Common use of Consequences of no access Clause in Contracts

Consequences of no access. If Evoenergy is unable to safely access a Delivery Point for any of the purposes of clause 16.6, then Evoenergy may at its option do any or all of the following: (a) estimate the Quantity of Gas delivered to that Delivery Point and render an invoice based on such estimate in the manner required by Law; and/or (b) without limiting Evoenergy's rights to curtailment, reduction or interruption of the Services in accordance with clauses 22 or 23, after providing the User with 6 Business Days' notice, cease providing the Service in respect of such Delivery Point; and/or (c) where access is required for safety reasons, after giving the User 1 Business Day’s notice replicate at a location accessible to Evoenergy, and (subject to clause 16.7(e)) at the User's reasonable cost, the Measuring Equipment at the Delivery Point; and/or (d) where access is required other than under clause 16.7(c), and Evoenergy reasonably considers it necessary to do so, Evoenergy may replicate at a location accessible to Evoenergy, and (subject to clause 16.7(e)) at the User’s reasonable cost, the Measuring Equipment at the Delivery Point, provided that prior to doing so Evoenergy engages with the User to identify what other options may be available to provide Evoenergy with safe access to the Delivery Point. (e) Evoenergy cannot recover its costs of replicating the Measuring Equipment from the User under clauses 16.7(c) or 16.7(d) where Evoenergy is unable to safely access the Delivery Point due to Evoenergy’s wilful or negligent acts or omissions.

Appears in 4 contracts

Sources: Reference Service Agreement, Reference Service Agreement, Reference Service Agreement

Consequences of no access. If Evoenergy is unable to safely access a Delivery Point for any of the purposes of clause 16.614.6, then Evoenergy may at its option do any or all of the following: (a) estimate the Quantity of Gas delivered to that Delivery Point and render an invoice based on such estimate in the manner required by Law; and/or (b) without limiting Evoenergy's rights to curtailment, reduction or interruption of the Services in accordance with clauses 22 20 or 2321, after providing the User with 6 Business Days' notice, cease providing the Service in respect of such Delivery Point; and/or (c) where access is required for safety reasons, after giving the User 1 Business Day’s notice replicate at a location accessible to Evoenergy, and (subject to clause 16.7(e14.7(e)) at the User's reasonable cost, the Measuring Equipment at the Delivery Point; and/or (d) where access is required other than under clause 16.7(c14.7(c), and Evoenergy reasonably considers it necessary to do so, Evoenergy may replicate at a location accessible to Evoenergy, and (subject to clause 16.7(eclause14.7(e)) at the User’s reasonable cost, the Measuring Equipment at the Delivery Point, provided that prior to doing so Evoenergy engages with the User to identify what other options may be available to provide Evoenergy with safe access to the Delivery Point. (e) Evoenergy cannot recover its costs of replicating the Measuring Equipment from the User under clauses 16.7(c14.7(c) or 16.7(d14.7(d) where Evoenergy is unable to safely access the Delivery Point due to Evoenergy’s wilful or negligent acts or omissions.

Appears in 2 contracts

Sources: Service Agreement, Service Agreement

Consequences of no access. If Evoenergy JGN is unable to safely access a Delivery Point for any of the purposes of clause 16.6, then Evoenergy JGN may at its option do any or all of the following: (a) estimate the Quantity of Gas delivered to that Delivery Point and render an invoice based on such estimate in the manner required by Law; and/or (b) without limiting EvoenergyJGN's rights to curtailment, reduction or interruption of the Services in accordance with clauses 22 or 23, after providing the User with 6 Business Days' notice, cease providing the Service in respect of such Delivery Point; and/or (c) where access is required for safety reasons, after giving the User 1 Business Day’s 's notice replicate at a location accessible to EvoenergyJGN, and (subject to clause 16.7(e)) at the User's reasonable cost, the Measuring Equipment at the Delivery Point; Point and/or (d) where access is required other than under clause 16.7(c), and Evoenergy JGN reasonably considers it necessary to do so, Evoenergy JGN may replicate at a location accessible to EvoenergyJGN, and (subject to clause 16.7(e)) at the User’s reasonable cost, the Measuring Equipment at the Delivery Point, provided that prior to doing so Evoenergy JGN engages with the User to identify what other options may be available to provide Evoenergy JGN with safe access to the Delivery Point. (e) Evoenergy JGN cannot recover its costs of replicating the Measuring Equipment from the User under clauses 16.7(c) or 16.7(d) where Evoenergy JGN is unable to safely access the Delivery Point due to EvoenergyJGN’s wilful or negligent acts or omissions.

Appears in 1 contract

Sources: Reference Service Agreement

Consequences of no access. If Evoenergy is unable to safely access a Delivery Point for any of the purposes of clause 16.6, then Evoenergy may at its option do any or all of the following: (a) estimate the Quantity of Gas delivered to that Delivery Point and render an invoice based on such estimate in the manner required by Law; and/orand/or‌ (b) without limiting Evoenergy's rights to curtailment, reduction or interruption of the Services in accordance with clauses 22 or 23, after providing the User with 6 Business Days' notice, cease providing the Service in respect of such Delivery Point; and/or (c) where access is required for safety reasons, after giving the User 1 Business Day’s notice replicate at a location accessible to Evoenergy, and (subject to clause 16.7(e)) at the User's reasonable cost, the Measuring Equipment at the Delivery Point; and/orand/or‌ (d) where access is required other than under clause 16.7(c), and Evoenergy reasonably considers it necessary to do so, Evoenergy may replicate at a location accessible to Evoenergy, and (subject to clause 16.7(e)) at the User’s reasonable cost, the Measuring Equipment at the Delivery Point, provided that prior to doing so Evoenergy engages with the User to identify what other options may be available to provide Evoenergy with safe access to the Delivery Point.Point.‌ (e) Evoenergy cannot recover its costs of replicating the Measuring Equipment from the User under clauses 16.7(c) or 16.7(d) where Evoenergy is unable to safely access the Delivery Point due to Evoenergy’s wilful or negligent acts or omissions.omissions.‌

Appears in 1 contract

Sources: Reference Service Agreement

Consequences of no access. If Evoenergy the Service ProviderJGN is unable to safely access a Delivery Point for any of the purposes of clause 16.615.6, then Evoenergy the Service ProviderJGN may at its option do any or all of the following: (a) estimate the Quantity of Gas delivered to that Delivery Point Point, by having regard to Gas consumption patterns for that Delivery Point, and render an invoice based on such estimate in the manner required by Law; and/or (b) without limiting Evoenergythe Service Provider'sJGN's rights to curtailment, reduction or interruption of the Services in accordance with clauses 22 21 or 2322, after providing the User with 6 Business Days' notice, cease providing the Service in respect of such Delivery Point; and/or (c) where access is required for safety reasons, after giving the User 1 Business Day’s 's notice where access is required for safety issues, and 5 Business Days' notice for all other issues, replicate at a location accessible to Evoenergythe Service Provider, andJGN, and (subject to clause 16.7(e15.7(e)) at the User's reasonable cost, the Measuring Equipment at the Delivery Point; Point and/or (d) where access is required other than under clause 16.7(c15.7(c), and Evoenergy JGN reasonably considers it necessary to do so, Evoenergy JGN may replicate at a location accessible to EvoenergyJGN, and (subject to clause 16.7(e15.7(e)) at the User’s reasonable cost, the Measuring Equipment at the Delivery Point, provided that prior to doing so Evoenergy JGN engages with the User to identify what other options may be available to provide Evoenergy JGN with safe access to the Delivery Point. (e) Evoenergy JGN cannot recover its costs of replicating the Measuring Equipment from the User under clauses 16.7(c15.7(c) or 16.7(d15.7(d) where Evoenergy JGN is unable to safely access the Delivery Point due to EvoenergyJGN’s wilful or negligent acts or omissions.

Appears in 1 contract

Sources: Service Agreement

Consequences of no access. If Evoenergy JGN is unable to safely access a Delivery Point for any of the purposes of clause 16.616.216.6, then Evoenergy JGN may at its option do any or all of the following: (a) estimate the Quantity of Gas delivered to that Delivery Point Point, by having regard to Gas consumption patterns for that Delivery Point, and render an invoice based on such estimate in the manner required by Law; and/or (b) without limiting EvoenergyJGN's rights to curtailment, reduction or interruption of the Services in accordance with clauses 22 or 23, after providing the User with 6 Business Days' notice, cease providing the Service in respect of such Delivery Point; and/or (c) where access is required for safety reasons, after giving the User 1 Business Day’s 's notice where access is required for safety issues, and 5 Business Days' notice for all other issues, replicate at a location accessible to EvoenergyJGN, and (subject to clause 16.7(e)) at the User's reasonable cost, the Measuring Equipment at the Delivery Point; . and/or (d) where access is required other than under clause 16.7(c), and Evoenergy JGN reasonably considers it necessary to do so, Evoenergy JGN may replicate at a location accessible to EvoenergyJGN, and (subject to clause 16.7(e)) at the User’s reasonable cost, the Measuring Equipment at the Delivery Point, provided that prior to doing so Evoenergy JGN engages with the User to identify what other options may be available to provide Evoenergy JGN with safe access to the Delivery Point. (e) Evoenergy JGN cannot recover its costs of replicating the Measuring Equipment from the User under clauses 16.7(c) or 16.7(d) where Evoenergy JGN is unable to safely access the Delivery Point due to EvoenergyJGN’s wilful or negligent acts or omissions.

Appears in 1 contract

Sources: Reference Service Agreement