down in Error! Reference source not found. Appendix 7 to the BRP Contract (‘“Pooling Agreement’”). [BRP] ARP can either: - ·  enter into one (1) Pooling Agreement designating another Balance Access Responsible Party as the “Head of the Pool”, to be invoiced for their total Imbalance; or - ·  enter into a (a) Pooling Agreement Agreement(s) in which [BRP] ARP is designated as the Head of the Pool by one or more Balance Access Responsible Parties and will be invoiced for their total Imbalance. When more than one Pooling Agreement exists in which the total Imbalance is invoiced to [BRP] ARP for each Pooling Agreement, all of these total Imbalances will be further combined and determined on the basis of the synchronised Imbalances for each of the aforementioned Pooling Agreements. The Pooling Agreement must be notified jointly made known to Xxxx by the Pooling Parties to Xxxx and must be signed validly signed by each of them. This joint notification will indicate to Xxxx the Head of the Pool whom Xxxx will invoice for the total Imbalance created by the pooling. If the Head of the Pool designated by other Balance Access Responsible Parties in the Pooling Agreement to pay their total Tariff for Imbalances Imbalance, does not fulfil, for whatever reason, its payment obligations to Xxxx under the Pooling Agreement and the terms of the BRP Contract, Xxxx will suspend the validity of the said Pooling Agreement relating to Xxxx for as long as the said payment obligations are not fulfilled. Xxxx will then send individual invoices to the respective Balance Access Responsible Parties as if there were no Pooling Agreement. These invoices will then be retroactive to the due date of the invoice(s) for the total Tariff for Imbalance and late- payment interest will be added in accordance with the provisions of the Act of 2 August 2002. If necessaryneed be, the Parties state that any payment by [BRP] ARP to the Head of the Pool under the Pooling Agreement cannot be deemed to discharge [BRP] ARP from its obligations towards Xxxx. The conclusion of this BRP Contract and Elia’s awareness of the Pooling Agreement cannot under any circumstances be deemed to constitute the agreement by Xxxx to a discharge payment to the Head of the Pool. Each Party within a Pooling Agreement continues to be fully obliged to comply with its obligations to Xxxx arising from this BRP Contract. To avoid any ambiguity, the parties to a Pooling Agreement waive the benefit of discussion with regard to Xxxx. The Pooling Agreement does not create specific obligations for Xxxx except for what is specifically stated herein.

Pooling Agreement. Without prejudice to the respective responsibilities, [BRP] may, in conjunction with one or more other Balance Responsible Parties that have signed a Balance Responsible Party contract with Xxxx, share (or ‘pool’) its Imbalance with the Imbalances of the other Balance Responsible Party(/Parties) mentioned above. Such an agreement is referred to hereinafter as a ‘Pooling Agreement’. The Pooling Agreement must satisfy the criteria laid down in Error! Reference source not found. Appendix 3 to the this BRP Contract (‘Pooling Agreement’). [BRP] can either: - · enter into one (1) Pooling Agreement designating another Balance Responsible Party as the “Head of the Pool”, to be invoiced for their total Imbalance; or - · enter into a Pooling Agreement in which [BRP] is designated as the Head of the Pool by one or more Balance Responsible Parties and will be invoiced for their total Imbalance. When more than one Pooling Agreement exists in which the total Imbalance is invoiced to [BRP] for each Pooling Agreement, all of these total Imbalances will be further combined and determined on the basis of the synchronised Imbalances for each of the aforementioned Pooling Agreements. The Pooling Agreement must be jointly made known to Xxxx by the Pooling Parties and must be validly signed by each of them. This joint notification will indicate to Xxxx the Head of the Pool whom Xxxx will invoice for the total Imbalance created by the pooling. If the Head of the Pool designated by other Balance Responsible Parties in the Pooling Agreement to pay their total Tariff for Imbalances does not fulfil, for whatever reason, its payment obligations to Xxxx under the Pooling Agreement and the terms of the this BRP Contract, Xxxx will suspend the validity of said Pooling Agreement relating to Xxxx for as long as said payment obligations are not fulfilled. Xxxx will then send individual invoices to the respective Balance Responsible Parties as if there were no Pooling Agreement. These invoices will then be retroactive to the due date of the invoice(s) for the total Tariff for Imbalance and late- payment interest will be added in accordance with the provisions of the Act of 2 August 2002. If necessary, the Parties state that any payment by [BRP] to the Head of the Pool under the Pooling Agreement cannot be deemed to discharge [BRP] from its obligations towards Xxxx. The conclusion of this BRP Contract and Elia’s Xxxx’x awareness of the Pooling Agreement cannot under any circumstances be deemed to constitute the agreement by Xxxx to a discharge payment to the Head of the Pool. Each Party within a Pooling Agreement continues to be fully obliged to comply with its obligations to Xxxx arising from this BRP Contract. To avoid any ambiguity, the parties to a Pooling Agreement waive the benefit of discussion with regard to Xxxx. The Pooling Agreement does not create specific obligations for Xxxx except for what is specifically stated herein.