Common use of Reference Service Standard Clause in Contracts

Reference Service Standard. (a) Subject to clause 4.4(b), in each Reference Service Year the Reference Service Actual Availability will not be less than the Reference Service Availability Standard. (b) User acknowledges and agrees that, despite anything to the contrary in this Agreement, if the Reference Service Actual Availability for a Reference Service Year is less than the Reference Service Availability Standard then the: (i) sole right of User against ADEWAP; and (ii) sole liability of ADEWAP to User, will be for User to receive from ADEWAP the Availability Adjustment Amount for that Reference Service Year as determined in accordance with clause 2.2 of Schedule 5. (c) Except to the extent that ADEWAP has a liability to User under clause 4.4(b) and despite anything to the contrary in this Agreement, ADEWAP will have no liability to User for any failure to provide User with the Reference Service.