Common use of Tariff and Charges Clause in Contracts

Tariff and Charges. 7.1 Tariff* (a) The tariff payable under this Contract* for a Service* is the tariff, or tariffs, as applicable, specified in the Price List* from time to time for the Service*. For the avoidance of doubt, the tariffs specified in the Price List* apply to all consumption during the Pricing Year* applicable to the Price List*. Where consumption is metered with an accumulation meter and the meter reading interval causes some of the metered consumption to lie within the Pricing Year* applicable to the Price List* and the remainder within a Pricing Year* applicable to another Price List*, the consumption covered by the Price List* will be determined by prorating the metered consumption uniformly on a daily basis. (b) If: (i) no Price List* is published by the Authority* on the date required under the Code*; or (ii) a purported Price List* which does not comply with the Access Arrangement* is published, then to the extent that the effect of a Price List* (if it had been published on the date required under the Code* and had been compliant with the Access Arrangement*) would have been to reduce the Tariff* payable by the User*, then the User* may recover the Tariff* reduction as an overpayment under clause 8.6. (c) If applicable, the Tariff* payable under clause 7.1(a) for a Service* after the end of the current Access Arrangement* period is to be determined as follows: (i) if the new Access Arrangement* contains a Reference Service* (“Equivalent Reference Service*”) which is materially the same as the Service* then the tariff for the Service* is to be the tariff for the Equivalent Reference Service*; and (ii) if the new Access Arrangement* does not contain an Equivalent Reference Service*, or if for any reason there is no new Access Arrangement* or new Price List* under the new Access Arrangement*, then the tariff for each quarter will be the Tariff* in the final Price List* which Western Power* was required to publish under the previous Access Arrangement*, CPI-Adjusted* annually each 1 July. (d) Clause 7.1(c) applies, with appropriate modifications, in respect of the end of each successive Access Arrangement* period. (e) Western Power* must notify the User* of the Tariffs* calculated from time to time under clause 7.1(c). (f) For the purposes of calculating Tariffs* and Charges* for a Service*: (i) Western Power* is entitled to rely on the information contained in the Contract Database* (as updated from time to time in accordance with this Contact*); and (ii) where information contained in the Contract Database* is updated, or to be updated, in accordance with this Contract*, the updated information: (A) will not apply to any period before; and (B) must not be used to calculate a Tariff* or Charge* until, the date that the information is actually updated in accordance with this Contract*. 7.2 Charges* The User* must pay to Western Power*: (a) the Charge* for each Service* calculated at the Tariff* determined under clause 7.1; and (b) nothing in this clause 7.2 prevents Western Power* from recovering any other monies otherwise payable by the User* to Western Power* under this Contract* or at Law*. 7.3 Charges* during Western Power*’s Force Majeure Event* (a) If a Service* (“Affected Service*”) is unavailable for any consecutive period of two days or longer (“Affected Service Period*”) due to a Force Majeure Event* where: (i) Western Power* is the Affected Person*; (ii) the User* is unable to use the Affected Service* because of the Force Majeure Event*; and (iii) Western Power*’s inability to provide the Affected Service* has not been caused by the User*’s default or negligence, then, for that part of the Affected Service Period* in which the User*’s Facilities and Equipment* in respect of the Affected Service* were not or would not have been subject to a scheduled or unscheduled outage by which the User*’s Facilities and Equipment* were De-energised*, the User* is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges*” (as defined in clause 7.3(b)) for the Affected Service* during that part of the Affected Service Period*. (b) Under this clause 7.3, Standing Charges* means: (i) those Charges* or components of a Charge* which apply to a Service* regardless of the actual Generation* or Consumption* by the User* in respect of that Service*, as recorded by the Metering Equipment*; and (ii) is not those components of a Charge* which are determined by reference to the actual Generation* or Consumption* by the User* in the respect of that Service*, as recorded by the Metering Equipment*.

Appears in 2 contracts

Samples: Electricity Transfer Access Contract, Electricity Transfer Access Contract

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Tariff and Charges. 7.1 Tariff* (a) The tariff payable under this Contract* for a Service* is the tariff, or tariffs, as applicable, specified in the Price List* from time to time for the Service*. For the avoidance of doubt, the tariffs specified in the Price List* apply to all consumption during the Pricing Year* applicable to the Price List*. Where consumption is metered with an accumulation meter and the meter reading interval causes some of the metered consumption to lie within the Pricing Year* applicable to the Price List* and the remainder within a Pricing Year* applicable to another Price List*, the consumption covered by the Price List* will be determined by prorating the metered consumption uniformly on a daily basis. (b) If: (i) no Price List* is published by the Authority* on the date required under the Code*; or (ii) a purported Price List* which does not comply with the Access Arrangement* is published, then to the extent that the effect of a Price List* (if it had been published on the date required under the Code* and had been compliant with the Access Arrangement*) would have been to reduce the Tariff* payable by the User*, then the User* may recover the Tariff* reduction as an overpayment under clause 8.6. (c) If applicable, the Tariff* payable under clause 7.1(a) for a Service* after the end of the current Access Arrangement* period is to be determined as follows: (i) if the new Access Arrangement* contains a Reference Service* (“Equivalent Reference Service*”) which is materially the same as the Service* then the tariff for the Service* is to be the tariff for the Equivalent Reference Service*; and (ii) if the new Access Arrangement* does not contain an Equivalent Reference Service*, or if for any reason there is no new Access Arrangement* or new Price List* under the new Access Arrangement*, then the tariff for each quarter will be the Tariff* in the final Price List* which Western Power* was required to publish under the previous Access Arrangement*, CPI-Adjusted* annually each 1 July. (d) Clause 7.1(c) applies, with appropriate modifications, in respect of the end of each successive Access Arrangement* period. (e) Western Power* must notify the User* of the Tariffs* calculated from time to time under clause 7.1(c). (f) For the purposes of calculating Tariffs* and Charges* for a Service*: (i) Western Power* is entitled to rely on the information contained in the Contract Database* (as updated from time to time in accordance with this Contact*); and (ii) where information contained in the Contract Database* is updated, or to be updated, in accordance with this Contract*, the updated information: (A) will not apply to any period before; and (B) must not be used to calculate a Tariff* or Charge* until, the date that the information is actually updated in accordance with this Contract*. 7.2 Charges* The User* must pay to Western Power*: (a) the Charge* for each Service* calculated at the Tariff* determined under clause 7.1; and (b) nothing in this clause 7.2 prevents Western Power* from recovering any other monies otherwise payable by the User* to Western Power* under this Contract* or at Law*. 7.3 Charges* during Western Power*’s Force Majeure Event* (a) If a Service* (“Affected Service*”) is unavailable for any consecutive period of two days or longer (“Affected Service Period*”) due to a Force Majeure Event* where: (i) Western Power* is the Affected Person*; (ii) the User* is unable to use the Affected Service* because of the Force Majeure Event*; and (iii) Western Power*’s inability to provide the Affected Service* has not been caused by the User*’s default or negligence, then, for that part of the Affected Service Period* in which the User*’s Facilities and Equipment* in respect of the Affected Service* were not or would not have been subject to a scheduled or unscheduled outage by which the User*’s Facilities and Equipment* were De-energised*, the User* is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges*” (as defined in clause 7.3(b)) for the Affected Service* during that part of the Affected Service Period*. (b) Under this clause 7.3, Standing Charges* means: (i) those Charges* or components of a Charge* which apply to a Service* regardless of the actual Generation* or Consumption* by the User* in respect of that Service*, as recorded by the Metering Equipment*; and (ii) is not those components of a Charge* which are determined by reference to the actual Generation* or Consumption* by the User* in the respect of that Service*, as recorded by the Metering Equipment*.

Appears in 2 contracts

Samples: Electricity Transfer Access Contract, Electricity Transfer Access Contract

Tariff and Charges. 7.1 Tariff*‌ Tariff‌ (a) The tariff payable under this Contract* Contract for a Service* Service is the tariff, or tariffs, as applicable, specified in the Approved Price List* List from time to time for the Service*. For the avoidance of doubt, the tariffs specified in the Approved Price List* List apply to all consumption during the Pricing Year* Year applicable to the Approved Price List*. Where consumption is metered with an accumulation meter and the meter reading interval causes some of the metered consumption to lie within the Pricing Year* Year applicable to the Approved Price List* List and the remainder within a Pricing Year* Year applicable to another Approved Price List*, the consumption covered by the Approved Price List* List will be determined by prorating the metered consumption uniformly on a daily basis.basis.‌ (b) If: (i) no Approved Price List* List is published by the Authority* Authority on the date required under the Code*; or (ii) a purported Price List* List which does not comply with the Access Arrangement* Arrangement is publishedpublished as an Approved Price List, then to the extent that the effect of a Price List* List (if it had been published on the date required under the Code* Code and had been compliant with the Access Arrangement*) would have been to reduce the Tariff* Tariff payable by the User*, then the User* User may recover the Tariff* Tariff reduction as an overpayment under clause 8.6. (c) If applicable, the Tariff* Tariff payable under clause 7.1(a) for a Service* Service after the end of the current Access Arrangement* Arrangement period is to be determined as follows:follows:‌ (i) if the new Access Arrangement* Arrangement contains a Reference Service* Service (“Equivalent Reference Service*”) which is materially the same as the Service* Service then the tariff for the Service* Service is to be the tariff for the Equivalent Reference Service*; andand‌ (ii) if the new Access Arrangement* Arrangement does not contain an Equivalent Reference Service*, or if for any reason there is no new Access Arrangement* Arrangement or new Approved Price List* List under the new Access Arrangement*, then the tariff for each quarter will be the Tariff* Tariff in the final Approved Price List under the previous Access Arrangement, CPI- Adjusted annually each 1 July (or if there was no Approved Price List under the previous Access Arrangement, the Tariff in the final Price List* List which Western Power* Power was required to publish under the previous Access Arrangement*, CPI-Adjusted* Adjusted annually each 1 July). (d) Clause 7.1(c) applies, with appropriate modifications, in respect of the end of each successive Access Arrangement* Arrangement period. (e) Western Power* Power must notify the User* User of the Tariffs* Tariffs calculated from time to time under clause 7.1(c). (f) For the purposes of calculating Tariffs* Tariffs and Charges* Charges for a Service*: (i) Western Power* Power is entitled to rely on the information contained in the Contract Database* Database (as updated from time to time in accordance with this Contact*); and (ii) where information contained in the Contract Database* Database is updated, or to be updated, in accordance with this Contract*, the updated information: (A) will not apply to any period before; and (B) must not be used to calculate a Tariff* Tariff or Charge* Charge until, the date that the information is actually updated in accordance with this Contract*. 7.2 Charges* . Charges‌ The User* User must pay to Western Power*: (a) the Charge* Charge for each Service* Service calculated at the Tariff* Tariff determined under clause 7.1; and. (b) nothing Nothing in this clause 7.2 prevents Western Power* Power from recovering any other monies otherwise payable by the User* User to Western Power* Power under this Contract* Contract or at Law*. 7.3 Charges* during Western Power*’s Force Majeure Event* (a) If a Service* (“Affected Service*”) is unavailable for any consecutive period of two days or longer (“Affected Service Period*”) due to a Force Majeure Event* where: (i) Western Power* is the Affected Person*; (ii) the User* is unable to use the Affected Service* because of the Force Majeure Event*; and (iii) Western Power*’s inability to provide the Affected Service* has not been caused by the User*’s default or negligence, then, for that part of the Affected Service Period* in which the User*’s Facilities and Equipment* in respect of the Affected Service* were not or would not have been subject to a scheduled or unscheduled outage by which the User*’s Facilities and Equipment* were De-energised*, the User* is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges*” (as defined in clause 7.3(b)) for the Affected Service* during that part of the Affected Service Period*. (b) Under this clause 7.3, Standing Charges* means: (i) those Charges* or components of a Charge* which apply to a Service* regardless of the actual Generation* or Consumption* by the User* in respect of that Service*, as recorded by the Metering Equipment*; and (ii) is not those components of a Charge* which are determined by reference to the actual Generation* or Consumption* by the User* in the respect of that Service*, as recorded by the Metering Equipment*.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Tariff and Charges. 7.1 Tariff* (a) The tariff payable under this Contract* for a Service* is the tariff, or tariffs, as applicable, specified in the Price List* from time to time for the Service*. For the avoidance of doubt, the tariffs specified in the Price List* apply to all consumption during the Pricing Year* applicable to the Price List*. Where consumption is metered with an accumulation meter and the meter reading interval causes some of the metered consumption to lie within the Pricing Year* applicable to the Price List* and the remainder within a Pricing Year* applicable to another Price List*, the consumption covered by the Price List* will be determined by prorating the metered consumption uniformly on a daily basis. (b) If: (i) no Price List* is published by the Authority* on the date required under the Code*; or (ii) a purported Price List* which does not comply with the Access Arrangement* is published, then to the extent that the effect of a Price List* (if it had been published on the date required under the Code* and had been compliant with the Access Arrangement*) would have been to reduce the Tariff* payable by the User*, then the User* may recover the Tariff* reduction as an overpayment under clause 8.6. (c) If applicable, the Tariff* payable under clause 7.1(a) for a Service* after the end of the current Access Arrangement* period is to be determined as follows: (i) if the new Access Arrangement* contains a Reference Service* (“Equivalent Reference Service*”) which is materially the same as the Service* then the tariff for the Service* is to be the tariff for the Equivalent Reference Service*; and (ii) if the new Access Arrangement* does not contain an Equivalent Reference Service*, or if for any reason there is no new Access Arrangement* or new Price List* under the new Access Arrangement*, then the tariff for each quarter will be the Tariff* in the final Price List* which Western Power* was required to publish under the previous Access Arrangement*, CPI-Adjusted* annually each 1 July. (d) Clause 7.1(c) applies, with appropriate modifications, in respect of the end of each successive Access Arrangement* period. (e) Western Power* must notify the User* of the Tariffs* calculated from time to time under clause 7.1(c). (f) For the purposes of calculating Tariffs* and Charges* for a Service*: (i) Western Power* is entitled to rely on the information contained in the Contract Database* Schedule 3 (as updated from time to time in accordance with this Contact*); and (ii) where information contained in the Contract Database* Schedule 3 is updated, or to be updated, in accordance with this Contract*, the updated information: (A) will not apply to any period before; and (B) must not be used to calculate a Tariff* or Charge* until, the date that the information is actually updated in accordance with this Contract*. 7.2 Charges* The User* must pay to Western Power*: (a) the Charge* for each Service* calculated at the Tariff* determined under clause 7.1; and (b) nothing in this clause 7.2 prevents Western Power* from recovering any other monies otherwise payable by the User* to Western Power* under this Contract* or at Law*. 7.3 Charges* during Western Power*’s Force Majeure Event* (a) If a Service* (“Affected Service*”) is unavailable for any consecutive period of two days or longer (“Affected Service Period*”) due to a Force Majeure Event* where: (i) Western Power* is the Affected Person*; (ii) the User* is unable to use the Affected Service* because of the Force Majeure Event*; and (iii) Western Power*’s inability to provide the Affected Service* has not been caused by the User*’s default or negligence, then, for that part of the Affected Service Period* in which the User*’s Facilities and Equipment* in respect of the Affected Service* were not or would not have been subject to a scheduled or unscheduled outage by which the User*’s Facilities and Equipment* were De-energised*, the User* is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges*” (as defined in clause 7.3(b)) for the Affected Service* during that part of the Affected Service Period*. (b) Under this clause 7.3, Standing Charges* means: (i) those Charges* or components of a Charge* which apply to a Service* regardless of the actual Generation* or Consumption* by the User* in respect of that Service*, as recorded by the Metering Equipment*; and (ii) is not those components of a Charge* which are determined by reference to the actual Generation* or Consumption* by the User* in the respect of that Service*, as recorded by the Metering Equipment*.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Tariff and Charges. 7.1 Tariff* (a) The tariff payable under this Contract* for a Service* is the tariff, or tariffs, as applicable, specified in the Price List* from time to time for the Service*. For the avoidance of doubt, the tariffs specified in the Price List* apply to all consumption during the Pricing Year* applicable to the Price List*. Where consumption is metered with an accumulation meter and the meter reading interval causes some of the metered consumption to lie within the Pricing Year* applicable to the Price List* and the remainder within a Pricing Year* applicable to another Price List*, the consumption covered by the Price List* will be determined by prorating the metered consumption uniformly on a daily basis. (b) If: (i) no Price List* is published by the Authority* on the date required under the Code*; or (ii) a purported Price List* which does not comply with the Access Arrangement* is published, then to the extent that the effect of a Price List* (if it had been published on the date required under the Code* and had been compliant with the Access Arrangement*) would have been to reduce the Tariff* payable by the User*, then the User* may recover the Tariff* reduction as an overpayment under clause 8.6. (c) If applicable, the Tariff* payable under clause 7.1(a) for a Service* after the end of the current Access Arrangement* period is to be determined as follows: (i) if the new Access Arrangement* contains a Reference Service* (“Equivalent Reference Service*”) which is materially the same as the Service* then the tariff for the Service* is to be the tariff for the Equivalent Reference Service*; and (ii) if the new Access Arrangement* does not contain an Equivalent Reference Service*, or if for any reason there is no new Access Arrangement* or new Price List* under the new Access Arrangement*, then the tariff for each quarter will be the Tariff* in the final Price List* which Western Power* was required to publish under the previous Access Arrangement*, CPI-AdjustedCPI‐Adjusted* annually each 1 July. (d) Clause 7.1(c) applies, with appropriate modifications, in respect of the end of each successive Access Arrangement* period. (e) Western Power* must notify the User* of the Tariffs* calculated from time to time under clause 7.1(c). (f) For the purposes of calculating Tariffs* and Charges* for a Service*: (i) Western Power* is entitled to rely on the information contained in the Contract Database* (as updated from time to time in accordance with this Contact*); and (ii) where information contained in the Contract Database* is updated, or to be updated, in accordance with this Contract*, the updated information: (A) will not apply to any period before; and (B) must not be used to calculate a Tariff* or Charge* until, the date that the information is actually updated in accordance with this Contract*. 7.2 Charges* The User* must pay to Western Power*: (a) the Charge* for each Service* calculated at the Tariff* determined under clause 7.1; and (b) nothing in this clause 7.2 prevents Western Power* from recovering any other monies otherwise payable by the User* to Western Power* under this Contract* or at Law*. 7.3 Charges* during Western Power*’s Force Majeure Event* (a) If a Service* (“Affected Service*”) is unavailable for any consecutive period of two days or longer (“Affected Service Period*”) due to a Force Majeure Event* where: (i) Western Power* is the Affected Person*; (ii) the User* is unable to use the Affected Service* because of the Force Majeure Event*; and (iii) Western Power*’s inability to provide the Affected Service* has not been caused by the User*’s default or negligence, then, for that part of the Affected Service Period* in which the User*’s Facilities and Equipment* in respect of the Affected Service* were not or would not have been subject to a scheduled or unscheduled outage by which the User*’s Facilities and Equipment* were De-energisedDe‐energised*, the User* is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges*” (as defined in clause 7.3(b)) for the Affected Service* during that part of the Affected Service Period*. (b) Under this clause 7.3, Standing Charges* means: (i) those Charges* or components of a Charge* which apply to a Service* regardless of the actual Generation* or Consumption* by the User* in respect of that Service*, as recorded by the Metering Equipment*; and (ii) is not those components of a Charge* which are determined by reference to the actual Generation* or Consumption* by the User* in the respect of that Service*, as recorded by the Metering Equipment*.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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Tariff and Charges. 7.1 Tariff* (a) The tariff payable under this Contract* for a Service* is the tariff, or tariffs, as applicable, specified in the Price List* from time to time for the Service*. For the avoidance of doubt, the tariffs specified in the Price List* apply to all consumption during the Pricing Year* applicable to the Price List*. Where consumption is metered with an accumulation meter and the meter reading interval causes some of the metered consumption to lie within the Pricing Year* applicable to the Price List* and the remainder within a Pricing Year* applicable to another Price List*, the consumption covered by the Price List* will be determined by prorating the metered consumption uniformly on a daily basis. (b) If: (i) no Price List* is published by the Authority* on the date required under the Code*; or (ii) a purported Price List* which does not comply with the Access Arrangement* is published, then to the extent that the effect of a Price List* (if it had been published on the date required under the Code* and had been compliant with the Access Arrangement*) would have been to reduce the Tariff* payable by the User*, then the User* may recover the Tariff* reduction as an overpayment under clause 8.6. (c) If applicable, the Tariff* payable under clause 7.1(a) for a Service* after the end of the current Access Arrangement* period is to be determined as follows: (i) if the new Access Arrangement* contains a Reference Service* (“Equivalent Reference Service*”) which is materially the same as the Service* then the tariff for the Service* is to be the tariff for the Equivalent Reference Service*; and (ii) if the new Access Arrangement* does not contain an Equivalent Reference Service*, or if for any reason there is no new Access Arrangement* or new Price List* under the new Access Arrangement*, then the tariff for each quarter will be the Tariff* in the final Price List* which Western Power* was required to publish under the previous Access Arrangement*, CPI-Adjusted* annually each 1 July.. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32) (d) Clause 7.1(c) applies, with appropriate modifications, in respect of the end of each successive Access Arrangement* period. (e) Western Power* must notify the User* of the Tariffs* calculated from time to time under clause 7.1(c). (f) For the purposes of calculating Tariffs* and Charges* for a Service*: (i) Western Power* is entitled to rely on the information contained in the Contract Database* (as updated from time to time in accordance with this Contact*); and (ii) where information contained in the Contract Database* is updated, or to be updated, in accordance with this Contract*, the updated information: (A) will not apply to any period before; and (B) must not be used to calculate a Tariff* or Charge* until, the date that the information is actually updated in accordance with this Contract*. 7.2 Charges* The User* must pay to Western Power*: (a) the Charge* for each Service* calculated at the Tariff* determined under clause 7.1; and (b) nothing in this clause 7.2 prevents Western Power* from recovering any other monies otherwise payable by the User* to Western Power* under this Contract* or at Law*. 7.3 Charges* during Western Power*’s Force Majeure Event* (a) If a Service* (“Affected Service*”) is unavailable for any consecutive period of two days or longer (“Affected Service Period*”) due to a Force Majeure Event* where: (i) Western Power* is the Affected Person*; (ii) the User* is unable to use the Affected Service* because of the Force Majeure Event*; and (iii) Western Power*’s inability to provide the Affected Service* has not been caused by the User*’s default or negligence, then, for that part of the Affected Service Period* in which the User*’s Facilities and Equipment* in respect of the Affected Service* were not or would not have been subject to a scheduled or unscheduled outage by which the User*’s Facilities and Equipment* were De-energised*, the User* is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges*” (as defined in clause 7.3(b)) for the Affected Service* during that part of the Affected Service Period*. (b) Under this clause 7.3, Standing Charges* means: (i) those Charges* or components of a Charge* which apply to a Service* regardless of the actual Generation* or Consumption* by the User* in respect of that Service*, as recorded by the Metering Equipment*; and (ii) is not those components of a Charge* which are determined by reference to the actual Generation* or Consumption* by the User* in the respect of that Service*, as recorded by the Metering Equipment*.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Tariff and Charges. 7.1 Tariff* (a) The tariff Ttariff payable under this Contract* for a Service* is the tariffTtariff, or tariffsTtariffs, as applicable, specified in the Price List* from time to time for the Service*. For the avoidance of doubt, the tariffs specified in the Price List* apply to all consumption during the Pricing Year* applicable to the Price List*. Where consumption is metered with an accumulation meter and the meter reading interval causes some of the metered consumption to lie within the Pricing Year* applicable to the Price List* and the remainder within a Pricing Year* applicable to another Price List*, the consumption covered by the Price List* will be determined by prorating the metered consumption uniformly on a daily basis. (b) If: (i) no Price List* is published by the Authority* on the date required under the Code*; or (ii) a purported Price List* which does not comply with the Access Arrangement* is published, then to the extent that the effect of a Price List* (if it had been published on the date required under the Code* and had been compliant with the Access Arrangement*) would have been to reduce the Tariff* payable by the User*, then the User* may recover the Tariff* reduction as an overpayment under clause 8.68.68.68.68.5. (c) If applicable, the Tariff* payable under clause 7.1(a) for a Service* after the end of the current Access Arrangement* period is to be determined as follows: (i) if the new Access Arrangement* contains a Reference Service* (“Equivalent Reference Service*”) which is materially the same as the Service* then the tariff for the Service* is to be the tariff for the Equivalent Reference Service*; and (ii) if the new Access Arrangement* does not contain an Equivalent Reference Service*, or if for any reason there is no new Access Arrangement* or new Price List* under the new Access Arrangement*, then the tariff for each quarter will be the Tariff* in the final Price List* which Western Power* was required to publish under the previous Access Arrangement*, CPI-Adjusted* annually each 1 July. (d) Clause 7.1(c) applies, with appropriate modifications, in respect of the end of each successive Access Arrangement* period. (e) Western Power* must notify the User* of the Tariffs* calculated from time to time under clause 7.1(c). (f) For the purposes of calculating Tariffs* and Charges* for a Service*: (i) Western Power* is entitled to rely on the information contained in the Contract Database* Schedule 34 (as updated from time to time in accordance with this Contact*); and (ii) where information contained in the Contract Database* Schedule 34 is updated, or to be updated, in accordance with this Contract*, the updated information: (A) will not apply to any period before; and (B) must not be used to calculate a Tariff* or Charge* until, the date that the information is actually updated in accordance with this Contract*. 7.2 Charges* The User* must pay to Western Power*: (a) the Charge* for each Service* calculated at the Tariff* determined under clause 7.1; and (b) nothing in this clause 7.2 prevents Western Power* from recovering any other monies otherwise payable by the User* to Western Power* under this Contract* or at Law*. 7.3 Charges* during Western Power*’s Force Majeure Event* (a) If a Service* (“Affected Service*”) is unavailable for any consecutive period of two days or longer (“Affected Service Period*”) due to a Force Majeure Event* where: (i) Western Power* is the Affected Person*; (ii) the User* is unable to use the Affected Service* because of the Force Majeure Event*; and (iii) Western Power*’s inability to provide the Affected Service* has not been caused by the User*’s default or negligence, then, for that part of the Affected Service Period* in which the User*’s Facilities and Equipment* in respect of the Affected Service* were not or would not have been subject to a scheduled or unscheduled outage by which the User*’s Facilities and Equipment* were De-energised*, the User* is relieved of its obligation under clause 7.2 and instead must pay 10% of the “Standing Charges*” (as defined in clause 7.3(b)) for the Affected Service* during that part of the Affected Service Period*. (b) Under this clause 7.3, Standing Charges* means: (i) those Charges* or components of a Charge* which apply to a Service* regardless of the actual Generation* or Consumption* by the User* in respect of that Service*, as recorded by the Metering Equipment*; and (ii) is not those components of a Charge* which are determined by reference to the actual Generation* or Consumption* by the User* in the respect of that Service*, as recorded by the Metering Equipment*.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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