Deemed Request Clause Samples
A Deemed Request clause establishes that a request is considered to have been made by a party under certain specified circumstances, even if no formal or explicit request was actually submitted. For example, if a party fails to respond within a set timeframe or takes certain actions, the contract may treat this as if a formal request was made. This mechanism ensures that contractual processes are not delayed by inaction or oversight, providing clarity and continuity in the administration of the agreement.
Deemed Request. (a) ActewAGL will deem the final notification by AEMO to ActewAGL that transfer of a delivery point from another Network User to the User has been completed in accordance with the Retail Market Procedures to be a Request and ActewAGL must add the relevant delivery point to the Relevant Customer List, provided that, subject to clause 11.2(b):
(i) the delivery point is already subject to a Haulage Reference Service provided by ActewAGL to the relevant Network User;
(ii) where the delivery point is to be added to the Volume Customer List, the MHQ required at that delivery point is less than or equal to 6m3/Hour;
(iii) where the delivery point is to be added to the Demand Customer List, the User has prior to initiating the transfer of the delivery point under the Retail Market Procedures:
(A) advised ActewAGL of the DPI of that delivery point and the date on which the proposed transfer will occur; and
(B) obtained ActewAGL’s written confirmation that the delivery point is subject to a Haulage Reference Service provided by ActewAGL to the relevant Network User.
(b) ActewAGL may choose to waive any one or more of the requirements set out in clause 11.2(a), in which case ActewAGL must add the relevant delivery point to the Relevant Customer List if those requirements which have not been waived have been met.
(c) ActewAGL must use reasonable endeavours to provide the written confirmation required under clause 11.2(a)(iii)(B) within 2 Business Days of receipt of advice pursuant to clause 11.2(a)(iii)(A).
(d) Where ActewAGL adds a Delivery Point pursuant to clause 11.2(a):
(i) the assigned Tariff Category for the Delivery Point, and the Assignment Date will be the same as the assigned Tariff Category and Assignment Date for that Delivery Point under the Haulage Reference Service previously provided by ActewAGL to the transferring Network User;
(ii) if the Delivery Point is a Demand Customer Delivery Point, as at the date of the transfer of the Delivery Point, the MDQ, MHQ, Load Shedding Priority or Load Shedding Priorities, Chargeable Demand, Demand Reset Date and ELMS Data for that Delivery Point under this Agreement will be the same as applied to that Delivery Point under the Haulage Reference Service previously provided by ActewAGL to the transferring Network User; and
(iii) any subsequent changes to the MDQ, MHQ, Load Shedding Priority, Chargeable Demand, Demand Reset Date and ELMS Data for that Delivery Point will be made in accordance with the terms of this Ag...
Deemed Request. The Service Provider will deem the finalAddition of an existing delivery point on receipt of churn notification byfrom AEMO
Deemed Request. Notwithstanding the foregoing, during the -------------- Construction Period, on each date which is one (1) Business Day prior to any date on which a Participant is entitled to an interest payment or a payment on account of Yield, if an Advance Request has not already been delivered pursuant thereto, the Construction Agent shall be deemed to have requested that each Participant make an Advance in an amount equal to the amount so due, due and payable on such date to each such Participant solely for the purpose of paying such amount, and no Advance Request shall be required.