Common use of Security for Charges* Clause in Contracts

Security for Charges*. (a) Subject to clause 9(b), if Western Power* determines at any time during the Term* that either or both of the User*'s or the Indemnifier*'s technical or financial resources are such that a Reasonable and Prudent Person* would consider there to be a material risk that the User* will be unable to meet its obligations under this Contract*, then Western Power* may require the User* to nominate which of the User* or the Indemnifier (“Nominated Person*”) is to provide the following security, and then require the Nominated Person*, at the User*'s election to: (i) pay a cash deposit equal to the Charges* for two months’ services; or (ii) provide an irrevocable and unconditional bank guarantee or equivalent financial instrument in terms acceptable to Western Power* (acting as a Reasonable and Prudent Person*), guaranteeing or otherwise securing the Charges* for two months’ services; or (iii) if Western Power* is satisfied, as a Reasonable and Prudent Person*, that the User*’s parent company’s financial and technical resources are such that the User’s* parent company would be able to meet the User*’s obligations under this Contract* (including because the User*’s parent company meets at least one of the credit ratings given in clauses 9(b)(i) and 9(b)(ii)), procure from the User*’s parent company a guarantee substantially in the form set out in Schedule 8. (b) If the User* or the Indemnifier* has an unqualified credit rating of at least: (i) BBB from Standard and Poor’s Australia Pty Ltd; or (ii) Baa from Xxxxx’x Investor Service Pty Ltd, and provides evidence to this effect to Western Power*, then Western Power* is not entitled to determine under clause 9(a) that the User*'s financial resources are such that there would be a material risk that the User* will be unable to meet its obligations under this Contract*.

Security for Charges*. (a) Subject to clause 9(b), if Western Power* Power determines at any time during the Term* Term that either or both of the User*'s or the Indemnifier*'s technical or financial resources are such that a Reasonable and Prudent Person* Person would consider there to be a material risk that the User* User will be unable to meet its obligations under this Contract*, then then: (i) Western Power* Power may require the User* User to within 15 Business Days nominate which of the User* User or the Indemnifier (“Nominated Person*”) is to provide security; and (ii) within 15 Business Days of the following securityUser’s nomination under clause 9(a)(i), and then require the Nominated Person*, at the User*'s election toelection, must either: (iA) pay to Western Power a cash deposit equal to the Charges* Charges for two months’ servicesSservices; or (iiB) provide an irrevocable and unconditional bank guarantee or equivalent financial instrument in terms acceptable to Western Power* Power (acting as a Reasonable and Prudent Person*), guaranteeing or otherwise securing the Charges* Charges for two months’ servicesSservices; or (iiiC) if Western Power* Power is satisfied, as a Reasonable and Prudent Person*, that the User*’s parent company’s financial and technical resources are such that the User’s* ’s parent company would be able to meet the User*’s obligations under this Contract* Contract (including because the User*’s parent company meets at least one of the credit ratings given in clauses 9(b)(i) and 9(b)(ii)), procure from the User*’s parent company a guarantee substantially in the form set out in Schedule 8. (b) If the User* User or the Indemnifier* Indemnifier has an unqualified credit rating of at least: (i) BBB from Standard and Poor’s Australia Pty Ltd; or (ii) Baa from Xxxxx’x Investor Service Pty Ltd, and provides evidence to this effect to Western Power*, then Western Power* Power is not entitled to determine under clause 9(a) that the User*'s financial resources are such that there would be a material risk that the User* User will be unable to meet its obligations under this Contract*. (c) If any security held by Western Power under clause 9(a)(ii)(A)) or 9(a)(ii)(B) at any time is not equal to the Charges for two months' Sservices, then the Nominated Person must, within 15 Business Days of a written request by Western Power to the User: (i) if the security is a cash deposit under clause 9(a)(ii)(A), provide Western Power with an additional cash payment to increase the security so that it is equal to the Charges for two months' Sservices; or (ii) if the security is a guarantee under clause 9(a)(ii)(B), replace the guarantee with another guarantee (that is in accordance with clause 9(a)(ii)(B)) in an amount that is equal to the Charges for two months' Sservices. (d) If any security held by Western Power under clause 9(a)(ii)(A) or 9(a)(ii)(B) is called upon by Western Power or if that security ceases to be enforceable for any reason (including due to expiry of the security) then within 15 Business Days the Nominated Person must provide replacement security to Western Power complying with the requirements of clause 9(a)(ii). (e) Where a guarantee has been provided to Western Power by the User’s parent company but Western Power ceases to be satisfied, as a Reasonable and Prudent Person, that the criteria in clause 9(a)(ii)(C) are met then by notice to the User Western Power may require the provision of a new form of security complying with the requirements of clause 9(a)(ii)(A) or 9(a)(ii)(B) which security must be provided within 15 Business Days of service of Western Power’s notice. (f) Upon the expiry or termination of this Contract and receipt by Western Power of all amounts due by the User to it under this Contract Western Power will return to the User any security provided under this clause 99 which is still held by Western Power. Where the security provided to Western Power was a cash deposit, then Western Power will return to the User the unutilised balance of the cash deposit and interest accrued on the deposit less any charges (including fees and charges associated with maintaining the interest bearing account) and tTaxes attributable to the maintenance of the interest bearing account in which the cash deposit was kept. (g) Western Power may call upon a cash deposit or bank guarantee (or equivalent financial instrument) provided to it under this clause 99 if an amount due by the User to Western Power under this Contract is not paid by the due date for payment of that amount or, where this Contract does not specify a due date for payment, is not paid within 10 Business Days of Western Power issuing a notice to the User requiring payment of the amount. (h) In this clause 99, a reference to the Charges for two months Sservices means Western Power’s reasonable estimate of the Charges which will be incurred by the User for the Services provided under this Contract in the next two calendar month period from the end of the next Accounting Period (that is, from the end of the Accounting Period which expires after the Accounting Period in which the User is notified of the current level of security it is required to provide). (i) Where security is provided to Western Power in the form of a cash deposit, then Western Power shall deposit the amount in an interest bearing account maintained with a financial institution, selected consistently with Western Power's policies, or with the Western Australian Treasury Corporation or other government body. Any interest which accrues on the cash deposit shall form part of the security buthowever where, as at the end of a month, the aggregate amount of cash deposit held by Western Power (including interest and after deducting any fees, charges and taxes associated with maintaining the interest bearing account) exceeds the Charges for two months’ Sservices Western Power will, within a reasonable time, pay the excess amount held (above the Charges for two months’ Services) to the Customer’s nominated bank account.

Security for Charges*. (a) Subject to clause 9(b), if Western Power* Power determines at any time during the Term* Term that either or both of the User*'s or the Indemnifier*'s technical or financial resources are such that a Reasonable and Prudent Person* Person would consider there to be a material risk that the User* User will be unable to meet its obligations under this Contract*, then then: (i) Western Power* Power may require the User* User to within 15 Business Days nominate which of the User* User or the Indemnifier (“Nominated Person*”) is to provide security; and (ii) within 15 Business Days of the following securityUser’s nomination under clause 9(a)(i), and then require the Nominated Person*, at the User*'s election toelection, must either: (iA) pay to Western Power a cash deposit equal to the Charges* Charges for two months’ servicesServices; or (iiB) provide an irrevocable and unconditional bank guarantee or equivalent financial instrument in terms acceptable to Western Power* Power (acting as a Reasonable and Prudent Person*), guaranteeing or otherwise securing the Charges* Charges for two months’ servicesServices; or (iiiC) if Western Power* Power is satisfied, as a Reasonable and Prudent Person*, that the User*’s parent company’s financial and technical resources are such that the User’s* ’s parent company would be able to meet the User*’s obligations under this Contract* Contract (including because the User*’s parent company meets at least one of the credit ratings given in clauses 9(b)(i) and 9(b)(ii)), procure from the User*’s parent company a guarantee substantially in the form set out in Schedule 8. (b) If the User* User or the Indemnifier* Indemnifier has an unqualified credit rating of at least: (i) BBB from Standard and Poor’s Australia Pty Ltd; or (ii) Baa from Xxxxx’x Investor Service Pty Ltd, and provides evidence to this effect to Western Power*, then Western Power* Power is not entitled to determine under clause 9(a) that the User*'s financial resources are such that there would be a material risk that the User* User will be unable to meet its obligations under this Contract*. (c) If any security held by Western Power under clause 9(a)(ii)(A)) or 9(a)(ii)(B) at any time is not equal to the Charges for two months' Services, then the Nominated Person must, within 15 Business Days of a written request by Western Power to the User: (i) if the security is a cash deposit under clause 9(a)(ii)(A), provide Western Power with an additional cash payment to increase the security so that it is equal to the Charges for two months' Services; or (ii) if the security is a guarantee under clause 9(a)(ii)(B), replace the guarantee with another guarantee (that is in accordance with clause 9(a)(ii)(B)) in an amount that is equal to the Charges for two months' Services. (d) If any security held by Western Power under clause 9(a)(ii)(A) or 9(a)(ii)(B) is called upon by Western Power or if that security ceases to be enforceable for any reason (including due to expiry of the security) then within 15 Business Days the Nominated Person must provide replacement security to Western Power complying with the requirements of clause 9(a)(ii). (e) Where a guarantee has been provided to Western Power by the User’s parent company but Western Power ceases to be satisfied, as a Reasonable and Prudent Person, that the criteria in clause 9(a)(ii)(C) are met then by notice to the User Western Power may require the provision of a new form of security complying with the requirements of clause 9(a)(ii)(A) or 9(a)(ii)(B) which security must be provided within 15 Business Days of service of Western Power’s notice. (f) Upon the termination of this Contract and receipt by Western Power of all amounts due by the User to it under this Contract Western Power will return to the User any security provided under this clause 9 which is still held by Western Power. Where the security provided to Western Power was a cash deposit, then Western Power will return to the User the unutilised balance of the cash deposit and interest accrued on the deposit less any charges (including fees and charges associated with maintaining the interest bearing account) and taxes attributable to the maintenance of the interest bearing account in which the cash deposit was kept. (g) Western Power may call upon a cash deposit or bank guarantee (or equivalent financial instrument) provided to it under this clause 9 if an amount due by the User to Western Power under this Contract is not paid by the due date for payment of that amount or, where this Contract does not specify a due date for payment, is not paid within 10 Business Days of Western Power issuing a notice to the User requiring payment of the amount. (h) In this clause 9, a reference to the Charges for two months Services means Western Power’s reasonable estimate of the Charges which will be incurred by the User for the Services provided under this Contract in the next two calendar month period from the end of the next Accounting Period (that is, from the end of the Accounting Period which expires after the Accounting Period in which the User is notified of the current level of security it is required to provide). (i) Where security is provided to Western Power in the form of a cash deposit, then Western Power shall deposit the amount in an interest bearing account maintained with a financial institution, selected consistently with Western Power's policies, or with the Western Australian Treasury Corporation or other government body. Any interest which accrues on the cash deposit shall form part of the security however where, as at the end of a month, the aggregate amount of cash deposit held by Western Power (including interest and after deducting any fees, charges and taxes associated with maintaining the interest bearing account) exceeds the Charges for two months’ Services Western Power will, within a reasonable time, pay the excess amount held (above the Charges for two months’ Services) to the Customer’s nominated bank account.

Security for Charges*. (a) Subject to clause 9(b), if Western Power* Power determines at any time during the Term* Term that either or both of the User*'s or the Indemnifier*'s technical or financial resources are such that a Reasonable and Prudent Person* Person would consider there to be a material risk that the User* User will be unable to meet its obligations under this Contract*, then then: (i) Western Power* Power may require the User* User to within 15 Business Days nominate which of the User* User or the Indemnifier (“Nominated Person*”) is to provide security; and (ii) within 15 Business Days of the following securityUser’s nomination under clause 9(a)(i), and then require the Nominated Person*, at the User*'s election toelection, must either: (iA) pay to Western Power a cash deposit equal to the Charges* Charges for two months’ servicesSservices; or (iiB) provide an irrevocable and unconditional bank guarantee or equivalent financial instrument in terms acceptable to Western Power* Power (acting as a Reasonable and Prudent Person*), guaranteeing or otherwise securing the Charges* Charges for two months’ servicesSservices; or (iiiC) if Western Power* Power is satisfied, as a Reasonable and Prudent Person*, that the User*’s parent company’s financial and technical resources are such that the User’s* ’s parent company would be able to meet the User*’s obligations under this Contract* Contract (including because the User*’s parent company meets at least one of the credit ratings given in clauses 9(b)(i) and 9(b)(ii)), procure from the User*’s parent company a guarantee substantially in the form set out in Schedule 8. (b) If the User* User or the Indemnifier* Indemnifier has an unqualified credit rating of at least: (i) BBB from Standard and Poor’s Australia Pty Ltd; or (ii) Baa from Xxxxx’x Investor Service Pty Ltd, and provides evidence to this effect to Western Power*, then Western Power* Power is not entitled to determine under clause 9(a) that the User*'s financial resources are such that there would be a material risk that the User* User will be unable to meet its obligations under this Contract*. (c) If any security held by Western Power under clause 9(a)(ii)(A)) or 9(a)(ii)(B) at any time is not equal to the Charges for two months' Sservices, then the Nominated Person must, within 15 Business Days of a written request by Western Power to the User: (i) if the security is a cash deposit under clause 9(a)(ii)(A), provide Western Power with an additional cash payment to increase the security so that it is equal to the Charges for two months' Sservices; or (ii) if the security is a guarantee under clause 9(a)(ii)(B), replace the guarantee with another guarantee (that is in accordance with clause 9(a)(ii)(B)) in an amount that is equal to the Charges for two months' Sservices. (d) If any security held by Western Power under clause 9(a)(ii)(A) or 9(a)(ii)(B) is called upon by Western Power or if that security ceases to be enforceable for any reason (including due to expiry of the security) then within 15 Business Days the Nominated Person must provide replacement security to Western Power complying with the requirements of clause 9(a)(ii). (e) Where a guarantee has been provided to Western Power by the User’s parent company but Western Power ceases to be satisfied, as a Reasonable and Prudent Person, that the criteria in clause 9(a)(ii)(C) are met then by notice to the User Western Power may require the provision of a new form of security complying with the requirements of clause 9(a)(ii)(A) or 9(a)(ii)(B) which security must be provided within 15 Business Days of service of Western Power’s notice. (f) Upon the expiry or termination of this Contract and receipt by Western Power of all amounts due by the User to it under this Contract Western Power will return to the User any security provided under this clause 9 which is still held by Western Power. Where the security provided to Western Power was a cash deposit, then Western Power will return to the User the unutilised balance of the cash deposit and interest accrued on the deposit less any charges (including fees and charges associated with maintaining the interest bearing account) and tTaxes attributable to the maintenance of the interest bearing account in which the cash deposit was kept. (g) Western Power may call upon a cash deposit or bank guarantee (or equivalent financial instrument) provided to it under this clause 9 if an amount due by the User to Western Power under this Contract is not paid by the due date for payment of that amount or, where this Contract does not specify a due date for payment, is not paid within 10 Business Days of Western Power issuing a notice to the User requiring payment of the amount. (h) In this clause 9, a reference to the Charges for two months Sservices means Western Power’s reasonable estimate of the Charges which will be incurred by the User for the Services provided under this Contract in the next two calendar month period from the end of the next Accounting Period (that is, from the end of the Accounting Period which expires after the Accounting Period in which the User is notified of the current level of security it is required to provide). (i) Where security is provided to Western Power in the form of a cash deposit, then Western Power shall deposit the amount in an interest bearing account maintained with a financial institution, selected consistently with Western Power's policies, or with the Western Australian Treasury Corporation or other government body. Any interest which accrues on the cash deposit shall form part of the security buthowever where, as at the end of a month, the aggregate amount of cash deposit held by Western Power (including interest and after deducting any fees, charges and taxes associated with maintaining the interest bearing account) exceeds the Charges for two months’ Sservices Western Power will, within a reasonable time, pay the excess amount held (above the Charges for two months’ Services) to the Customer’s nominated bank account.

Security for Charges*. (a) Subject to clause 9(b), if Western Power* determines at any time during the Term* that either or both of the User*'s or the Indemnifier*'s technical or financial resources are such that a Reasonable and Prudent Person* would consider there to be a material risk that the User* will be unable to meet its obligations under this Contract*, then Western Power* may require the User* to nominate which of the User* or the Indemnifier (“Nominated Person*”) is to provide the following security, and then require the Nominated Person*, at the User*'s election to: (i) pay a cash deposit equal to the Charges* for 2 two months’ services; or (ii) provide an irrevocable and unconditional bank guarantee or equivalent financial instrument in terms acceptable to Western Power* (acting as a Reasonable and Prudent Person*), guaranteeing or otherwise securing the Charges* for two 2two months’ services; or (iii) if Western Power* is satisfied, as a Reasonable and Prudent Person*, that the User*’s parent company’s financial and technical resources are such that the User’s* parent company would be able to meet the User*’s obligations under this Contract* (including because the User*’s parent company meets at least one of the credit ratings given in clauses 9(b)(i) and 9(b)(ii)), procure from the User*’s parent company a guarantee substantially in the form set out in Schedule 889. (b) If the User* or the Indemnifier* has an unqualified credit rating of at least: (i) BBB from Standard and Poor’s Australia Pty Ltd; or (ii) Baa from Xxxxx’x Investor Service Pty Ltd, and provides evidence to this effect to Western Power*, then Western Power* is not entitled to determine under clause 9(a) that the User*'s financial resources are such that there would be a material risk that the User* will be unable to meet its obligations under this Contract*.

Security for Charges*. (a) Subject to clause 9(b), if Western Power* determines at any time during the Term* that either or both of the User*'s User*ʹs or the Indemnifier*'s Indemnifier*ʹs technical or financial resources are such that a Reasonable and Prudent Person* would consider there to be a material risk that the User* will be unable to meet its obligations under this Contract*, then Western Power* may require the User* to nominate which of the User* or the Indemnifier (“Nominated Person*”) is to provide the following security, and then require the Nominated Person*, at the User*'s User*ʹs election to: (i) pay a cash deposit equal to the Charges* for two months’ services; or (ii) provide an irrevocable and unconditional bank guarantee or equivalent financial instrument in terms acceptable to Western Power* (acting as a Reasonable and Prudent Person*), guaranteeing or otherwise securing the Charges* for two months’ services; or (iii) if Western Power* is satisfied, as a Reasonable and Prudent Person*, that the User*’s parent company’s financial and technical resources are such that the User’s* parent company would be able to meet the User*’s obligations under this Contract* (including because the User*’s parent company meets at least one of the credit ratings given in clauses 9(b)(i) and 9(b)(ii)), procure from the User*’s parent company a guarantee substantially in the form set out in Schedule 8. (b) If the User* or the Indemnifier* has an unqualified credit rating of at least: (i) BBB from Standard and Poor’s Australia Pty Ltd; or (ii) Baa from Xxxxx’x Investor Service Pty Ltd, and provides evidence to this effect to Western Power*, then Western Power* is not entitled to determine under clause 9(a) that the User*'s User*ʹs financial resources are such that there would be a material risk that the User* will be unable to meet its obligations under this Contract*.

Security for Charges*. (a) Subject to clause 9(b), if Western Power* determines at any time during the Term* that either or both of the User*'s or the Indemnifier*'s technical or financial resources are such that a Reasonable and Prudent Person* would consider there to be a material risk that the User* will be unable to meet its obligations under this Contract*, then then: (i) Western Power* may require the User* to within 15 Business Days* nominate which of the User* or the Indemnifier Indemnifier* (“Nominated Person*”) is to provide security; and (ii) within 15 Business Days* of the following securityUser*’s nomination under clause 9(a)(i), and then require the Nominated Person*, at the User*'s election toelection, must either: (iA) pay to Western Power* a cash deposit equal to the Charges* for two months’ services; or (iiB) provide an irrevocable and unconditional bank guarantee or equivalent financial instrument in terms acceptable to Western Power* (acting as a Reasonable and Prudent Person*), guaranteeing or otherwise securing the Charges* for two months’ services; or (iiiC) if Western Power* is satisfied, as a Reasonable and Prudent Person*, that the User*’s parent company’s financial and technical resources are such that the User’s* parent company would be able to meet the User*’s obligations under this Contract* (including because the User*’s parent company meets at least one of the credit ratings given in clauses 9(b)(i) and 9(b)(ii)), procure from the User*’s parent company a guarantee substantially in the form set out in Schedule 8. (b) If the User* or the Indemnifier* has an unqualified credit rating of at least: (i) BBB from Standard and Poor’s Australia Pty Ltd; or (ii) Baa from Xxxxx’x Investor Service Pty Ltd, and provides evidence to this effect to Western Power*, then Western Power* is not entitled to determine under clause 9(a) that the User*'s financial resources are such that there would be a material risk that the User* will be unable to meet its obligations under this Contract*. (c) If any security held by Western Power* under clause 9(a)(ii)(A)) or 9(a)(ii)(B) at any time is not equal to the Charges* for two months' services, then the Nominated Person* must, within 15 Business Days* of a written request by Western Power* to the User*: (i) if the security is a cash deposit under clause 9(a)(ii)(A), provide Western Power* with an additional cash payment to increase the security so that it is equal to the Charges* for two months' services; or (ii) if the security is a guarantee under clause 9(a)(ii)(B), replace the guarantee with another guarantee (that is in accordance with clause 9(a)(ii)(B)) in an amount that is equal to the Charges* for two months' services. (d) If any security held by Western Power* under clause 9(a)(ii)(A) or 9(a)(ii)(B) is called upon by Western Power* or if that security ceases to be enforceable for any reason (including due to expiry of the security) then within 15 Business Days* the Nominated Person* must provide replacement security to Western Power* complying with the requirements of clause 9(a)(ii). (e) Where a guarantee has been provided to Western Power* by the User*’s parent company but Western Power* ceases to be satisfied, as a Reasonable and Prudent Person*, that the criteria in clause 9(a)(ii)(C) are met then by notice to the User* Western Power* may require the provision of a new form of security complying with the requirements of clause 9(a)(ii)(A) or 9(a)(ii)(B) which security must be provided within 15 Business Days* of service of Western Power*’s notice. (f) Upon the expiry or termination of this Contract* and receipt by Western Power* of all amounts due by the User* to it under this Contract* Western Power* will return to the User* any security provided under this clause 9 which is still held by Western Power*. Where the security provided to Western Power* was a cash deposit, then Western Power* will return to the User* the unutilised balance of the cash deposit and interest accrued on the deposit less any charges (including fees and charges associated with maintaining the interest bearing account) and Taxes* attributable to the maintenance of the interest bearing account in which the cash deposit was kept. (g) Western Power* may call upon a cash deposit or bank guarantee (or equivalent financial instrument) provided to it under this clause 9 if an amount due by the User* to Western Power* under this Contract* is not paid by the due date for payment of that amount or, where this Contract* does not specify a due date for payment, is not paid within 10 Business Days* of Western Power* issuing a notice to the User* requiring payment of the amount. (h) In this clause 9, a reference to the Charges* for two months services means Western Power*’s reasonable estimate of the Charges* which will be incurred by the User* for the Services* provided under this Contract* in the next two calendar month period from the end of the next Accounting Period* (that is, from the end of the Accounting Period* which expires after the Accounting Period* in which the User* is notified of the current level of security it is required to provide). (i) Where security is provided to Western Power* in the form of a cash deposit, then Western Power* shall deposit the amount in an interest bearing account maintained with a financial institution, selected consistently with Western Power's policies, or with the Western Australian Treasury Corporation or other government body. Any interest which accrues on the cash deposit shall form part of the security but where Western Power* is required, under this Contract*, to return the security then it will return to the User* the unutilised balance of the cash deposit and interest accrued less any charges (including fees and charges associated with maintaining the interest bearing account) and Taxes* attributable to the maintenance of the interest bearing account. Nothing in this Contract* is to be taken as imposing any obligation on Western Power* to maximise or obtain any return on amounts deposited.

Security for Charges*. (a) Subject to clause 9(b), if Western Power* Power determines at any time during the Term* Term that either or both of the User*'s or the Indemnifier*'s technical or financial resources are such that a Reasonable and Prudent Person* Person would consider there to be a material risk that the User* User will be unable to meet its obligations under this Contract*, then then: (i) Western Power* Power may require the User* User to within 15 Business Days nominate which of the User* User or the Indemnifier (“Nominated Person*”) is to provide security; and (ii) within 15 Business Days of the following securityUser’s nomination under clause 9(a)(i), and then require the Nominated Person*, at the User*'s election toelection, must either: (iA) pay to Western Power a cash deposit equal to the Charges* Charges for two months’ servicesSservices; or (iiB) provide an irrevocable and unconditional bank guarantee or equivalent financial instrument in terms acceptable to Western Power* Power (acting as a Reasonable and Prudent Person*), guaranteeing or otherwise securing the Charges* Charges for two months’ servicesSservices; or (iiiC) if Western Power* Power is satisfied, as a Reasonable and Prudent Person*, that the User*’s parent company’s financial and technical resources are such that the User’s* ’s parent company would be able to meet the User*’s obligations under this Contract* Contract (including because the User*’s parent company meets at least one of the credit ratings given in clauses 9(b)(i) and 9(b)(ii)), procure from the User*’s parent company a guarantee substantially in the form set out in Schedule 8. (b) If the User* User or the Indemnifier* Indemnifier has an unqualified credit rating of at least: (i) BBB from Standard and Poor’s Australia Pty Ltd; or (ii) Baa from Xxxxx’x Investor Service Pty Ltd, and provides evidence to this effect to Western Power*, then Western Power* Power is not entitled to determine under clause 9(a) that the User*'s financial resources are such that there would be a material risk that the User* User will be unable to meet its obligations under this Contract*. (c) If any security held by Western Power under clause 9(a)(ii)(A)) or 9(a)(ii)(B) at any time is not equal to the Charges for two months' Sservices, then the Nominated Person must, within 15 Business Days of a written request by Western Power to the User: (i) if the security is a cash deposit under clause 9(a)(ii)(A), provide Western Power with an additional cash payment to increase the security so that it is equal to the Charges for two months' Sservices; or (ii) if the security is a guarantee under clause 9(a)(ii)(B), replace the guarantee with another guarantee (that is in accordance with clause 9(a)(ii)(B)) in an amount that is equal to the Charges for two months' Sservices. (d) If any security held by Western Power under clause 9(a)(ii)(A) or 9(a)(ii)(B) is called upon by Western Power or if that security ceases to be enforceable for any reason (including due to expiry of the security) then within 15 Business Days the Nominated Person must provide replacement security to Western Power complying with the requirements of clause 9(a)(ii). (e) Where a guarantee has been provided to Western Power by the User’s parent company but Western Power ceases to be satisfied, as a Reasonable and Prudent Person, that the criteria in clause 9(a)(ii)(C) are met then by notice to the User Western Power may require the provision of a new form of security complying with the requirements of clause 9(a)(ii)(A) or 9(a)(ii)(B) which security must be provided within 15 Business Days of service of Western Power’s notice. (f) Upon the expiry or termination of this Contract and receipt by Western Power of all amounts due by the User to it under this Contract Western Power will return to the User any security provided under this clause 9 which is still held by Western Power. Where the security provided to Western Power was a cash deposit, then Western Power will return to the User the unutilised balance of the cash deposit and interest accrued on the deposit less any charges (including fees and charges associated with maintaining the interest bearing account) and Ttaxes attributable to the maintenance of the interest bearing account in which the cash deposit was kept. (g) Western Power may call upon a cash deposit or bank guarantee (or equivalent financial instrument) provided to it under this clause 9 if an amount due by the User to Western Power under this Contract is not paid by the due date for payment of that amount or, where this Contract does not specify a due date for payment, is not paid within 10 Business Days of Western Power issuing a notice to the User requiring payment of the amount. (h) In this clause 9, a reference to the Charges for two months Sservices means Western Power’s reasonable estimate of the Charges which will be incurred by the User for the Services provided under this Contract in the next two calendar month period from the end of the next Accounting Period (that is, from the end of the Accounting Period which expires after the Accounting Period in which the User is notified of the current level of security it is required to provide). (i) Where security is provided to Western Power in the form of a cash deposit, then Western Power shall deposit the amount in an interest bearing account maintained with a financial institution, selected consistently with Western Power's policies, or with the Western Australian Treasury Corporation or other government body. Any interest which accrues on the cash deposit shall form part of the security however where, as at the end of a month, the aggregate amount of cash deposit held by Western Power (including interest and after deducting any fees, charges and Ttaxes associated with maintaining the interest bearing account) exceeds the Charges for two months’ services Western Power will, within a reasonable time, pay the excess amount held (above the Charges for two months’ sServices) to the Customer’s nominated bank account. but