Common use of Retailer to include provisions in Consumer Contracts Clause in Contracts

Retailer to include provisions in Consumer Contracts. The following clauses apply in respect of the Retailer's Consumer Contracts: (a) in respect of each Consumer Contract that has been entered into prior to the Commencement Date: (i) at the next review date, or, if the Retailer is able to unilaterally vary the Consumer Contract, within 12 months after the Commencement Date (whichever is earlier), the Retailer will issue a unilateral variation to the Consumer Contract to include provisions that have substantially the same effect as the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇; or (ii) if the Retailer is unable to unilaterally vary one or more Consumer Contracts as set out in subparagraph (i), the Retailer will: (A) use all reasonable endeavours to obtain at the next review of each Consumer Contract, or within 12 months, whichever is earlier, the agreement of the Consumer to enter into a variation of the Consumer Contract to include the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor under section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇; and (B) promptly provide notice to the Distributor if it is unable to obtain the agreement of the Consumer required in subparagraph (A); or (b) in respect of each Consumer Contract that has been entered into after the Commencement Date, include the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇.

Retailer to include provisions in Consumer Contracts. The following clauses apply in respect of the Retailer's Consumer Contracts: (a) in respect of each Consumer Contract that has been entered into prior to the Commencement Datecommencement date of the first “Use of System Agreement – Electricity” entered into between the Distributor and the Retailer: (i) at the next review date, or, if the Retailer is able to unilaterally vary the Consumer Contract, within 12 months after the Commencement Date commencement date of the first “Use of System Agreement – Electricity” entered into between the Distributor and the Retailer (whichever is earlier), the Retailer will issue a unilateral variation to the Consumer Contract to include provisions that have substantially the same effect as the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇; or (ii) if the Retailer is unable to unilaterally vary one or more Consumer Contracts as set out in subparagraph (i), the Retailer will: (A) use all reasonable endeavours to obtain at the next review of each Consumer Contract, or within 12 months, months after the commencement date of the first “Use of System Agreement – Electricity” entered into between the Distributor and the Retailer (whichever is earlier), the agreement of the Consumer to enter into a variation of the Consumer Contract to include provisions that have substantially the same effect as the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor under section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇; and (B) promptly provide notice to the Distributor if it is unable to obtain the agreement of the Consumer required in subparagraph (A); or (b) in respect of each Consumer Contract that has been entered into after the Commencement Datecommencement date of the first “Use of System Agreement – Electricity” entered into between the Distributor and the Retailer, include the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇.

Retailer to include provisions in Consumer Contracts. The following clauses apply in respect of the Retailer's Consumer Contracts: (a) in respect of each Consumer Contract that has been entered into prior to the Commencement Date: (i) at the next review date, or, if the Retailer is able to unilaterally vary the Consumer Contract, within 12 months after the Commencement Date (whichever is earlier), the Retailer will issue a unilateral variation to the Consumer Contract to include provisions that have substantially the same effect as the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇; or (ii) if the Retailer is unable to unilaterally vary one or more Consumer Contracts as set out in subparagraph (i), the Retailer will: (A) use all reasonable endeavours to obtain at the next review of each Consumer Contract, or within 12 months, whichever is earlier, the agreement of the Consumer to enter into a variation of the Consumer Contract to include provisions that have substantially the same effect as the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor under section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇; and (B) promptly provide notice to the Distributor if it is unable to obtain the agreement of the Consumer required in subparagraph (A); or (b) in respect of each Consumer Contract that has been entered into after the Commencement Date, include the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇. However, to the extent that the Retailer’s standard Consumer Contract does not comply with this clause 28.1(b) as at the Commencement Date, the Retailer will not be obliged to have remedied that non-compliance until the date that is 12 months after the Commencement Date.

Retailer to include provisions in Consumer Contracts. The following clauses apply in respect of the Retailer's Consumer Contracts: (a) in respect of each Consumer Contract that has been entered into prior to the Commencement Date: (i) at the next review date, or, if the Retailer is able to unilaterally vary the Consumer Contract, within 12 months after the Commencement Date (whichever is earlier), the Retailer will issue a unilateral variation to the Consumer Contract to include provisions that have substantially the same effect as the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇Act 1982; or (ii) if the Retailer is unable to unilaterally vary one or more Consumer Contracts as set out in subparagraph (i), the Retailer will: (A) use all reasonable endeavours to obtain at the next review of each Consumer Contract, or within 12 months, months after the Commencement Date (whichever is earlier, ) the agreement of the Consumer to enter into a variation of the Consumer Contract to include provisions that have substantially the same effect as the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor under section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇Act 1982; and (B) promptly provide notice to the Distributor if it is unable to obtain the agreement of the Consumer required in subparagraph (A); or (b) in respect of each Consumer Contract that has been entered into after the Commencement Date, include the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) ▇▇▇ ▇▇▇▇Act 1982. Notwithstanding the foregoing, the parties agree that any failure by the Retailer to comply with its obligations under clause 27.1(b) during the period from the Commencement Date to 16 June 2014 (and only during that period) shall not constitute a breach of this agreement by the Retailer, provided that the Retailer complies with such obligations by 16 June 2014.