Common use of Occupiers Clause in Contracts

Occupiers. 1.1 Where the Customer gives its written consent for a third party to connect Generating Plant to the Customer's Premises or otherwise for one or more third parties to occupy all or any part of the Customer's Premises, whether by granting a lease or a licence (the "Occupier") the Customer shall: (a) procure that the Occupier is subject to and complies in all respects with the obligations set out in this Connection Agreement as though it were party to it; (b) procure that the Company shall have such rights and powers in respect of the Occupier, including over the Premises and any part of the Customer's Installation occupied by the Occupier and, as relevant, any Plant, Generating Plant, Generating Unit, Interface Protection, Protection and Apparatus therein as it would have if the Occupier was a party to this Connection Agreement; and (c) ensure that the Occupier does not amend, alter, renew or replace any Plant, Generating Plant, Generating Unit, Apparatus, Interface Protection and/or or Protection without the Company's prior written consent. 1.2 Without prejudice to paragraph 1.1 above, the presence of the Occupier shall not relieve the Customer of any obligations under this Connection Agreement, and the acts or omissions of the Occupier shall, for the purposes of this Connection Agreement, be deemed to be acts or omissions of the Customer. 1.3 In addition to the termination rights set out in Clause 13 of Section 2, Clause 19.3 of Section 3 or Clause 20.3 of Section 4 (as appropriate) of the National Terms of Connection, the Parties agree that the Company may terminate the Connection Agreement by giving notice of such termination to the Customer in the event that: (a) the Customer breaches its obligations in clause 1.1 (a) to (c) (inclusive) above; (b) the acts or omissions of the Occupier would otherwise constitute a breach if such acts were done or omissions made by the Customer; or (c) any of the events set out in Clause 19.3.3 of Section 3 or Clause 20.3.3 of Section 4 (as appropriate) of the National Terms of Connection occurs in respect of the Occupier. 1.4 If an Occupier breaches any contract or arrangement it has entered into with an electricity supplier for the supply of electricity to the Premises, which breach permits the electricity supplier to De-Energise and/or Disconnect the Connection Point, or if there exist other circumstances pursuant to which the Company is required, instructed or entitled to De-Energise and/or Disconnect the Connection Point in respect of the Occupier, the Company shall not be deemed to be in breach of this Connection Agreement and shall not be liable in any way whatsoever to the Customer as regards any such De-Energisation and/or Disconnection. 1.5 The Customer shall indemnify and keep indemnified the Company against all costs, losses, claims, expenses and/or liabilities that the Company may suffer or incur arising out of or in relation to the Occupier (including any breach by the Customer of paragraph 1.1 above and/or the acts or omissions of the Occupier), provided that the Customer's liability under this indemnity shall be limited to £1,000,000 per incident or series of related incidents.

Occupiers. 1.1 2.1 Where the Customer gives its written consent for a third party to connect Generating Plant to the Customer's Premises or otherwise for one or more third parties to occupy all or any part of the Customer's Premises, whether by granting a lease or a licence (the "Occupier") the Customer shall: (a) procure that the Occupier is subject to and complies in all respects with the obligations set out in this Connection Agreement as though it were party to it; (b) procure that the Company shall have such rights and powers in respect of the Occupier, including over the Premises and any part of the Customer's Installation occupied by the Occupier and, as relevant, any Plant, Generating Plant, Generating Unit, Interface Protection, Protection and Apparatus therein as it would have if the Occupier was a party to this Connection Agreement; and (c) ensure that the Occupier does not amend, alter, renew or replace any Plant, Generating Plant, Generating Unit, Apparatus, Interface Protection and/or or Protection without the Company's prior written consent. 1.2 2.2 Without prejudice to paragraph 1.1 above2.1, the presence of the Occupier shall not relieve the Customer of any obligations under this Connection Agreement, and the acts or omissions of the Occupier shall, for the purposes of this Connection Agreement, be deemed to be acts or omissions of the Customer. 1.3 2.3 In addition to the termination rights set out in Clause 13 of Section 2, Clause 19.3 of Section 3 or Clause 20.3 of Section 4 (as appropriate) of the National Terms of Connection, the Parties agree that the Company may terminate the Connection Agreement by giving notice of such termination to the Customer in the event that: (a) the Customer breaches its obligations in clause 1.1 2.1 (a) to (c) (inclusive) above; (b) the acts or omissions of the Occupier would otherwise constitute a breach if such acts were done or omissions made by the Customer; or (c) any of the events set out in Clause 19.3.3 of Section 3 or Clause 20.3.3 of Section 4 (as appropriate) of the National Terms of Connection occurs in respect of the Occupier. 1.4 2.4 If an Occupier breaches any contract or arrangement it has entered into with an electricity supplier for the supply of electricity to the Premises, which breach permits the electricity supplier to De-De- Energise and/or Disconnect the Connection Point, or if there exist other circumstances pursuant to which the Company is required, instructed or entitled to De-Energise and/or Disconnect the Connection Point in respect of the Occupier, the Company shall not be deemed to be in breach of this Connection Agreement and shall not be liable in any way whatsoever to the Customer as regards any such De-Energisation and/or Disconnection. 1.5 2.5 The Customer shall indemnify and keep indemnified the Company against all costs, losses, claims, expenses and/or liabilities that the Company may suffer or incur arising out of or in relation to the Occupier (including any breach by the Customer of paragraph 1.1 2.1 above and/or the acts or omissions of the Occupier), provided that the Customer's liability under this indemnity shall be limited to £1,000,000 per incident or series of related incidents.