Common use of PUBLIC UTILITY SERVICES Clause in Contracts

PUBLIC UTILITY SERVICES. (a) Notwithstanding anything to the contrary in Part A, “Electricity, Gas and other Utilities” or clauses 10 to 14 of Part B of this agreement the lessor covenants and agrees that he, she or they will be solely responsible for the payment of all rental, hire, service and/or maintenance fees and charges associated with the supply of gas to the Premises. (b) In consideration of the tenant paying the consumption charges for gas consumed on the Premises the tenant may, by notice(s) in writing given to the lessor at any time or times, direct the lessor to utilise an LPG gas retailer nominated by the Lessee to supply gas bottles and/or gas to the Premises, and the Lessor must comply with each direction given under this clause: (i) within one (1) calendar month of receipt of that direction; and (ii) until the expiration of any current or Further Term of this agreement or until a new direction is given by the tenant, whichever occurs first. (c) For the avoidance of doubt, nothing in clause 58(b) limits the lessor’s obligations under clause 58(a) or exposes the tenant to any liability to any nominated LPG gas retailer(s), or to the lessor in connection with any liability the lessor may have to any nominated LPG gas retailer(s). (d) Without limiting clause 58(e) if the lessor receives any accounts for public utility services consumed at the residential premises which are payable by the tenant pursuant to this agreement (“Accounts”), it must provide them to the tenant on a timely basis. Notwithstanding anything to the contrary in Part A, “Electricity, Gas and other Utilities” or clauses 10 to 14 of Part B, if the lessor fails to provide to the tenant any Account within two months of the date of that Account, the tenant shall not be liable to pay for the public utility service charges in that Account. (e) Subject to clause 58(j), the lessor authorises the tenant to arrange (if it so desires and without being under any obligation to do so) with the appropriate public utility service providers to directly receive all Accounts. (f) The lessor covenants and agrees that he, she or they will be solely responsible for the payment of any water or excess water charges associated with or arising out of any water consumed, used or supplied on or at the residential premises as a consequence of any lavatory, toilet, sink, drain, main, reticulation or any other plumbing facility leaking or otherwise being damaged or faulty. The tenant, acting responsibly, shall determine (and its determination shall be binding on the lessor) the proportion of any charges in an account for water usage attributable to such leak, damage or fault, where appropriate, based upon a comparison by the tenant of the quantity of water previously consumed at the residential premises during the term of this agreement where no such leak, fault or damage existed (“the Determined Amount”). The tenant shall not be required to pay to the relevant public utility service provider directly or to reimburse to the lessor the Determined Amount. However, if the tenant does pay the Determined Amount directly to the relevant public utility service provider, the lessor must reimburse to the tenant the Determined Amount on demand. If the tenant has received from the relevant public utility service provider directly an account for water usage which includes a Determined Amount, the tenant shall provide a copy of such account to the lessor. (g) Notwithstanding clause 58(f) above, the lessor will not be required to pay to the public utility service provider or reimburse to the tenant the Determined Amount if the damage or fault which has caused the lavatory, toilet, sink, drain, main, reticulation or any other plumbing facility to leak is directly attributable to the negligence of the tenant or the negligence of any person to whom the tenant sublets the residential premises (or any part or parts thereof). (h) The lessor acknowledges and agrees that the tenant is not responsible, and accepts no liability whatsoever, for any water infringement notices which are issued by the relevant public utility service provider in relation to the premises. (i) Without limiting clause 58(h) above, the tenant agrees to: (i) require its sub-tenant to comply with water restrictions prescribed or imposed by Water Corporation (or such other authority) from time to time; and (ii) promptly pass onto its sub-tenant any water infringement notices which are provided to it by the lessor, (j) If the residential premises contain solar panels and the lessor receives payments and/or benefits from the Government, the national grid and/or any energy suppliers in relation to those solar panels: i) the tenant is not authorised to directly receive the Account from the energy supplier and agrees that the Account will remain in the name of the lessor; ii) any rights of the lessor, by agreement with an energy supplier, to receive and retain benefits with respect to feed-in tariffs will remain; iii) the lessor will provide the Account to the tenant on a timely basis; and iv) subject to the terms of clause 58(a), including the obligation on the lessor to have provided the Account no later than two months of the date of that Account, the tenant will be liable to pay that portion of the Account which relates to electricity consumption either to the energy supplier directly or to the lessor as reimbursement (whichever the lessor directs)