Common use of Safe Access to Measuring Equipment Clause in Contracts

Safe Access to Measuring Equipment. (a) Not used. (b) The User must use reasonable endeavours to cause the Customer at the Delivery Point to ensure that: (i) any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) is safe (including for access to the Measuring Equipment); and (ii) no activities occur involving, or in the vicinity of, the Measuring Equipment that cause such equipment to become non-compliant with applicable Law, standards (including Evoenergy's standards, policies and procedures and Australian standards) and applicable gas-fitting rules. (c) Subject to clause 16.5(d), if any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) becomes unsuitable for the safe and continuous operation (including access to the Measuring Equipment) of the Network, then Evoenergy, acting reasonably, may alter Measuring Equipment, move Measuring Equipment or install additional Measuring Equipment for the purposes of the safe and continuous operation of the Network, at the User’s cost (subject to clause 16.5(f)). An area will be considered unsuitable if it cannot be accessed without risk of personal injury or the state of the area is such that it is reasonably foreseeable that Measuring Equipment will sustain damage. (d) Except where immediate access is required for safety reasons or in an emergency, Evoenergy will consult with the User and provide the User with a reasonable period of time within which to remedy the matters before taking action under clause 16.5(c). (e) If Evoenergy takes action under clause 16.5(c) and recovers its costs from the User, Evoenergy will on request from the User provide information documenting the reasons for the actions taken by Xxxxxxxxx, to assist the User to seek recovery of those costs from the Customer. (f) Evoenergy cannot recover its costs from the User under clause 16.5

Appears in 4 contracts

Samples: Reference Service Agreement, Reference Service Agreement, Reference Service Agreement

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Safe Access to Measuring Equipment. (a) Not used. (b) The User must use reasonable endeavours to cause the Customer at the Delivery Point to ensure that: (i) any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) is safe (including for access to the Measuring Equipment); and (ii) no activities occur involving, or in the vicinity of, the Measuring Equipment that cause such equipment to become non-compliant with applicable Law, standards (including Evoenergy's standards, policies and procedures and Australian standards) and applicable gas-fitting rules. (cb) Subject to clause 16.5(d14.5(c), if any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) becomes unsuitable for the safe and continuous operation (including access to the Measuring Equipment) of the Network, then Evoenergy, acting reasonably, may alter Measuring Equipment, move Measuring Equipment or install additional Measuring Equipment for the purposes of the safe and continuous operation of the Network, at the User’s cost (subject to clause 16.5(fclause14.5(e)). An area will be considered unsuitable if it cannot be accessed without risk of personal injury or the state of the area is such that it is reasonably foreseeable that Measuring Equipment will sustain damage. (dc) Except where immediate access is required for safety reasons or in an emergency, Evoenergy will consult with the User and provide the User with a reasonable period of time within which to remedy the matters before taking action under clause 16.5(c14.5(b). (ed) If Evoenergy takes action under clause 16.5(c14.5(b) and recovers its costs from the User, Evoenergy will on request from the User provide information documenting the reasons for the actions taken by Xxxxxxxxx, to assist the User to seek recovery of those costs from the Customer. (fe) Evoenergy cannot recover its costs from the User under clause 16.514.5(b) where the area surrounding the Measuring Equipment has become unsuitable due to Evoenergy’s wilful or negligent acts or omissions.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Safe Access to Measuring Equipment. (a) Not used. (b) The User must use reasonable endeavours to cause the Customer at the Delivery Point to ensure that: (i) any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) is safe (including for access to the Measuring Equipment); and (ii) no activities occur involving, or in the vicinity of, the Measuring Equipment that cause such equipment to become non-compliant with applicable Law, standards (including Evoenergy's standards, policies and procedures and Australian standards) and applicable gas-fitting rules. (c) Subject to clause 16.5(d), if any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) becomes unsuitable for the safe and continuous operation (including access to the Measuring Equipment) of the Network, then Evoenergy, acting reasonably, may alter Measuring Equipment, move Measuring Equipment or install additional Measuring Equipment for the purposes of the safe and continuous operation of the Network, at the User’s cost (subject to clause 16.5(f)). An area will be considered unsuitable if it cannot be accessed without risk of personal injury or the state of the area is such that it is reasonably foreseeable that Measuring Equipment will sustain damage.damage.‌ (d) Except where immediate access is required for safety reasons or in an emergency, Evoenergy will consult with the User and provide the User with a reasonable period of time within which to remedy the matters before taking action under clause 16.5(c).16.5(c).‌ (e) If Evoenergy takes action under clause 16.5(c) and recovers its costs from the User, Evoenergy will on request from the User provide information documenting the reasons for the actions taken by Xxxxxxxxx, to assist the User to seek recovery of those costs from the Customer. (f) Evoenergy cannot recover its costs from the User under clause 16.5

Appears in 1 contract

Samples: Reference Service Agreement

Safe Access to Measuring Equipment. Commented [A26]: Deleted as duplicates clause 16.6 about access (a) On request by JGN, the The User must provide all reasonable assistance to, and co-operate with, JGN to assist reasonable assistance so that JGN may to obtain clear and safe access to each Delivery Station and to the Measuring Equipment at each Delivery Point. If requested by JGN, such assistance will include providing JGN with Customer details held by the User.Not used. (b) The User must use reasonable endeavours to cause the Customer at the Delivery Point to ensure that: (i) any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) is safe (including for access to the Measuring Equipment); and (ii) no activities occur involving, or in the vicinity of, the Measuring Equipment that cause such equipment to become non-compliant with applicable LawLaws, standards (including EvoenergyJGN's standards, policies and procedures and Australian standards) and applicable gas-fitting rules. (c) Subject to clause 16.5(d), if Iif any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) becomes unsuitable for the safe and continuous operation (including access to the Measuring Equipment) of the Network, then EvoenergyJGN, acting reasonably, may alter Measuring Equipment, move Measuring Equipment or install additional Measuring Equipment for the purposes of the safe and continuous operation of the Network, at the User’s cost (subject to clause 16.5(f)). An area will be considered unsuitable if it cannot be accessed without risk of personal injury or the state of the area is such that it is reasonably foreseeable that Measuring Equipment will sustain damage. (d) Except where immediate access is required for safety reasons or in an emergency, Evoenergy will consult with the User and provide the User with a reasonable period of time within which to remedy the matters before taking action under clause 16.5(c). (e) If Evoenergy takes action under clause 16.5(c) and recovers its costs from the User, Evoenergy will on request from the User provide information documenting the reasons for the actions taken by Xxxxxxxxx, to assist the User to seek recovery of those costs from the Customer. (f) Evoenergy cannot recover its costs from the User under where JGN considers that clause 16.5

Appears in 1 contract

Samples: Reference Service Agreement

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Safe Access to Measuring Equipment. (a) Not used. (b) The User must use reasonable endeavours to cause the Customer at the Delivery Point to ensure that: (i) any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) is safe (including for access to the Measuring Equipment); and (ii) no activities occur involving, or in the vicinity of, the Measuring Equipment that cause such equipment to become non-compliant with applicable LawLaws, standards (including EvoenergyJGN's standards, policies and procedures and Australian standards) and applicable gas-fitting rules. (c) Subject to clause 16.5(d), if any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) becomes unsuitable for the safe and continuous operation (including access to the Measuring Equipment) of the Network, then EvoenergyJGN, acting reasonably, may alter Measuring Equipment, move Measuring Equipment or install additional Measuring Equipment for the purposes of the safe and continuous operation of the Network, at the User’s cost (subject to clause 16.5(f)). An area will be considered unsuitable if it cannot be accessed without risk of personal injury or the state of the area is such that it is reasonably foreseeable that Measuring Equipment will sustain damage. (d) Except where immediate access is required for safety reasons or in an emergency, Evoenergy JGN will consult with the User and provide the User with a reasonable period of time within which to remedy the matters before taking action under clause 16.5(c). (e) If Evoenergy JGN takes action under clause 16.5(c) and recovers its costs from the User, Evoenergy JGN will on request from the User provide information documenting the reasons for the actions action taken by XxxxxxxxxJGN, to assist the User to seek recovery of those costs from the Customer. (f) Evoenergy JGN cannot recover its costs from the User under clause 16.5

Appears in 1 contract

Samples: Reference Service Agreement

Safe Access to Measuring Equipment. (a) Not used. (b) The User must use reasonable endeavours to cause the Customer at the Delivery Point to ensure that: (i) any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) is safe (including for access to the Measuring Equipment); and (ii) no activities occur involving, or in the vicinity of, the Measuring Equipment that cause such equipment to become non-compliant with applicable LawLaws, standards (including EvoenergyJGN's standards, policies and procedures and Australian standards) and applicable gas-fitting rules. (cb) Subject to clause 16.5(d14.5(c), if any area surrounding the Measuring Equipment (including any enclosure or building surrounding the Measuring Equipment) becomes unsuitable for the safe and continuous operation (including access to the Measuring Equipment) of the Network, then EvoenergyJGN, acting reasonably, may alter Measuring Equipment, move Measuring Equipment or install additional Measuring Equipment for the purposes of the safe and continuous operation of the Network, at the User’s cost (subject to clause 16.5(f14.5(e)). An area will be considered unsuitable if it cannot be accessed without risk of personal injury or the state of the area is such that it is reasonably foreseeable that Measuring Equipment will sustain damage. (dc) Except where immediate access is required for safety reasons or in an emergency, Evoenergy JGN will consult with the User and provide the User with a reasonable period of time within which to remedy the matters before taking action under clause 16.5(c14.5(b). (ed) If Evoenergy JGN takes action under clause 16.5(c14.5(b) and recovers its costs from the User, Evoenergy JGN will on request from the User provide information documenting the reasons for the actions action taken by XxxxxxxxxJGN, to assist the User to seek recovery of those costs from the Customer. (fe) Evoenergy JGN cannot recover its costs from the User under clause 16.514.5(b) where the area surrounding the Measuring Equipment has become unsuitable due to JGN’s wilful or negligent acts or omissions.

Appears in 1 contract

Samples: Service Agreement

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