Common use of Changes to Maximum Capacity Clause in Contracts

Changes to Maximum Capacity. ‌ (a) Access Right Holder’s right to export electricity from the Connection Point at any time is limited to the Maximum Capacity. (b) EnergyCo may:‌ (i) approve an increase to the Maximum Capacity in accordance with clause 12(2) of the Access Scheme Declaration; or (ii) reduce the Maximum Capacity in accordance with clause 12(4) of the Access Scheme Declaration if, at any time following First Commissioning: (A) the Project is not capable of exporting electrical energy through the Connection Point up to the Maximum Capacity (not including where the Project is not capable of exporting electrical energy through the Connection Point up to the Maximum Capacity solely due to any AEMO hold point requirements for commissioning or any staging of the Project development by Access Right Holder); and (B) Access Right Holder is not using its best endeavours to ensure that the Project becomes capable of exporting electrical energy through the Connection Point up to the Maximum Capacity, and provided that any reduction in Maximum Capacity must only be to the extent that EnergyCo considers, acting reasonably, that Access Right Holder will not utilise the reduction in Maximum Capacity; and (iii) in its absolute discretion, approve a reduction in the Maximum Capacity in accordance with clause 12(4) of the Access Scheme Declaration following a request from Access Right Holder.‌ (c) When determining whether to exercise its discretion to approve a reduction to the Maximum Capacity under clause 18.1(b)(iii), EnergyCo will: (i) consider matters including: (A) whether the reduction in Maximum Capacity is required by the planning approval for the Project, or any other matter occurring after the Signing Date that Access Right Holder could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice; and (B) the objects of the EII Act; and (ii) consult with the Consumer Trustee and SFV for the purposes of making a determination under clause 18.1(b)(iii). (d) Any change to the Maximum Capacity pursuant to clause 18.1(b) will only be effective on and from the date on which the Access Rights Register is updated by EnergyCo to reflect that change in accordance with clause 12(5) of the Access Scheme Declaration.

Changes to Maximum Capacity. ‌ (a) Access Right Holder’s right to export electricity from the Connection Point at any time is limited to the Maximum Capacity. (b) EnergyCo may:‌ (i) approve an increase to the Maximum Capacity in accordance with clause 12(2) of the Access Scheme Declaration; or (ii) reduce the Maximum Capacity in accordance with clause 12(4) of the Access Scheme Declaration if, at any time following First Commissioning:the date that Commissioning Readiness is achieved:‌ (A) the Project is not capable of exporting electrical energy through the Connection Point up to the Maximum Capacity (not including where the Project is not capable of exporting electrical energy through the Connection Point up to the Maximum Capacity solely due to any AEMO hold point requirements for commissioning or any staging of the Project development by Access Right Holder); and (B) Access Right Holder is not using its best endeavours to ensure that the Project becomes capable of exporting electrical energy through the Connection Point up to the Maximum Capacity, and provided that any reduction in Maximum Capacity under this subparagraph (b)(ii) must only be to the extent that EnergyCo considers, considers (acting reasonably, ) that Access Right Holder will not utilise the reduction in Maximum Capacity; and (iii) in its absolute discretion, approve a reduction in the Maximum Capacity in accordance with clause 12(4) of the Access Scheme Declaration following a request from Access Right Holder.‌ (c) When determining whether to exercise its discretion to approve a reduction to the Maximum Capacity under clause 18.1(b)(iii19.1(b)(iii), EnergyCo will: (i) consider matters including: (A) whether the reduction in Maximum Capacity is required by the planning approval for the Project, or any other matter occurring after the Signing Date that Access Right Holder could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice; and (B) the objects of the EII Act; and (ii) consult with the Access Right Holder, Consumer Trustee and SFV for the purposes of making a determination under clause 18.1(b)(iii19.1(b)(iii). (d) Any change to the Maximum Capacity pursuant to under clause 18.1(b19.1(b) will only be effective on and from the date on which the Access Rights Register is updated by EnergyCo to reflect that change in accordance with clause 12(5) of the Access Scheme Declaration.