Common use of Western Power’s representations and warranties Clause in Contracts

Western Power’s representations and warranties. (a) Western Power* represents and warrants to the User* that: (i) Western Power* has complied with the Applications and Queuing Policy* in the Access Arrangement* and the requirements in the Code* in respect of the User’s* Application* under the Access Arrangement*; and (ii) Western Power*’s obligations under this Contract* are valid and binding and are enforceable against Western Power* under their terms; and (iii) this Contract* and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* or any of Western Power*’s obligations or undertakings by which Western Power* or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and (iv) neither Western Power* nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise). (b) The representations and warranties in clause 18.1(c) are to be taken to be made on each day on which: (i) this Contract* is in effect; or (ii) any amount payable by Western Power* to the User* under this Contract* is or may be outstanding. (c) To the maximum extent permitted by Law*, the only warranties given by and terms which apply to Western Power* under this Contract* are those expressly contained in this Contract*, and all warranties and terms implied by Law*, including those on the part of Western Power* implied by the Competition and Consumer Xxx 0000Xxxxx Practices Xxx 0000 of the Commonwealth or the Fair Trading Act 1987(WA)) or any other Law* to similar effect do not apply to this Contract*. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32) (d) If at Law* the exclusion of any warranty or term is prohibited, then Western Power*’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law*. For example, where any Law* permits Western Power* to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power*’s liability will be so limited.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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Western Power’s representations and warranties. (a) Western Power* Power represents and warrants to the User* User that: (i) Western Power* Power has complied with the Applications and Queuing Policy* Policy in the Access Arrangement* Arrangement and the requirements in the Code* Code in respect of the User’s* Application* ’s Application under the Access Arrangement*Arrangement provided that Western Power will not be taken to be in breach of this warranty because of a failure by Western Power to comply with the Applications and Queuing Policy or the Code which is the direct result of a breach by the User of the Applications and Queuing Policy or the Code; and (ii) Western Power*’s obligations under this Contract* Contract are valid and binding and are enforceable against Western Power* Power under their terms; and (iii) this Contract* Contract and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* Law or any of Western Power*’s obligations or undertakings by which Western Power* Power or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and (iv) neither Western Power* Power nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise). (b) The representations and warranties in clause 18.1(c18.2(a) are to be taken to be made on each day on which: (i) this Contract* Contract is in effect; or (ii) any amount payable by Western Power* Power to the User* User under this Contract* Contract is or may be outstanding. (c) To the maximum extent permitted by Law*, the only warranties given by and terms which apply to Western Power* Power under this Contract* Contract are those expressly contained in this Contract*, and all warranties and terms implied by Law*, including those on the part of Western Power* Power implied by the Competition and Consumer Xxx 0000Xxxxx Practices Xxx 0000 of the Commonwealth or the Fair Trading Act 1987(WA)19872010 (WA) or any other Law* Law to similar effect do not apply to this Contract*. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32). (d) If at Law* Law the exclusion of any warranty or term is prohibited, then Western Power*’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law*. For example, where any Law* Law permits Western Power* Power to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power*’s liability will be so limited.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Western Power’s representations and warranties. (a) Western Power* Power represents and warrants to the User* User that: (i) Western Power* Power has complied with the Applications and Queuing Policy* Policy in the Access Arrangement* Arrangement and the requirements in the Code* Code in respect of the User’s* Application* ’s Application under the Access Arrangement*Arrangement provided that Western Power will not be taken to be in breach of this warranty because of a failure by Western Power to comply with the Applications and Queuing Policy or the Code which is the direct result of a breach by the User of the Applications and Queuing Policy or the Code; and (ii) Western Power*’s obligations under this Contract* Contract are valid and binding and are enforceable against Western Power* Power under their terms; and (iii) this Contract* Contract and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* Law or any of Western Power*’s obligations or undertakings by which Western Power* Power or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and (iv) neither Western Power* Power nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise). (b) The representations and warranties in clause 18.1(c18.2(a) are to be taken to be made on each day on which: (i) this Contract* Contract is in effect; or (ii) any amount payable by Western Power* Power to the User* User under this Contract* Contract is or may be outstanding. (c) To the maximum extent permitted by Law*, the only warranties given by and terms which apply to Western Power* Power under this Contract* Contract are those expressly contained in this Contract*, and all warranties and terms implied by Law*, including those on the part of Western Power* Power implied by the Competition and Consumer Xxx 0000Xxxxx Practices Xxx 0000 Act 2010 of the Commonwealth or the Fair Trading Act 1987(WA)19872010 (WA) or any other Law* Law to similar effect do not apply to this Contract*. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32). (d) If at Law* Law the exclusion of any warranty or term is prohibited, then Western Power*’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law*. For example, where any Law* Law permits Western Power* Power to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power*’s liability will be so limited.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Western Power’s representations and warranties. (a) Western Power* Power represents and warrants to the User* User that: (i) Western Power* has complied with the Applications and Queuing Policy* in the Access Arrangement* and the requirements in the Code* in respect of the User’s* Application* under the Access Arrangement*; and (ii) Western Power*’s obligations under this Contract* Agreement are valid and binding and are enforceable against Western Power* Power under their terms; and (iiiii) this Contract* Agreement and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* Law or any of Western Power*’s obligations or undertakings by which Western Power* Power or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and (iviii) neither Western Power* Power nor any of its related bodies corporate Related Bodies Corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise); and (iv) Western Power has complied with the Applications and Queuing Policy in the Access Arrangement (to the extent relevant to this Agreement), the Communications Rules and the Metrology Procedure provided that Western Power will not be taken to be in breach of this warranty because of a failure by Western Power to comply with the Applications and Queuing Policy, the Communications Rules or the Metrology Procedure which is the direct result of a breach by the User of the Applications and Queuing Policy, the Communications Rules or the Metrology Procedure. (b) The representations and warranties in clause 18.1(c6.2(a) are to be taken to be made on each day on which: (i) this Contract* Agreement is in effect; or (ii) any amount payable by Western Power* Power to the User* User under this Contract* Agreement is or may be outstanding. (c) To the maximum extent permitted by Law*, the only warranties given by and terms which apply to Western Power* Power under this Contract* Agreement are those expressly contained in this Contract*Agreement, and all warranties and terms implied by Law*, including those on the part of Western Power* Power implied by the Competition and Consumer Xxx 0000Xxxxx Practices Xxx 0000 of the Commonwealth (Cth) or the Fair Trading Act 1987(WA)Xxx 0000 (WA) or any other Law* Law to similar effect do not apply to this Contract*. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32)Agreement. (d) If at Law* Law the exclusion of any warranty or term is prohibited, then Western Power*’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law*. For example, where any Law* Law permits Western Power* Power to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power*’s liability will be so limited.

Appears in 1 contract

Samples: Service Level Agreement

Western Power’s representations and warranties. (a) Western Power* Power represents and warrants to the User* User that: (i) Western Power* Power has complied with the Applications and Queuing Policy* Policy in the Access Arrangement* Arrangement and the requirements in the Code* Code in respect of the User’s* Application* ’s Application under the Access Arrangement*Arrangement provided that Western Power will not be taken to be in breach of this warranty because of a failure by Western Power to comply with the Applications and Queuing Policy or the Code which is the direct result of a breach by the User of the Applications and Queuing Policy or the Code; and (ii) Western Power*’s obligations under this Contract* Contract are valid and binding and are enforceable against Western Power* Power under their terms; and (iii) this Contract* Contract and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* Law or any of Western Power*’s obligations or undertakings by which Western Power* Power or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and (iv) neither Western Power* Power nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise). (b) The representations and warranties in clause 18.1(c18.2(a) are to be taken to be made on each day on which: (i) this Contract* Contract is in effect; or (ii) any amount payable by Western Power* Power to the User* User under this Contract* Contract is or may be outstanding. (c) To the maximum extent permitted by Law*, the only warranties given by and terms which apply to Western Power* Power under this Contract* Contract are those expressly contained in this Contract*, and all warranties and terms implied by Law*, including those on the part of Western Power* Power implied by the Competition and Consumer Xxx 0000Xxxxx Practices Xxx 0000 Act 2010 of the Commonwealth or the Fair Trading Act 1987(WA)2010 (WA) or any other Law* Law to similar effect do not apply to this Contract*. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32). (d) If at Law* Law the exclusion of any warranty or term is prohibited, then Western Power*’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law*. For example, where any Law* Law permits Western Power* Power to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power*’s liability will be so limited.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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Western Power’s representations and warranties. (a) Western Power* Power represents and warrants to the User* User that: (i) Western Power* Power has complied with the Applications and Queuing Policy* Policy in the Access Arrangement* Arrangement and the requirements in the Code* Code in respect of the User’s* Application* ’s Application under the Access Arrangement*Arrangement provided that Western Power will not be taken to be in breach of this warranty because of a failure by Western Power to comply with the Applications and Queuing Policy or the Code which is the direct result of a breach by the User of the Applications and Queuing Policy or the Code; and (ii) Western Power*’s obligations under this Contract* Contract are valid and binding and are enforceable against Western Power* Power under their terms; and (iii) this Contract* Contract and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* Law or any of Western Power*’s obligations or undertakings by which Western Power* Power or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and (iv) neither Western Power* Power nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise). (b) The representations and warranties in clause 18.1(c) 18.2(a) are to be taken to be made on each day on which: (i) this Contract* Contract is in effect; or (ii) any amount payable by Western Power* Power to the User* User under this Contract* Contract is or may be outstanding. (c) To the maximum extent permitted by Law*, the only warranties given by and terms which apply to Western Power* Power under this Contract* Contract are those expressly contained in this Contract*, and all warranties and terms implied by Law*, including those on the part of Western Power* Power implied by the Competition and Consumer Xxx 0000Xxxxx Practices Xxx 0000 of the Commonwealth or the Fair Trading Act 1987(WA)20101987(WA) or any other Law* Law to similar effect do not apply to this Contract*. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32). (d) If at Law* Law the exclusion of any warranty or term is prohibited, then Western Power*’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law*. For example, where any Law* Law permits Western Power* Power to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power*’s liability will be so limited.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Western Power’s representations and warranties. (a) Western Power* represents and warrants to the User* that: (i) Western Power* has complied with the Applications and Queuing Policy* in the Access Arrangement* and the requirements in the Code* in respect of the User’s* Application* under the Access Arrangement* provided that Western Power* will not be taken to be in breach of this warranty because of a failure by Western Power* to comply with the Applications and Queuing Policy* or the Code* which is the direct result of a breach by the User* of the Applications and Queuing Policy* or the Code*; and (ii) Western Power*’s obligations under this Contract* are valid and binding and are enforceable against Western Power* under their terms; and (iii) this Contract* and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* or any of Western Power*’s obligations or undertakings by which Western Power* or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and (iv) neither Western Power* nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise). (b) The representations and warranties in clause 18.1(c) are to be taken to be made on each day on which: (i) this Contract* is in effect; or (ii) any amount payable by Western Power* to the User* under this Contract* is or may be outstanding. (c) To the maximum extent permitted by Law*, the only warranties given by and terms which apply to Western Power* under this Contract* are those expressly contained in this Contract*, and all warranties and terms implied by Law*, including those on the part of Western Power* implied by the Competition and Consumer Xxx 0000Xxxxx Practices Xxx 0000 of the Commonwealth or the Fair Trading Act 1987(WA)) or any other Law* to similar effect do not apply to this Contract*. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32). (d) If at Law* the exclusion of any warranty or term is prohibited, then Western Power*’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law*. For example, where any Law* permits Western Power* to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power*’s liability will be so limited.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Western Power’s representations and warranties. (a) Western Power* represents and warrants to the User* that: (i) Western Power* has complied with the Applications and Queuing Policy* in the Access Arrangement* and the requirements in the Code* in respect of the User’s* Application* under the Access Arrangement* provided that Western Power* will not be taken to be in breach of this warranty because of a failure by Western Power* to comply with the Applications and Queuing Policy* or the Code* which is the direct result of a breach by the User* of the Applications and Queuing Policy* or the Code*; and (ii) Western Power*’s obligations under this Contract* are valid and binding and are enforceable against Western Power* under their terms; and (iii) this Contract* and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* or any of Western Power*’s obligations or undertakings by which Western Power* or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and (iv) neither Western Power* nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise). (b) The representations and warranties in clause 18.1(c) are to be taken to be made on each day on which: (i) this Contract* is in effect; or (ii) any amount payable by Western Power* to the User* under this Contract* is or may be outstanding. (c) To the maximum extent permitted by Law*, the only warranties given by and terms which apply to Western Power* under this Contract* are those expressly contained in this Contract*, and all warranties and terms implied by Law*, including those on the part of Western Power* implied by the Competition and Consumer Xxx 0000Xxxxx Practices Xxx 0000 of the Commonwealth or the Fair Trading Act 1987(WA)) or any other Law* to similar effect do not apply to this Contract*. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32). (d) If at Law* the exclusion of any warranty or term is prohibited, then Western Power*’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law*. For example, where any Law* permits Western Power* to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power*’s liability will be so limited.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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