Common use of Variation to Construction Program and/or Charges Clause in Contracts

Variation to Construction Program and/or Charges. (a) Subject to clause 5.2(b), the Distributor may give the Customer a written notice requesting a variation to the Construction Program and/or the Charges if: (i) it becomes apparent upon completion of the Construction Design that the Construction Program needs to be adjusted; (ii) there is a physical condition on the Land or anywhere else where the Works are to be undertaken which differs from the physical conditions which should reasonably have been anticipated by the Distributor; (iii) the Distributor defers the Works upon written request of the Customer; (iv) the Distributor forms a reasonable opinion that the Customer is unlikely to require connection of supply of electricity at the Land at the Completion Date; (v) the Distributor forms a reasonable opinion that an event beyond the control of the Distributor has interfered with construction of the Works; (vi) the Distributor forms a reasonable opinion that the Customer's instructions, or part thereof, on which the Works were based have altered; (vii) the Distributor forms a reasonable opinion that the Customer has not disclosed all necessary information to the Distributor for the proper design or construction of the Works; (viii) the obligations contained in clause 4.5 (Customer’s Obligations) or clause 5.2 (Payment Obligations) have not been satisfied; (ix) necessary to comply with a plan of subdivision, or the Road Management Act (Vic) 2004 (or any regulations or determinations under that Act); (x) the Customer has accepted a variation to the Drawing pursuant to clause 4.3(c); (xi) the Customer causes any delay to the Works or has requested that Works be carried out in a way that does not meet the least cost technically acceptable basis of carrying out the Works; (xii) if any change to any relevant law comes into effect on or after the Commencement Date which causes the Distributor to incur more cost than otherwise would have been incurred in performing the Works; (xiii) no allowance or an insufficient allowance was made for the removal of rock, contaminated soil and/or contaminated water; or (xiv) any condition precedent specified in clause 3 has not been satisfied by the Customer on or before the Start Date. (b) The Distributor is not required to commence or continue with the Works if the Customer fails to comply with any of its obligations under this Contract, including payment of the Charges. (c) If, within 10 Business Days of the Customer receiving the notice under clause 4.4(a), the parties are not able to agree to the variation to the Construction Program and/or the Charges, either party may terminate this Contract immediately. Unless it is not reasonable to do so or the Customer requests otherwise, the Distributor will stop carrying out the Works during the 10 Business Days period. The Completion Date will be automatically extended by the same number of Business Days during which the Distributor stops carrying out the Works. (d) Where the Distributor requests a variation to the Construction Program pursuant to clause 4.4, the Distributor will use its reasonable endeavours to ensure the adjusted Construction Program allows the Works to be performed as soon as is reasonably possible by the Distributor after taking into consideration the Distributor’s operational priorities and the date that the Customer requires connection of supply of electricity at the Connection Point.

Variation to Construction Program and/or Charges. (a) Subject to clause 5.2(b), the Distributor may give the Customer a written notice requesting a variation to the Construction Program and/or the Charges if: (i) it becomes apparent upon completion of the Construction Design that the Construction Program needs to be adjusted; (ii) there is a physical condition on the Land or anywhere else where the Works are to be undertaken which differs from the physical conditions which should reasonably have been anticipated by the Distributor; (iii) the Distributor defers the Works upon written request of the Customer; (iv) the Distributor forms a reasonable opinion that the Customer is unlikely to require connection of supply of electricity at the Land at the Completion DateDate (having consulted with the Customer and taken into account the discussions with, and any other information provided by, the Customer); (v) the Distributor forms a reasonable opinion that an event beyond the control of the Distributor has interfered with construction of the Works; (vi) the Distributor forms a reasonable opinion that the Customer's instructions, or part thereof, on which the Works were based have altered; (vii) the Distributor forms a reasonable opinion that the Customer has not disclosed all necessary information to the Distributor for the proper design or construction of the Works; (viii) the obligations contained in clause 4.5 (Customer’s Obligations) or clause 5.2 (Payment Obligations) have not been satisfied; (ix) necessary to comply with a plan of subdivision, or the Road Management Act (Vic) 2004 (or any regulations or determinations under that Act); (x) the Customer has accepted a variation to the Drawing pursuant to clause 4.3(c); (xi) the Customer causes any delay to the Works or has requested that Works be carried out in a way that does not meet the least cost technically acceptable basis of carrying out the Works; (xii) if any change to any relevant law comes into effect on or after the Commencement Date which causes the Distributor to incur more cost than otherwise would have been incurred in performing the Works; (xiii) no allowance or an insufficient allowance was made for the removal of rock, contaminated soil and/or contaminated water; (xiv) no allowance or an insufficient allowance was made for activities associated with vegetation clearance, environmental approvals, cultural heritage management approvals, easement negotiations, planning permits and/or third party approvals; (xv) there is a delay in the granting of approvals, consents or permits from a third party; or (xivxvi) any condition precedent specified in clause 3 has not been satisfied by the Customer on or before the Start Date. (b) The Distributor is not required to commence or continue with the Works if the Customer fails to comply with any of its obligations under this Contract, including payment of the Charges. (c) If, within 10 Business Days of the Customer receiving the notice under clause 4.4(a), the parties are not able to agree to the variation to the Construction Program and/or the Charges, either party may terminate this Contract immediately. Unless it is not reasonable to do so or the Customer requests otherwise, the Distributor will stop carrying out the Works during the 10 Business Days period. The Completion Date will be automatically extended by the same number of Business Days during which such period as notified in writing by the Distributor stops carrying out to the WorksCustomer, acting reasonably and after taking into consideration the Distributor’s operational priorities. (d) Where the Distributor requests a variation to the Construction Program pursuant to clause 4.4, the Distributor will use its reasonable endeavours to ensure the adjusted Construction Program allows the Works to be performed as soon as is reasonably possible by the Distributor after taking into consideration the Distributor’s operational priorities and the date that the Customer requires connection of supply of electricity at the Connection Point.

Variation to Construction Program and/or Charges. (a) Subject to clause 5.2(b), the Distributor may give the Customer a written notice requesting a variation to the Construction Program and/or the Charges if: (i) it becomes apparent upon completion of the Construction Design that the Construction Program needs to be adjusted; (ii) there is a physical condition on the Land or anywhere else where the Works are to be undertaken its near surrounds which differs from the physical conditions which should reasonably have been anticipated by the Distributor; (iii) the Distributor defers the Works upon written request of the Customer; (iv) the Distributor forms a reasonable opinion that the Customer is unlikely to require connection of supply of electricity at the Land at the Completion Date; (v) the Distributor forms a reasonable opinion that an event beyond the control of the Distributor has interfered with construction of the Works; (viv) the Distributor forms a reasonable opinion that the Customer's instructions, or part thereof, on which the Works were based have altered; (viivi) the Distributor forms a reasonable opinion that the Customer has not disclosed all necessary information to the Distributor for the proper design or construction of the Works; (viiivii) the obligations contained in clause 4.5 4.4 (Customer’s Obligations) or clause 5.2 (Payment Obligations) have not been satisfied; (ixviii) necessary to comply with a plan of subdivision, or the Road Management Act (Vic) 2004 (or any regulations or determinations under that Act); (xix) the Customer has accepted a variation to the Drawing pursuant to clause 4.3(c4.2(c); (xix) the Customer causes any delay to the Works or has requested that Works be carried out in a way that does not meet the least cost technically acceptable basis of carrying out the Works; (xiixi) if any change to any relevant law comes into effect on or after the Commencement Date which causes the Distributor to incur more cost than otherwise would have been incurred in performing the Works; (xiiixii) no allowance or an insufficient allowance was made for the removal of rock, contaminated soil and/or contaminated water; or (xivxiii) any condition precedent specified in clause 3 has not been satisfied by the Customer on or before the Start Date. (b) The the Distributor is not required to commence or continue with the Works if the Customer fails to comply with any of its obligations under this Contract, including payment of the Charges. (c) If, within 10 Business Days of the Customer receiving the notice under clause 4.4(a4.3(a), the parties are not able to agree to the variation to the Construction Program and/or the Charges, either party may terminate this Contract immediately. Unless it is not reasonable to do so or the Customer requests otherwise, the Distributor will stop carrying out the Works during the 10 Business Days period. The Completion Date will be automatically extended by the same number of Business Days during which the Distributor stops carrying out the Works. (d) Where the Distributor requests a variation to the Construction Program pursuant to clause 4.44.3, the Distributor will use its reasonable endeavours to ensure the adjusted Construction Program allows the Works to be performed as soon as is reasonably possible by the Distributor after taking into consideration the Distributor’s operational priorities and the date that the Customer requires connection of supply of electricity at the Connection Pointpriorities.

Variation to Construction Program and/or Charges. (a) Subject to clause 5.2(b), the Distributor may give the Customer a written notice requesting a variation to the Construction Program and/or the Charges if: (i) it becomes apparent upon completion of the Construction Design that the Construction Program needs to be adjusted; (ii) there is a physical condition on the Land or anywhere else where the Works are to be undertaken which differs from the physical conditions which should reasonably have been anticipated by the Distributor; (iii) the Distributor defers the Works upon written request of the Customer; (iv) the Distributor forms a reasonable opinion that the Customer is unlikely to require connection of supply of electricity at the Land at the Completion Date; (v) the Distributor forms a reasonable opinion that an event beyond the control of the Distributor has interfered with construction of the Works; (vi) the Distributor forms a reasonable opinion that the Customer's instructions, or part thereof, on which the Works were based have altered; (vii) the Distributor forms a reasonable opinion that the Customer has not disclosed all necessary information to the Distributor for the proper design or construction of the Works; (viii) the obligations contained in clause 4.5 (Customer’s Obligations) or clause 5.2 (Payment Obligations) have not been satisfied; (ix) necessary to comply with a plan of subdivision, or the Road Management Act (Vic) 2004 (or any regulations or determinations under that Act); (x) the Customer has accepted a variation to the Drawing pursuant to clause 4.3(c); (xi) the Customer causes any delay to the Works or has requested that Works be carried out in a way that does not meet the least cost technically acceptable basis of carrying out the Works; (xii) if any change to any relevant law comes into effect on or after the Commencement Date which causes the Distributor to incur more cost than otherwise would have been incurred in performing the Works; (xiii) no allowance or an insufficient allowance was made for the removal of rock, contaminated soil and/or contaminated water; or (xiv) any condition precedent specified in clause 3 has not been satisfied by the Customer on or before the Start Date. (b) The Distributor is not required to commence or continue with the Works if the Customer fails to comply with any of its obligations under this Contract, including payment of the Charges. (c) If, within 10 Business Days of the Customer receiving the notice under clause 4.4(a), the parties are not able to agree to the variation to the Construction Program and/or the Charges, either party may terminate this Contract immediately. Unless it is not reasonable to do so or the Customer requests otherwise, the Distributor will stop carrying out the Works during the 10 Business Days period. The Completion Date will be automatically extended by the same number of Business Days during which the Distributor stops carrying out the Works. (d) Where the Distributor requests a variation to the Construction Program pursuant to clause 4.4, the Distributor will use its reasonable endeavours to ensure the adjusted Construction Program allows the Works to be performed as soon as is reasonably possible by the Distributor after taking into consideration the Distributor’s operational priorities Distributor and the date that the Customer requires connection of supply of electricity at the Connection Point.