Common use of Equal Access Clause in Contracts

Equal Access. The Distributor will make available to the Retailer the services that the Distributor provides to any other retailer under an agreement in accordance with which the rRetailer is entitled to have electricity delivered by the Distributor through use the Network to supply its Consumers, but only if those services cannot be practicably provided by any other party (the “Sole Provider Services”), provided that: (a) the reference to “any other retailer” in this clause 3 will be construed as a reference to all retailers who have signed contracts on the same or substantially the same terms as this agreement; and (b) the Distributor may differentiate between retailers in a manner that properly reflects different financial or operational characteristics of such retailers or their businesses. Nothing in this clause 3.1 will create any right or benefit to or for any retailer other than the Retailer, and in particular, the provisions of the Contracts (Privity) Act 1982 are excluded.

Equal Access. The Distributor will make available to the Retailer the services that the Distributor provides to any other retailer under an agreement in accordance with which the rRetailer is entitled to have electricity delivered by the Distributor through use the Network to supply its Consumers, but only if those services cannot be practicably provided by any other party (the “Sole Provider Services”), provided that: (a) the reference to “any other retailer” in this clause 3 will be construed as a reference to all retailers who have signed contracts on the same or substantially the same terms as this agreement; and (b) the Distributor may differentiate between retailers in a manner that properly reflects different financial or operational characteristics of such retailers or their businesses. Nothing in this clause 3.1 will create any right or benefit to or for any retailer other than the Retailer, and in particular, the provisions of the Contracts (Privity) Act 1982 are excluded.

Equal Access. The Distributor will make available to the Retailer the services that the Distributor provides to any other retailer under an agreement in accordance with which the rRetailer Retailer is entitled to have electricity delivered by the Distributor through use the Network to supply its Consumers, but only if those services cannot be practicably provided by any other party (the “Sole Provider Services”), provided that: (a) the reference to “any other retailer” in this clause 3 will be construed as a reference to all retailers who have signed contracts on the same or substantially the same terms as this agreement; and (b) the Distributor may differentiate between retailers in a manner that properly reflects different financial or operational characteristics of such retailers or their businesses. Nothing in this clause 3.1 will create any right or benefit to or for any retailer other than the Retailer, and in particular, the provisions of the Contracts (Privity) Act 1982 are excluded.