Required Amendment. 6 - Single Country/Metro price (Accepted) The proposed metropolitan and country prices must be replaced with a single price that averages travel costs across all customers. Western Power Response – A ccepted.
Required Amendment. 11 - Business Day (Accepted) The definition of “business day” should refer to Western Australia rather than Perth. Western Power Response – A ccepted.
Required Amendment. Each of the parties agrees to execute, deliver and, if necessary, record any and all additional instruments, certifications, amendments, modifications and other documents as may be required by the United States Department of the Interior, BIA, the NIGC, the office of the Field Solicitor, or any applicable statute, rule or regulation in order to effectuate, complete, perfect, continue or preserve the respective rights, obligations, liens and interests of the parties hereto to the fullest extent permitted by law; provided, that any such additional instrument, certification, amendment, modification or other document shall not materially change the respective rights, remedies or obligations of the Tribe, the Enterprise or Manager under this Agreement or any other agreement or document related hereto.
Required Amendment. 2 - MS-1 Scheduled Energy Data Provision (Accepted) The service description for MS-1 Scheduled Energy Data provision on page 36 of the proposed MSLA must be amended as follows: … following consultation with the User for a period of not less than 3 weeks. When amending the Meter Reading Schedule, Western Power must, in good faith, take into account the affected User obligations to customers under the Code of Conduct and any submissions made by Users or potential Users through the consultation process and, as far as practicable, seek to accommodate them. Where amended, Western Power will publish an amended Meter Reading Schedule and notify relevant and affected Users not less than 10 Business Days before the amendments take effect.
Required Amendment. The allocations set forth herein shall be amended as may be required from time to time as may be necessary to comply with the Code and the Treasury Regulations as the same shall be amended after the Effective Date.
Required Amendment. On or before the expiration of the Study Period, Seller and Tenant shall amend the Lease such that Section 14.8 thereof, as it pertains to Tenant's right of first refusal under the Lease, is deleted (such amendment, in the form attached as Schedule 5.8, being the "Required Amendment", shall be the only amendment to the terms and provisions of the Lease permitted pursuant to this Section 5.8). In the event that the Lease is not amended as required by this Section 5.8 on or before the expiration of the Study Period, then Purchaser shall be entitled to terminate this Agreement by giving written notice thereof to Seller, in which event the Deposit will promptly be returned to Purchaser, Seller promptly shall reimburse Purchaser for the actual, reasonable third party costs that Purchaser has incurred prior to the expiration of the Study Period in connection with this Agreement and the transaction contemplated hereby (including reasonable legal fees; provided, however, that the aggregate amount of such third party costs shall not exceed Twenty Five Thousand Dollars [$25,000]), and the parties shall have no further obligation to each other, except Purchaser's obligations under Section 5.1(b)(iv), Section 5.2 and Section 5.3.
Required Amendment. 7 - use AA parameters (Accepted) Schedule 5 must be amended to include a mechanism for annual price updates based on the access arrangement pricing parameters for CPI, labour escalation and productivity improvements. Western Power Response – Accepted.
Required Amendment. 10 - Service Standards non-performance (Accepted) Clause 3.2 must be amended to include: • A positive obligation on Western Power to use reasonable endeavours to overcome any issue preventing the performance of metering services. • An obligation on Western Power to provide evidence of the reason for the failure on the user's request. • A qualification that the issue be material. • A requirement that Western Power act as a reasonable and prudent person.
Required Amendment. 14 - Liability and indemnity (Amendments Proposed) Clause 7 and 9 must be amended as follows: • Clause 19.2 in the electricity transfer access contract must be replicated in clause 7 of the MSLA. • “Direct Damage” must be defined in the MSLA consistent with definition in the electricity transfer access contract.
Required Amendment. 17 – Model Agreements Superseded (Accepted) This Agreement constitutes the entire agreement between the Parties as to its subject matter and, to the extent permitted by Law, supersedes all previous model service level agreements in effect under the Metering Code. Western Power Response – Accepted.
