Common use of Performance Assurance Committee Clause in Contracts

Performance Assurance Committee. 16.2.1 Where paragraph 12, this paragraph 16 or the PAF Document provides for any decision to be taken by the PAC such decision shall be taken by the affirmative vote of a simple majority of the members of the committee who are appointed to represent DNOs and Shipper Users (and subject to such other procedures as the committee may establish) and the representatives of National Grid NTS who are members of the UNC Committee or any relevant sub-committee will not vote on any such matter. 16.2.2 The PAC shall have the functions set out in this paragraph 16 and the PAF Document and shall conduct itself in accordance with such terms of reference as may be adopted by the UNC Committee. 16.2.3 No member of the Performance Assurance Committee shall be liable (whether in contract or tort including negligence or otherwise) to any DNO or any Shipper User or any Trader User for anything done when acting properly in or in connection with his office under the Code, or anything done in what such member in good faith believes to be the proper exercise and discharge of the powers, duties, functions and discretions of that office in accordance with the Code; and each Transporter, Shipper User and Trader User waives any such liability that any such member may have and any claim in respect thereof. 16.2.4 Nothing contained in paragraph 16.2.3 shall exercise or limit the liability of a member of the Performance Assurance Committee: (a) for death or personal injury resulting from the negligence of such member; or (b) in any case where such member has in the exercise and discharge of its powers, duties, functions and discretions acted in bad faith or fraudulently.

Performance Assurance Committee. 16.2.1 Where paragraph 12, this paragraph 16 or the PAF Document provides for any decision to be taken by the PAC such decision shall be taken by the affirmative vote of a simple majority of the members in each of the Shipper User and DNO constituencies of the committee who are appointed to represent DNOs and Shipper Users (and subject to such other procedures as the committee may establish) and the representatives of National Grid NTS who are members of the UNC Committee or any relevant sub-committee will not vote on any such matter. 16.2.2 The PAC shall have the functions set out in this paragraph 16 and the PAF Document and shall conduct itself in accordance with such terms of reference as may be adopted by the UNC Committee. 16.2.3 No member of the Performance Assurance Committee shall be liable (whether in contract or tort including negligence or otherwise) to any DNO or any Shipper User or any Trader User for anything done when acting properly in or in connection with his their office under the Code, or anything done in what such member in good faith believes to be the proper exercise and discharge of the powers, duties, functions and discretions of that office in accordance with the Code; and each Transporter, Shipper User and Trader User waives any such liability that any such member may have and any claim in respect thereof. 16.2.4 Nothing contained in paragraph 16.2.3 shall exercise or limit the liability of a member of the Performance Assurance Committee: (a) for death or personal injury resulting from the negligence of such member; or (b) in any case where such member has in the exercise and discharge of its powers, duties, functions and discretions acted in bad faith or fraudulently.

Performance Assurance Committee. 16.2.1 Where paragraph 12, this paragraph 16 or the PAF Document provides for any decision to be taken by the PAC such decision shall be taken by the affirmative vote of a simple majority of the members in each of the Shipper User and DNO constituencies of the committee who are appointed to represent DNOs and Shipper Users (and subject to such other procedures as the committee may establish) and the representatives of National Grid NTS who are members of the UNC Committee or any relevant sub-committee will not vote on any such matter. 16.2.2 The PAC shall have the functions set out in this paragraph 16 and the PAF Document and shall conduct itself in accordance with such terms of reference as may be adopted by the UNC Committee. 16.2.3 No member of the Performance Assurance Committee shall be liable (whether in contract or tort including negligence or otherwise) to any DNO or any Shipper User or any Trader User for anything done when acting properly in or in connection with his their office under the Code, or anything done in what such member in good faith believes to be the proper exercise and discharge of the powers, duties, functions and discretions of that office in accordance with the Code; and each Transporter, Shipper User and Trader User waives any such liability that any such member may have and any claim in respect thereof. 16.2.4 Nothing contained in paragraph 16.2.3 shall exercise or limit the liability of a member of the Performance Assurance Committee: (a) for death or personal injury resulting from the negligence of such member; or (b) in any case where such member has in the exercise and discharge of its powers, duties, functions and discretions acted in bad faith or fraudulently.,

Performance Assurance Committee. 16.2.1 Where paragraph 12, this paragraph 16 or the PAF Document provides for any decision to be taken by the PAC such decision shall be taken by the affirmative vote of a simple majority of the members in each of the Shipper User and DNO constituencies of the committee who are appointed to represent DNOs and Shipper Users (and subject to such other procedures as the committee may establish) and the representatives of National Grid NTS who are members of the UNC Committee or any relevant sub-committee will not vote on any such matter. 16.2.2 The PAC shall have the functions set out in this paragraph 16 and the PAF Document and shall conduct itself in accordance with such terms of reference as may be adopted by the UNC Committee. 16.2.3 No member of the Performance Assurance Committee shall be liable (whether in contract or tort including negligence or otherwise) to any DNO or any Shipper User or any Trader User for anything done when acting properly in or in connection with his office under the Code, or anything done in what such member in good faith believes to be the proper exercise and discharge of the powers, duties, functions and discretions of that office in accordance with the Code; and each Transporter, Shipper User and Trader User waives any such liability that any such member may have and any claim in respect thereof. 16.2.4 Nothing contained in paragraph 16.2.3 shall exercise or limit the liability of a member of the Performance Assurance Committee: (a) for death or personal injury resulting from the negligence of such member; or (b) in any case where such member has in the exercise and discharge of its powers, duties, functions and discretions acted in bad faith or fraudulently.,

Performance Assurance Committee. 16.2.1 Where paragraph 12, this paragraph 16 or the PAF Document provides for any decision to be taken by the PAC such decision shall be taken by the affirmative vote of a simple majority of the members of the committee who are appointed to represent DNOs and Shipper Users (and subject to such other procedures as the committee may establish) and the representatives of National Grid NTS who are members of the UNC Committee or any relevant sub-committee will not vote on any such matter.matter.5 16.2.2 The PAC shall have the functions set out in this paragraph 16 and the PAF Document and shall conduct itself in accordance with such terms of reference as may be adopted by the UNC Committee. 16.2.3 No member of the Performance Assurance Committee shall be liable (whether in contract or tort including negligence or otherwise) to any DNO or any Shipper User or any Trader User for anything done when acting properly in or in connection with his office under the Code, or anything done in what such member in good faith believes to be the proper exercise and discharge of the powers, duties, functions and discretions of that office in accordance with the Code; and each Transporter, Shipper User and Trader User waives any such liability that any such member may have and any claim in respect thereof. 16.2.4 Nothing contained in paragraph 16.2.3 shall exercise or limit the liability of a member of the Performance Assurance Committee: (a) for death or personal injury resulting from the negligence of such member; or (b) in any case where such member has in the exercise and discharge of its powers, duties, functions and discretions acted in bad faith or fraudulently. 5 Implementation of modification 0732FT effective 05:00hrs on 14/09/2020 will amend paragraph 16.2.1.

Performance Assurance Committee. 16.2.1 Where paragraph 12, this paragraph 16 or the PAF Document provides for any decision to be taken by the PAC such decision shall be taken by the affirmative vote of a simple majority of the members in each of the Shipper User and DNO constituencies of the committee who are appointed to represent DNOs and Shipper Users (and subject to such other procedures as the committee may establish) and the representatives of National Grid NTS who are members of the UNC Committee or any relevant sub-committee will not vote on any such matter. 16.2.2 The PAC shall have the functions set out in this paragraph 16 and the PAF Document and shall conduct itself in accordance with such terms of reference as may be adopted by the UNC Committee. 16.2.3 No member of the Performance Assurance Committee shall be liable (whether in contract or tort including negligence or otherwise) to any DNO or any Shipper User or any Trader User for anything done when acting properly in or in connection with his office under the Code, or anything done in what such member in good faith believes to be the proper exercise and discharge of the powers, duties, functions and discretions of that office in accordance with the Code; and each Transporter, Shipper User and Trader User waives any such liability that any such member may have and any claim in respect thereof. 16.2.4 Nothing contained in paragraph 16.2.3 shall exercise or limit the liability of a member of the Performance Assurance Committee: (a) for death or personal injury resulting from the negligence of such member; or (b) in any case where such member has in the exercise and discharge of its powers, duties, functions and discretions acted in bad faith or fraudulently.

Performance Assurance Committee. 16.2.1 Where paragraph 12, this paragraph 16 or the PAF Document provides for any decision to be taken by the PAC such decision shall be taken by the affirmative vote of a simple majority of the members in each of the Shipper User and DNO constituencies of the committee who are appointed to represent DNOs and Shipper Users (and subject to such other procedures as the committee may establish) and the representatives of National Grid NTS who are members of the UNC Committee or any relevant sub-committee will not vote on any such matter. 16.2.2 The PAC shall have the functions set out in this paragraph 16 and the PAF Document and shall conduct itself in accordance with such terms of reference as may be adopted by the UNC Committee. 16.2.3 No member of the Performance Assurance Committee shall be liable (whether in contract or tort including negligence or otherwise) to any DNO or any Shipper User or any Trader User for anything done when acting properly in or in connection with his their office under the Code, or anything done in what such member in good faith believes to be the proper exercise and discharge of the powers, duties, functions and discretions of that office in accordance with the Code; and each Transporter, Shipper User and Trader User waives any such liability that any such member may have and any claim in respect thereof. 16.2.4 Nothing contained in paragraph 16.2.3 shall exercise or limit the liability of a member of the Performance Assurance Committee: (a) for death or personal injury resulting from the negligence of such member; or (b) in any case where such member has in the exercise and discharge of its powers, duties, functions and discretions acted in bad faith or fraudulently.