Common use of DISTRIBUTION SERVICES PRICES AND PROCESS FOR CHANGING PRICES Clause in Contracts

DISTRIBUTION SERVICES PRICES AND PROCESS FOR CHANGING PRICES. 9.1 Price determination and changes: Unless otherwise agreed with the Retailer (such agreement not to be unreasonably withheld or delayed), the Distributor may change its Prices no more than once in any period of 12 consecutive months, unless a Price change results from: (a) a change in any “pass-through costs” and/or “recoverable costs” as defined in the Commerce Act (Gas Distribution Services Input Methodologies) Determination 2010, as amended or substituted from time to time; or (b) the Distributor providing new Distribution Services or materially changing existing Distribution Services, provided that any proposed price change will only apply to ICPs affected by the change in Distribution Services; or (c) a change in the law (including any regulations and rules); or (d) any determination, direction or decision of a regulatory agency. Nothing in this clause 9.1 prevents the Distributor from decreasing a Price without the Retailer’s agreement, or from increasing a Price if agreed by the Retailer. Schedule 8 to this agreement will be deemed to be amended to reflect changes to the Prices pursuant to this clause 9.

DISTRIBUTION SERVICES PRICES AND PROCESS FOR CHANGING PRICES. 9.1 Price determination and Tariff Rate changes: Unless otherwise agreed with the Retailer (such agreement not to be unreasonably withheld or delayed), the Distributor may change its Prices Tariff Rates no more than once in any period of 12 consecutive months, unless a Price Tariff Rate change results from: (a) a change in any “pass-through costs” and/or “recoverable costs” as defined in the Commerce Act (Gas Electricity Distribution Services Input Methodologies) Determination 2010, as amended or substituted from time to time; or (b) the Distributor providing new Distribution Services or materially changing existing Distribution Services, provided that any proposed price change will only apply to ICPs affected by the change in Distribution Services; or (c) a change in the law (including any regulations and rulesthe Code); or (d) any determination, direction or decision of a regulatory agency. Nothing in this clause 9.1 prevents the Distributor from decreasing a Price Tariff Rate without the Retailer’s agreement, or from increasing a Price Tariff Rate if agreed by the Retailer. Schedule 8 to this agreement will be deemed to be amended to reflect changes to the Prices Tariff Rates pursuant to this clause 9.