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 APA DEWAP; and (ii) sole liability of APA DEWAP to User, will be for User to receive from APA DEWAP the Availability Adjustment Amount for that Reference Service Year as determined in accordance with clause 2.2 of Schedule 5.

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 APA DEWAPADEWAP; and (ii) sole liability of APA DEWAP ADEWAP to User, will be for User to receive from APA DEWAP ADEWAP the Availability Adjustment Amount for that Reference Service Year as determined in accordance with clause 2.2 of Schedule 5.