Common use of Annual Allocation Clause in Contracts

Annual Allocation. 7.1 Subject to the balance of this clause 7, as soon as practicable after each relevant Availability Announcement during the relevant Water Year, the Company must, as soon as practicable after each relevant Availability Announcement during the relevant Water Year, credit or debit the Customer’s Water Allocation Account the same volume of Water Allocation per relevant Water Entitlement as is specified per Megalitre of share component in the Availability Announcement. 7.2 The Company is under no obligation to credit Annual Allocation into the Customer’s Water Allocation Account: (1) unless and until the Company has had water made available to it under an Access Licence, the category of which corresponds with the Customer’s Water Entitlements, in accordance with the Availability Announcement for the relevant Water Year; (2) unless and until the relevant Annual Allocation has been determined; (3) to the extent that the aggregate of the Annual Allocation and Carryover Water credited in respect of any of the Customer’s Water Entitlements in a Water Year would exceed a limit corresponding with the limit imposed by the Legal Requirements applicable in the relevant Water Year in respect of the corresponding category of Access Licence held by the Company; (4) unless and until the Company and the Customer have agreed upon satisfactory arrangements for: (a) payment of arrears (if any) of, and security for the payment of, Charges; or (b) repayment of water debts or water borrowings (including by debiting the Customer’s Water Allocation Account); (5) if crediting the Annual Allocation would, in the reasonable opinion of the Company, contravene the Company's obligations under a Legal Requirement; (6) if the Company is entitled elsewhere in the Documents to suspend the crediting of Annual Allocation into the Customer’s Water Allocation Account; or (7) if the Customer has otherwise agreed, including under any contract with the Company. 7.3 The Company may increase the Customer’s Annual Allocation, and credit the Customer’s Water Allocation Account accordingly, on one or more occasions in any Water Year, at the Company’s discretion, for any reason. The Company may, at its discretion, decrease or cancel any increase under this clause. 7.4 Water Allocation may be withdrawn or suspended by the Company to the extent that any water allocation of the Company is withdrawn or suspended under the Act. The Company must notify the Customer of a withdrawal or suspension of Water Allocation under this clause 7.4 as soon as practicable. 7.5 Despite anything to the contrary, nothing in this Contract obliges the Company to deliver, or entitles the Customer to delivery of or to take, any water.

Appears in 5 contracts

Sources: Water Entitlements Contract, Water Entitlements Contract, Water Entitlements Contract

Annual Allocation. 7.1 Subject to the balance of this clause 7, as soon as practicable after each relevant Availability Announcement during the relevant Water Year, the 6.1 The Company must, as soon as practicable after each relevant Availability Announcement during the relevant Water Year, credit or debit the Customer’s Water Allocation Account the same volume of Water Allocation per relevant Water Entitlement as is specified per Megalitre of share component in the Availability Announcement. 7.2 6.2 The Company is under no obligation to credit Annual Allocation into the Customer’s Water Allocation Account: (1) unless and until the Company has had water made available to it under an Access Licence, the category of which corresponds with the Customer’s Water Entitlements, in accordance with the Availability Announcement for the relevant Water Year; (2) unless and until the relevant Annual Allocation has been determined; (3) to the extent that the aggregate total of the Annual Allocation and Carryover Water credited in respect of any of the Customer’s Water Entitlements in a Water Year would exceed a limit corresponding with the limit imposed by the Legal Requirements applicable in the relevant Water Year in respect of the corresponding category of Access Licence held by the Company; (4) unless and until the Company and the Customer have agreed upon satisfactory arrangements for: (a) payment of arrears (if any) of, and security for the payment of, of Charges; or (b) repayment of water debts or water borrowings (including by debiting the Customer’s Water Allocation Account); (5) if crediting the Annual Allocation would, in the reasonable opinion of the Company, contravene the Company's obligations under a Legal Requirement; (6) if the Company is entitled elsewhere in the Documents to suspend the crediting of Annual Allocation into the Customer’s Water Allocation Account; or (7) if the Customer has otherwise agreed, including under any contract with the Company. 7.3 6.3 The Company may increase the Customer’s Annual Allocation, and credit the Customer’s Water Allocation Account accordingly, on one or more occasions in any Water Year, at the Company’s discretion, for any reason. The Company may, at its discretion, decrease or cancel any increase under this clause. 7.4 6.4 The Company may withdraw or suspend Water Allocation may be withdrawn or suspended by if the Company to the extent that any Company’s water allocation of the Company is withdrawn or suspended under the Act. The Company must notify the Customer of a withdrawal or suspension of Water Allocation under this clause 7.4 as soon as practicablepracticable after the withdrawal or suspension. 7.5 6.5 Despite anything to the contrary, nothing in this Contract obliges the Company to deliver, or entitles the Customer to delivery of or to take, any water.

Appears in 2 contracts

Sources: Water Entitlements Contract, Water Entitlements Contract

Annual Allocation. 7.1 Subject to the balance of this clause 7clauses 7.2, 7.3, 7.4 and 7.6, as soon as practicable after each relevant Availability Announcement during the relevant Water Year, the Company must, as soon as practicable after in respect of each relevant Availability Announcement during class of the relevant Customer’s Water YearEntitlements, credit or debit to the Customer’s Water Allocation Account the same volume of Water Allocation per relevant Water Entitlement as is specified per Megalitre of share component in the Availability AnnouncementAnnouncement with respect to the corresponding category of Access Licence held by the Company. 7.2 The Company is under no obligation to credit Annual Allocation into the Customer’s Water Allocation AccountAccount under clause 7.1: (1) unless and until the Company has had water made available to it under an Access Licence, the category of which corresponds with the Customer’s Water Entitlements, in accordance with the Availability Announcement for the relevant Water Year; (2) unless and until the relevant Annual Allocation has been determined; (3) to the extent that the aggregate of the Annual Allocation and Carryover Water credited in respect of any of the Customer’s Water Entitlements in a Water Year would exceed a limit corresponding with the limit imposed by the Legal Requirements applicable in the relevant Water Year in respect of the corresponding category of Access Licence held by the Company; (4) unless and until the Company and the Customer have agreed upon satisfactory arrangements for: (a) payment of arrears (if any) of, and security for the payment of, Charges; or (b) repayment of water debts or water borrowings (including by debiting the Customer’s Water Allocation Account); (54) if crediting the Annual Allocation wouldAllocation, in the reasonable opinion of the Company, would contravene the Company's obligations under a Legal Requirement; (65) if the Company is entitled elsewhere in the Documents to suspend the crediting of Annual Allocation into the Customer’s Water Allocation Account; or (76) if the Customer has otherwise agreed, including under any contract with the Company. 7.3 The Company may increase the Customer’s Annual Allocation, and credit the Customer’s Water Allocation Account accordingly, on one or more occasions in any Water Year, at the Company’s discretion, for any reason. The Company may, at its discretion, decrease or cancel any increase under this clause. 7.4 The Company may decrease the Customer’s Annual Allocation, and debit the Customer’s Water Allocation Account accordingly, on one or more occasions in any Water Year: (1) following a decrease in any relevant Availability Announcement; (2) if, in the reasonable opinion of the Company, restricted actual or anticipated availability justifies the decrease; or (3) if, in the reasonable opinion of the Company, compliance with the Company’s obligations under a Legal Requirement justifies the decrease. 7.5 The Company must publish the Annual Allocation and any increase or decrease under clauses 7.3 or 7.4, in percentage terms, on the Company’s web site. 7.6 Water Allocation may be withdrawn or suspended by the Company to the extent that any water allocation of the Company is withdrawn or suspended under the Act. The Company must notify the Customer of a withdrawal or suspension of Water Allocation under this clause 7.4 7.6 as soon as practicable. 7.5 7.7 Despite anything to the contrary, nothing in this Contract Part A or Part C obliges the Company to deliver, or entitles the Customer to delivery of of, or to take, any water.

Appears in 1 contract

Sources: Entitlements Contract