Provision of Consumption Data for Permitted Purposes Sample Clauses

Provision of Consumption Data for Permitted Purposes. (1) The Trader must supply (or procure that its Metering Equipment Provider supplies) the requested Consumption Data to the Distributor if: (a) the purposes for which the Distributor will use the Consumption Data are Permitted Purposes; (b) the persons to whom the Consumption Data will be disclosed by the Distributor are persons who are permitted to access the Consumption Data under this Agreement; and (c) the frequency of access requested by the Distributor is no more than once every six months, unless otherwise agreed by the parties in accordance with clause 4. (2) If the Trader is required to supply Consumption Data under this clause, the Trader must supply (or procure that its Metering Equipment Provider supplies) the requested Consumption Data within 10 Working Days of the Distributor’s request, and at six monthly intervals after that if the Distributor’s request is for ongoing access to the Consumption Data. (3) When the Trader supplies Consumption Data in accordance with subclause (2), the Trader must: (a) for all time of use meters to which the Consumption Data relates, supply half hourly data collected from the relevant Metering Equipment or Metering Equipment Provider in accordance with EIEP3; (b) for all other meters to which the Consumption Data relates, supply non-half hourly data at the frequency for which it was collected; and (c) use reasonable endeavours to provide the Consumption Data in a format requested by the Distributor, or if the Trader is not able to provide the Consumption Data in the format requested by the Distributor, provide the Consumption Data in a structured, commonly used, and machine-readable format; and (d) not do anything that could introduce a virus, Trojan horse, malicious code or similar when transmitting the Consumption Data, and must ensure the Consumption Data is transmitted in an encrypted form that is current best practice and commonly supported. (4) Despite subclause (2), the Trader will not be responsible for any delay in providing Consumption Data to the Distributor due to circumstances beyond its control.
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  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

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