Common use of Variation to Declared Drainage Area Clause in Contracts

Variation to Declared Drainage Area. (a) If the Customer is the owner of land all or part of which is located within the Declared Drainage Area, the Customer and the Scheme Owner may agree in writing that all or part of the relevant part of the land owned by the Customer which is located within the Declared Drainage Area (Excluded Drainage Area) is excluded from the Declared Drainage Area (Excluded Drainage Area Agreement). (b) If there is an Excluded Drainage Area Agreement: (i) the Declared Drainage Area is deemed to exclude the Excluded Drainage Area and the Scheme Owner must promptly publish on the Scheme Owner’s Website an updated map of the Declared Drainage Area to reflect the exclusion of the Excluded Drainage Area; (ii) the Scheme Owner ceases to have any obligation to provide the Drainage Services to the extent they relate to the Excluded Drainage Area; and (iii) the Customer ceases to be obliged to pay the Drainage Charges in respect of the Excluded Drainage Area, provided that nothing in this clause 6.1 limits or relieves the Customer from any obligation to pay any Drainage Charges which may be invoiced or incurred before the date on which the Excluded Drainage Area Agreement is made. (c) Unless otherwise agreed in the Excluded Drainage Area Agreement, an Excluded Drainage Area Agreement has the effect of permanently excluding the Excluded Drainage Area from the Declared Drainage Area.

Variation to Declared Drainage Area. (a) If the Customer is the owner of land all or part of which is located within the Declared Drainage Area, the Customer and the Scheme Owner may agree in writing that all or part of the relevant part of the land owned by the Customer which is located within the Declared Drainage Area (Excluded Drainage Area) is excluded from the Declared Drainage Area (Excluded Drainage Area Agreement). (b) If there is an Excluded Drainage Area Agreement: (i) the Declared Drainage Area is deemed to exclude the Excluded Drainage Area and the Scheme Owner must promptly publish on the Scheme Owner’s Website an updated map of the Declared Drainage Area to reflect the exclusion of the Excluded Drainage Area; (ii) the Scheme Owner ceases to have any obligation to provide the Drainage Services to the extent they relate to the Excluded Drainage Area; and (iii) the Customer ceases to be obliged to pay the Drainage Charges in respect of the Excluded Drainage Area, provided that nothing in this clause 6.1 20.1 limits or relieves the Customer from any obligation to pay any Drainage Charges which may be invoiced or incurred before the date on which the Excluded Drainage Area Agreement is made. (c) Unless otherwise agreed in the Excluded Drainage Area Agreement, an Excluded Drainage Area Agreement has the effect of permanently excluding the Excluded Drainage Area from the Declared Drainage Area.