Common use of THE USER’S RIGHT TO BE AND TO REMAIN CONNECTED TO THE COMPANY Clause in Contracts

THE USER’S RIGHT TO BE AND TO REMAIN CONNECTED TO THE COMPANY. S DISTRIBUTION SYSTEM 3.1 Subject to the terms and conditions of the DCUSA and this BCA, the User shall have the right for the User’s Distribution System to be, and to remain, Connected to the Company’s Distribution System at the Connection Points specified herein, and (subject to the DCUSA) the right to be and remain Energised. 3.2 The rights referred to in Clause 3.1 are conditional upon: 3.2.1 ‘Completion’ of the relevant Connection Assets under and in accordance with any agreement for the construction or modification of the Connection Assets so that they may be Energised; 3.2.2 the Company having procured, or the User having procured or granted to the Company in respect of land under its control, the land rights and interests for the Connection Assets as specified in Schedule 3 (and those land rights and interests remaining in force). 3.3 If the conditions set out in Clause 3.2 are not fulfilled at the date hereof each party shall use reasonable endeavours to procure the fulfilment of those conditions relating to it which have not already been fulfilled. If the conditions have not been fulfilled within three months of the date hereof, the Company shall have the right to terminate this BCA. 3.4 Once each of the conditions in Clause 3.2 has been fulfilled, each party shall use reasonable endeavours to keep such conditions relating to it fulfilled throughout the term of this BCA. 3.5 The User and the Company undertake to each other that they shall forthwith notify the other of any change of circumstances occurring hereafter as a result of which any of the above conditions ceases to apply and the User and the Company shall indemnify each other against all actions, proceedings, claims or demands brought or threatened against them by a third party as a result of any breach of the undertakings contained in Clause 3.

THE USER’S RIGHT TO BE AND TO REMAIN CONNECTED TO THE COMPANY. S DISTRIBUTION SYSTEM 3.1 Subject to the terms and conditions of the DCUSA and this BCA, the User shall shall, from the Commencement Date have the right for the User’s Distribution System to be, and to remain, Connected to the Company’s Distribution System at the Connection Points Point(s) specified herein, and (subject to the DCUSADCUSA and this BCA) the right to be and remain Energised. 3.2 The rights referred to in Clause 3.1 are conditional upon: 3.2.1 ‘Completion’ Completion of the relevant Connection Equipment and Connection Assets under and in accordance with any agreement for the construction or modification of the Connection Equipment and Connection Assets so that they may be Energised; 3.2.2 the Company having procured, or the User having procured or granted to the Company in respect of land owned, leased, operated or under its control, the land rights Land Rights and interests for the Connection Equipment and Connection Assets as specified in Schedule 3 1 (and those land rights and interests remaining in force) 3.2.3 any Land Rights granted to the User by the Company or any Affiliate of the Company remaining in full force and effect; 3.2.4 the Land Rights permitting use of, alteration of and /or sub-letting of the Company’s Premises for the connection of the User’s Distribution System to the Company’s Distribution System and any related third party consent remaining in full force and effect; and 3.2.5 any other third party consent required having been granted unconditionally; and 3.2.6 The Company shall be entitled at any time to, lawfully and without cost to it:- (a) to occupy the premises upon which the Connection Assets and Connection Equipment is placed; and (b) to exercise the Land Rights granted to it, in relation to the land upon which the Connection Assets and Connection Equipment are situated, as detailed in Schedule 1 and upon the termination of the rights created thereby for so long thereafter upon the same terms as are contained in those Land Rights as Connection of the User’s Installation to the Distribution System may be required and lawfully continued. 3.3 If the conditions set out in Clause 3.2 are not fulfilled at the date hereof each party shall use reasonable endeavours to procure the fulfilment of those conditions relating to it which have not already been fulfilled. If the conditions have not been fulfilled within three months of the date hereof, the Company shall have the right to terminate this BCA. 3.4 Once each of the conditions in Clause 3.2 has been fulfilled, each party shall use reasonable endeavours to keep such conditions relating to it fulfilled throughout the term of this BCA. 3.5 The User and the Company undertake to each other that they shall forthwith notify the other of any change of circumstances occurring hereafter as a result of which any of the above conditions ceases to apply and the User and the Company shall indemnify each other against all actions, proceedings, claims or demands brought or threatened against them by a third party as a result of any the other’s breach of the undertakings relevant to them and contained in Clause 3. The indemnified party shall not compromise or settle any such claims, costs, proceedings or demands without the written consent of the indemnifying party (which shall not be unreasonably withheld) and shall permit the indemnifying party to defend the same in the name of the indemnified party at the indemnifying party’s expense.

THE USER’S RIGHT TO BE AND TO REMAIN CONNECTED TO THE COMPANY. S DISTRIBUTION SYSTEM 3.1 Subject to the terms and conditions of the DCUSA and this BCA, the User shall have the right for the User’s Distribution System to be, and to remain, Connected to the Company’s Distribution System at the Connection Points specified herein, and (subject to the DCUSA) the right to be and remain Energised. 3.2 The rights referred to in Clause 3.1 are conditional upon: 3.2.1 [‘Completion’ ’] of the relevant Connection Assets under and in accordance with any agreement for the construction or modification of the Connection Assets so that they may be Energised; 3.2.2 the Company having procured, or the User having procured or granted to the Company in respect of land under its control, the land rights and interests for the Connection Assets as specified in Schedule 3 (and those land rights and interests remaining in force)) [or the User having provided an indemnity to the Company (on terms reasonably acceptable to the Company) in respect of the absence of such rights]; and 3.2.3 [ANY FURTHER SITE SPECIFIC CONDITIONS TO BE AGREED]. 3.3 If the conditions set out in Clause 3.2 are not fulfilled at the date hereof each party shall use reasonable endeavours to procure the fulfilment of those conditions relating to it which have not already been fulfilled. If the conditions have not been fulfilled within three months of the date hereof, the Company shall have the right to terminate this BCA. 3.4 Once each of the conditions in Clause 3.2 has been fulfilled, each party shall use reasonable endeavours to keep such conditions relating to it fulfilled throughout the term of this BCA. 3.5 The User and the Company undertake to each other that they shall forthwith notify the other of any change of circumstances occurring hereafter as a result of which any of the above conditions ceases to apply and the User and the Company shall indemnify each other against all actions, proceedings, claims or demands brought or threatened against them by a third party as a result of any breach of the undertakings contained in Clause 3.