Common use of Ring Fencing Clause in Contracts

Ring Fencing. If Western Power* is an Integrated Provider*, then a court or tribunal, in considering whether: (a) representations made by Workers* of the Other Business* can or ought be attributed to the Network Business*, or vice versa; or (b) a notice or other information given to a Worker* of the Other Business* has been communicated, or should be deemed to have been communicated, to the Network Business*, or vice versa; or (c) a Contract* entered into by the Other Business* does or ought express or imply an intention to vary this Contract*, or vice versa, must have fair and reasonable regard to: (d) the fact that Western Power* comprises a Network Business* and an Other Business* and the distribution of personnel and responsibilities between those businesses; and (e) the intent and purpose of Western Power*’s obligations under Chapter 13 of the Code* and anything done or not done by Western Power* in connection with those obligations.

Ring Fencing. If Western Power* is an Integrated Provider*, then a court or tribunal, in considering whether: (a) representations made by Workers* of the Other Business* can or ought be attributed to the Network Business*, or vice versa; or (b) a notice or other information given to a Worker* of the Other Business* has been communicated, or should be deemed to have been communicated, to the Network Business*, or vice versa; or (c) a Contract* entered into by the Other Business* does or ought express or imply an intention to vary this Contract*, or vice versa, must have fair and reasonable regard to: (d) the fact that Western Power* comprises a Network Business* and an Other Business* and the distribution of personnel and responsibilities between those businesses; and (e) the intent and purpose of Western Power*’s obligations under Chapter 13 of the Code* and anything done or not done by Western Power* in connection with those obligations.. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32)

Ring Fencing. If Western Power* is an Integrated Provider*, then a court or tribunal, in considering whether: (a) representations made by Workers* of the Other Business* can or ought be attributed to the Network Business*, or vice versa; or (b) a notice or other information given to a Worker* of the Other Business* has been communicated, or should be deemed to have been communicated, to the Network Business*, or vice versa; or (c) a Contract* entered into by the Other Business* does or ought express or imply an intention to vary this Contract*, or vice versa, must have fair and reasonable regard to: (d) the fact that Western Power* comprises a Network Business* and an Other Business* and the distribution of personnel and responsibilities between those businesses; and (e) the intent and purpose of Western Power*’s obligations under Chapter 13 of the Code* and anything done or not done by Western Power* in connection with those obligations.. 34.35. Notices