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 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 to 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.