Common use of Transfers of capacity where the Retail Clause in Contracts

Transfers of capacity where the Retail. Market Procedures do not apply (a) Where there are no relevant Retail Market Procedures governing transfer of capacity, the User may, without Evoenergy's consent, transfer, by way of subcontract, all or any of the User's contracted capacity to another person (the third party) with the following consequences: (i) the User's rights against, and obligations to, Evoenergy under this Agreement are (subject to clause 29.3(a)(ii)) unaffected by the transfer; but (ii) the User must immediately give notice to Evoenergy of: (A) the subcontract and its likely duration; (B) the identity of the third party; and (C) the amount of the contracted capacity transferred. (b) The User may, with Evoenergy's consent, transfer all or any of the User's contracted capacity to another party (the third party) as outlined in Rule 105(3) of the National Gas Rules. Evoenergy must not withhold its consent unless it has reasonable grounds, based on technical or commercial considerations, for doing so and where the third party executes a deed of covenant in favour of Xxxxxxxxx as set out in clause 29.3(d) below. An example of a reasonable ground would be, if Evoenergy would not receive at least the same amount of revenue after the transfer than it would have received before the transfer was requested. (c) Evoenergy must reply to a request from the User for Xxxxxxxxx's consent to a transfer or assignment under clause 29.3(b) within 14 Business Days of receiving the request accompanied by all information reasonably necessary to enable Evoenergy to consider the request. If at the time the request is made, the User informs Evoenergy in writing that due to hardship, the User requires an urgent reply to its request, Evoenergy will use reasonable endeavours to respond to the request within 2 Business Days of receiving the request. (d) If Evoenergy receives a request from the User for Evoenergy's consent to a transfer or assignment under clause 29.3(b), Evoenergy may require the User to provide to Evoenergy a Deed of Covenant executed by each of the User and the third party (in a form reasonably required by Xxxxxxxxx) in favour of Xxxxxxxxx and of each other, under which: (i) the User assigns all of its rights under this Agreement to the third party and the third party accepts that assignment; (ii) the third party agrees to assume all of the User's rights and obligations under this Agreement and to accordingly comply with all of the User's obligations and assume all of the User's liabilities under this Agreement; and (iii) the User agrees to the assumption of those rights and obligations by the third party. (iv) the User consents to Evoenergy providing the third party with the details (including all details contained in the Customer List such as the MDQ and Demand Charge) regarding any Delivery Point.

Transfers of capacity where the Retail. Market Procedures do not applyapply‌ (a) Where there are no relevant Retail Market Procedures governing transfer of capacity, the User may, without Evoenergy's consent, transfer, by way of subcontract, all or any of the User's contracted capacity to another person (the third party) with the following consequences: (i) the User's rights against, and obligations to, Evoenergy under this Agreement are (subject to clause 29.3(a)(ii)) unaffected by the transfer; but (ii) the User must immediately give notice to Evoenergy of:of:‌ (A) the subcontract and its likely duration; (B) the identity of the third party; and (C) the amount of the contracted capacity transferred. (b) The User may, with Evoenergy's consent, transfer all or any of the User's contracted capacity to another party (the third party) as outlined in Rule 105(3) of the National Gas Rules. Evoenergy must not withhold its consent unless it has reasonable grounds, based on technical or commercial considerations, for doing so and where the third party executes a deed of covenant in favour of Xxxxxxxxx as set out in clause 29.3(d) below. An example of a reasonable ground would be, if Evoenergy would not receive at least the same amount of revenue after the transfer than it would have received before the transfer was requested.requested.‌ (c) Evoenergy must reply to a request from the User for Xxxxxxxxx's consent to a transfer or assignment under clause 29.3(b) within 14 Business Days of receiving the request accompanied by all information reasonably necessary to enable Evoenergy to consider the request. If at the time the request is made, the User informs Evoenergy in writing that due to hardship, the User requires an urgent reply to its request, Evoenergy will use reasonable endeavours to respond to the request within 2 Business Days of receiving the request. (d) If Evoenergy receives a request from the User for Evoenergy's consent to a transfer or assignment under clause 29.3(b), Evoenergy may require the User to provide to Evoenergy a Deed of Covenant executed by each of the User and the third party (in a form reasonably required by Xxxxxxxxx) in favour of Xxxxxxxxx and of each other, under which:which:‌ (i) the User assigns all of its rights under this Agreement to the third party and the third party accepts that assignment; (ii) the third party agrees to assume all of the User's rights and obligations under this Agreement and to accordingly comply with all of the User's obligations and assume all of the User's liabilities under this Agreement; and (iii) the User agrees to the assumption of those rights and obligations by the third party. (iv) the User consents to Evoenergy providing the third party with the details (including all details contained in the Customer List such as the MDQ and Demand Charge) regarding any Delivery Point.Point.‌

Transfers of capacity where the Retail. Market Procedures do not apply (a) Where there are no relevant Retail Market Procedures governing transfer of capacity, the User may, without EvoenergyJGN's consent, transfer, by way of subcontract, all or any of the User's contracted capacity to another person (the third party) with the following consequences: (i) the User's rights against, and obligations to, Evoenergy JGN under this Agreement are (subject to clause 29.3(a)(ii27.329.3(a)(ii)) unaffected by the transfer; but (ii) the User must immediately give notice to Evoenergy JGN of: (A) the subcontract and its likely duration; (B) the identity of the third party; and (C) the amount of the contracted capacity transferred. (b) The User may, with EvoenergyJGN's consent, transfer all or any of the User's contracted capacity to another party (the third party) as outlined in Rule rule 105(3) of the National Gas Rules. Evoenergy JGN must not withhold its consent unless it has reasonable grounds, based on technical or commercial considerations, for doing so and where the third party executes a deed of covenant in favour of Xxxxxxxxx JGN as set out in clause 29.3(d(d) below. An example of a reasonable ground would be, if Evoenergy JGN would not receive at least the same amount of revenue after the transfer than it would have received before the transfer was requested. (c) Evoenergy JGN must reply to a request from the User for XxxxxxxxxJGN's consent to a transfer or assignment under clause 29.3(b27.329.3(b) within 14 Business Days of receiving the request accompanied by all information reasonably necessary to enable Evoenergy JGN to consider the request. If at the time the request is made, the User informs Evoenergy JGN in writing that due to hardship, the User requires an urgent reply to its request, Evoenergy JGN will use reasonable endeavours to respond to the request within 2 Business Days of receiving the request. (d) If Evoenergy JGN receives a request from the User for EvoenergyJGN's consent to a transfer or assignment under clause 29.3(b27.329.3(b), Evoenergy JGN may require the User to provide to Evoenergy JGN a Deed of Covenant executed by each of the User and the third party (in a form reasonably required by XxxxxxxxxJGN) in favour of Xxxxxxxxx JGN and of each other, under which: (i) the User assigns all of its rights under this Agreement to the third party and the third party accepts that assignment; (ii) the third party agrees to assume all of the User's rights and obligations under this Agreement and to accordingly comply with all of the User's obligations and assume all of the User's liabilities under this thethis Agreement; and (iii) the User agrees to the assumption of those rights and obligations by the third party. (iv) the User consents to Evoenergy JGN providing the third party with the details (including all details contained in the Relevant Customer List such as the MDQ and Demand Charge) regarding any Delivery Point. (e) Unless otherwise agreed, any transfer made under clause 27.329.3(b) by the User will be effective only on the first Day of the Calendar Month following execution of any deed of covenant under clause 27.329.3(d)(iv).