Common use of Latent Conditions Clause in Contracts

Latent Conditions. If TasNetworks accepts that a latent condition exists under clause 5.3(c) it must give a notice to the Customer as soon as possible that specifies at a minimum: (i) the latent condition that TasNetworks accepts exists; (ii) a statement that: (1) any Connection Offer is withdrawn; or (2) the Connection Contract is terminated immediately, whichever is appropriate; (iii) a statement that the Customer may consider negotiating a connection contract with TasNetworks; and (iv) any statement required by law. If TasNetworks becomes aware of a latent condition at any time and TasNetworks has not already been informed by the Customer of the same latent condition under clause 5.3(a): (i) where there has been no Acceptance of Offer – TasNetworks immediately withdraws any current Connection Offer; or (ii) where there has been an Acceptance of Offer, this Connection Contract is terminated immediately. Note: Where a Connection Offer is withdrawn, or a Connection Contract is terminated, under clause 5.3(c), the Customer may approach TasNetworks to negotiate an Electricity Connection Contract with TasNetworks. Where TasNetworks becomes aware of a latent condition in accordance with 6.2(b) it must give a notice to the Customer as soon as possible that specifies at a minimum: (i) the latent condition identified and the respects in which that condition differs from the anticipated condition of the site; and (ii) the information as set out under clauses 6.2(a)(ii) to (iv).

Latent Conditions. (a) If TasNetworks accepts that a latent condition exists under clause 5.3(c) it must give a notice to the Customer as soon as possible that specifies at a minimum: (i) the latent condition that TasNetworks accepts exists; (ii) a statement that: (1) any Connection Offer is withdrawn; or (2) the Connection Contract is terminated immediately, whichever is appropriate; (iii) a statement that the Customer may consider negotiating a connection contract with TasNetworks; and (iv) any statement required by law. . (b) If TasNetworks becomes aware of a latent condition at any time and TasNetworks has not already been informed by the Customer of the same latent condition under clause 5.3(a): (i) where there has been no Acceptance of Offer – TasNetworks immediately withdraws any current Connection Offer; or (ii) where there has been an Acceptance of Offer, this Connection Contract is terminated immediately. Note: Where a Connection Offer is withdrawn, or a Connection Contract is terminated, under clause 5.3(c), the Customer may approach TasNetworks to negotiate an Electricity Connection Contract with TasNetworks. . (c) Where TasNetworks becomes aware of a latent condition in accordance with 6.2(b) it must give a notice to the Customer as soon as possible that specifies at a minimum: (i) the latent condition identified and the respects in which that condition differs from the anticipated condition of the site; and (ii) the information as set out under clauses 6.2(a)(ii) to (iv).