Control of load by Entrant. if some load controlled by Incumbent: If either party (the “Entrant”) seeks to control all or part of a Customer’s load at a Customer’s ICP, but the other party (the “Incumbent”) has obtained the right to control all or part of the load at the same ICP in accordance with clause 5.1 or 5.2 (as the case may be), the Entrant: (a) may only control the part of the Customer’s load that the Customer has agreed the Entrant may control under an agreement with the Entrant; and (b) if any part of that load (including all of that load) is already subject to the Incumbent’s right to control, must control that part of the load in accordance with the protocol agreed under clause 5.6
Appears in 2 contracts
Sources: Distributor Agreement, Distributor Agreement
Control of load by Entrant. if some load controlled by Incumbent: If either party (the “"Entrant”") seeks to control all or part of a Customer’s 's load at a Customer’s ICP, but the other party (the “"Incumbent”") has obtained the right to control all or part of the load at the same ICP in accordance with clause 5.1 or 5.2 (as the case may be), the Entrant:
(a) may only control the part of the Customer’s load that the Customer has agreed the Entrant may control under an agreement with the Entrant; and
(b) if any part of that load (including all of that load) is already subject to the Incumbent’s right to control, must control that part of the load in accordance with the protocol agreed under clause 5.6.
Appears in 2 contracts
Sources: Distributor Agreement, Default Distributor Agreement
Control of load by Entrant. if some load controlled by Incumbent: If either party (the “Entrant”) seeks to control all or part of a Customer’s load at a Customer’s ICP, but the other party (the “Incumbent”) has obtained the right to control all or part of the load at the same ICP in accordance with clause 5.1 or 5.2 (as the case may be), the Entrant:
(a) may only control the part of the Customer’s load that the Customer has agreed the Entrant may control under an agreement with the Entrant; and
(b) if any part of that load (including all of that load) is already subject to the Incumbent’s right to control, must control that part of the load in accordance with the protocol agreed under clause 5.6
Appears in 2 contracts
Sources: Distributor Agreement, Distributor Agreement
Control of load by Entrant. if some load controlled by Incumbent: If either party (the “"Entrant”") seeks to control all or part of a Customer’s 's load at a Customer’s ICP, but the other party (the “"Incumbent”") has obtained the right to control all or part of the load at the same ICP in accordance with clause 5.1 or 5.2 (as the case may be), the Entrant:
(a) may only control the part of the Customer’s 's load that the Customer has agreed the Entrant may control under an agreement with the Entrant; and
(b) if any part of that load (including all of that load) is already subject to the Incumbent’s right to control, must control that part of the load in accordance with the protocol agreed under clause 5.6..
Appears in 1 contract
Sources: Distribution Agreement