Common use of Deemed Request Clause in Contracts

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 Agreement.

Deemed Request. (a) ActewAGL The Service Provider will deem the final notification by AEMO to ActewAGL the Service Provider 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 the Service Provider 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 the Service Provider 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 the Service Provider of the DPI of that delivery point and the date on which the proposed transfer will occur; and (B) obtained ActewAGLthe Service Provider’s written confirmation that the delivery point is subject to a Haulage Reference Service provided by ActewAGL the Service Provider to the relevant Network User. (b) ActewAGL The Service Provider may choose to waive any one or more of the requirements set out in clause 11.2(a), in which case ActewAGL the Service Provider must add the relevant delivery point to the Relevant Customer List if those requirements which have not been waived have been met. (c) ActewAGL The Service Provider 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 the Service Provider adds a Delivery Point pursuant to clause 11.2(a): (i) the assigned Tariff Category Class for the Delivery Point, and the Assignment Date will be the same as the assigned Tariff Category Class and Assignment Date for that Delivery Point under the Haulage Reference Service previously provided by ActewAGL the Service Provider 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 the Service Provider 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 Agreement.

Deemed Request. Addition of an existing delivery point on receipt of churn notification from AEMO (a) ActewAGL JGN will deem the final finalFinal notification by AEMO to ActewAGL JGN that transfer of a delivery point from another Network User (Outgoing User) to the User has been completed in accordance with the Retail Market Procedures will be deemed to be a Request and ActewAGL JGN must add the relevant delivery point to the Relevant Relevantrelevant 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 JGN to the relevant Network NetworkOutgoing 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 JGN of the DPI DPIMIRN of that delivery point and the date on which the proposed transfer will occur; and (B) obtained ActewAGLJGN’s written confirmation that the delivery point is subject to a Haulage Reference Service provided by ActewAGL JGN to the relevant Network NetworkOutgoing User. (b) ActewAGL JGN may choose to waive any one or more of the requirements set out in clause 11.2(a), in which case ActewAGL JGN must add the relevant delivery point to the Relevant Customer List if ifon satisfaction of those requirements which have not been waived have been met. (c) ActewAGL JGN 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 JGN addsa delivery point is added as a Delivery Point to the User’s Customer List pursuant to clause 11.2(a):) then unless otherwise agreed by JGN: (i) the assigned Tariff Category Class for the Delivery Point, and the Assignment Date will be the same as the assigned Tariff Category Class and Assignment Date for that Delivery Point under the Haulage Reference Service previously provided by ActewAGL JGN to the transferring Network NetworkOutgoing 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 JGN to the transferring Network NetworkOutgoing 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 Agreement.

Deemed Request. (a) ActewAGL The Service Provider will deem the final notification by AEMO to ActewAGL the Service Provider 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 pursuant to clause 11.1 and ActewAGL the Service Provider 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 the Service Provider to the relevant Network User; (ii) where the delivery point is to be added to the for a Volume Customer ListDelivery Point, 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 for a Demand Customer ListDelivery Point, the User has prior to initiating the transfer of the delivery point under the Retail Market Procedures: (A) advised ActewAGL the Service Provider of the DPI of that delivery point and the date on which the proposed transfer will occur; and (B) obtained ActewAGLthe Service Provider’s written confirmation that the delivery point is subject to a Haulage Reference Service provided by ActewAGL the Service Provider to the relevant Network User. (b) ActewAGL The Service Provider may choose to waive any one or more of the requirements set out in clause 11.2(a), in which case ActewAGL the Service Provider must add the relevant delivery point to the Relevant Customer List if those requirements which have not been waived have been met. (c) ActewAGL The Service Provider 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)11.2(a)(i) . (d) Where ActewAGL the Service Provider adds a Delivery Point pursuant to clause 11.2(a): (i) the assigned Tariff Category Class for the Delivery Point, and the Assignment Date will be the same as the assigned Tariff Category Class and Assignment Date for that Delivery Point under the Haulage Reference Service previously provided by ActewAGL pursuant to the transferring Network User's Haulage Reference Service Agreement; (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 pursuant to the transferring Network User's Haulage Reference Service Agreement; 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 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):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; andand‌ (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.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.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;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 Agreement.

Deemed Request. (a) ActewAGL Evoenergy will deem the final notification by AEMO to ActewAGL Evoenergy 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 Evoenergy 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 Evoenergy 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 Evoenergy of the DPI of that delivery point and the date on which the proposed transfer will occur; and (B) obtained ActewAGLEvoenergy’s written confirmation that the delivery point is subject to a Haulage Reference Service provided by ActewAGL Evoenergy to the relevant Network User. (b) ActewAGL Evoenergy may choose to waive any one or more of the requirements set out in clause 11.2(a), in which case ActewAGL Evoenergy must add the relevant delivery point to the Relevant Customer List if those requirements which have not been waived have been met. (c) ActewAGL Evoenergy 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 Evoenergy 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 Evoenergy 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 Evoenergy 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 Agreement.

Deemed Request. (a) ActewAGL The Service Provider will deem the final notification by AEMO to ActewAGL the Service Provider 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 pursuant to clause 11.1 and ActewAGL the Service Provider 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 the Service Provider to the relevant Network User; (ii) where the delivery point is to be added to the for a Volume Customer ListDelivery Point, 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 for a Demand Customer ListDelivery Point, the User has prior to initiating the transfer of the delivery point under the Retail Market Procedures: (A) advised ActewAGL the Service Provider of the DPI of that delivery point and the date on which the proposed transfer will occur; and (B) obtained ActewAGLthe Service Provider’s written confirmation that the delivery point is subject to a Haulage Reference Service provided by ActewAGL the Service Provider to the relevant Network User. (b) ActewAGL The Service Provider may choose to waive any one or more of the requirements set out in clause 11.2(a), in which case ActewAGL the Service Provider must add the relevant delivery point to the Relevant Customer List if those requirements which have not been waived have been met. (c) ActewAGL The Service Provider 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)11.2(a)(i) . (d) Where ActewAGL the Service Provider adds a Delivery Point pursuant to clause 11.2(a): (i) the assigned Tariff Category Class for the Delivery Point, and the Assignment Date will be the same as the assigned Tariff Category Class and Assignment Date for that Delivery Point under the Haulage Reference Service previously provided by ActewAGL pursuant to the transferring Network User's Haulage Reference Service Agreement; (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 pursuant to the transferring Network User's Haulage Reference Service Agreement; 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 Agreementagreement.