Modification Procedure. 4.2.1 Where a Party wishes to modify any of its Connection Facilities such that they will or may not be compatible with the other Party's Connection Facilities: (a) the modifyingnotice given by the Modifying Party under paragraph 2.2.4 shall applyoperate as a request to the other Party for its consent to the modification; (b) the other Party shall not unreasonably withhold or delay its consent to the modification; and (c) if the other Party consents to the modification, the modifying Party shall reimburse to the other Party the costs incurred by the other Party of modifying, or changing the operation or maintenance of, its Connection Facilities in order to maintain the compatibility between the Parties' Connection Facilities. 4.2.2 Where either Party is required to modify any of the Connection Facilities at an Offtake in order to ensure compliance with any Legal Requirement which did not exist at the time at which the Connection Facilities were installed: (a) the Parties shall consult in respect of the modification to be made and any other modification necessary to ensure the continued compatibility of the Connection Facilities; (b) the Party required to make such modification shall not require the consent of the other Party for such modification (but without prejudice to any other provision of this Document governing the carrying of the works required for such modification); (c) (subject to paragraph 2.5.1) each Party shall bear its own costs of modifying its own Connection Facilities; (d) the Parties shall co-operate with each other to ensure that the required modifications are made in a timely manner.
Appears in 1 contract
Sources: Supplemental Agreement
Modification Procedure. 4.2.1 Where a Party wishes to modify any of its Connection Facilities such that they will or may not be compatible with the other Party's Connection Facilities:
(a) the modifyingnotice notice given by the Modifying Party under paragraph 2.2.4 shall applyoperate operate as a request to the other Party for its consent to the modification;
(b) the other Party shall not unreasonably withhold or delay its consent to the modification; and
(c) if the other Party consents to the modification, the modifying Party shall reimburse to the other Party the costs incurred by the other Party of modifying, or changing the operation or maintenance of, its Connection Facilities in order to maintain the compatibility between the Parties' Connection Facilities.
4.2.2 Where either Party is required to modify any of the Connection Facilities at an Offtake in order to ensure compliance with any Legal Requirement which did not exist at the time at which the Connection Facilities were installed:
(a) the Parties shall consult in respect of the modification to be made and any other modification necessary to ensure the continued compatibility of the Connection Facilities;
(b) the Party required to make such modification shall not require the consent of the other Party for such modification (but without prejudice to any other provision of this Document governing the carrying of the works required for such modification);
(c) (subject to paragraph 2.5.1) each Party shall bear its own costs of modifying its own Connection Facilities;
(d) the Parties shall co-operate with each other to ensure that the required modifications are made in a timely manner.
Appears in 1 contract
Sources: Supplemental Agreement