Common use of Utilisation Instructions Clause in Contracts

Utilisation Instructions. 9.1 During the Service Period, the Company may, but is not obliged to, issue a Utilisation Instruction specifying for a Flexible Unit: 9.1.1 the identity of the Zone to which the Utilisation Instruction relates; 9.1.2 the Start Time of the Utilisation Instruction; and optionally 9.1.3 the End Time of the Utilisation Instruction. 9.2 Where the End Time is not specified in the Utilisation Instruction, the End Time shall be the earlier of: 9.2.1 the end time of the Service Window in which the Start Time occurred; or 9.2.2 the End Time as specified in a Cease Instruction, which shall also specify for the Flexible Unit, the Zone to which the Utilisation Instruction relates. 9.3 The Company shall notify the Provider of a Utilisation Instruction and a Cease Instruction either by text, email or telephone, or any such method which is approved by the Company. Any notification made by telephone shall be confirmed by the Company by email. 9.4 The Utilisation Instruction and/or Cease Instruction will notify the Provider in respect of a Flexible Unit, a Start Time and/or End Time to be in the future. In the event that the Start Time or End Time relative to the time of the Utilisation Instruction and/or Cease Instruction is less than the Response Time of the Flexible Unit as set out in Schedule Two, the Start Time or End Time shall be deemed to be the Response Time from the time of the instruction. 9.5 The Company may in its absolute discretion provide more than one Utilisation Instruction and Cease Instruction per Service Window. 9.6 The Provider shall deliver or procure the delivery of Flexibility Services in accordance with each Utilisation Instruction, Cease Instruction, and Schedule Two of the Contract. Should the Provider fail to comply with this Clause 9.6, the Company may require the Provider to undertake a Proving Test in accordance with Clause 7. Clause 16 shall apply in respect of any failure by the Provider to comply with this Clause 9.6. 9.7 In respect of a Flexible Unit that fails to deliver Flexibility Services in accordance with Utilisation Instructions at a Delivery Performance of at least 60% as calculated in Schedule Five then Clause 16 (Events of Default) shall apply. 9.8 Following a Utilisation Instruction, the Company may, subject to and in accordance with the Contract, notify the Provider by telephone and/or email of a variation to the terms of the Utilisation Instruction. The Provider shall act reasonably and without delay in implementing such variation in accordance with its terms. 9.9 Subject to Clause 15.10, where: 9.9.1 the Provider fails to respond to a Utilisation Instruction; and 9.9.2 takes action which is in conflict with the Utilisation Instruction; the Company may make a deduction of 50% percent of the value of the next Payment Certificate. 9.10 Any exercise by the Company of its rights under clause 9.9 shall not limit or affect any other rights or remedies available to it under this Contract or otherwise.

Utilisation Instructions. 9.1 During the Service Period, the Company may, but is not obliged to, issue a Utilisation Instruction specifying for a Flexible Unit: 9.1.1 the identity of the Zone to which the Utilisation Instruction relates; 9.1.2 the Start Time of the Utilisation Instruction; and optionally 9.1.3 the End Time of the Utilisation Instruction. 9.2 Where the End Time is not specified in the Utilisation Instruction, the End Time shall be the earlier of: 9.2.1 the end time of the Service Window in which the Start Time occurred; or 9.2.2 the End Time as specified in a Cease Instruction, which shall also specify for the Flexible Unit, the Zone to which the Utilisation Instruction relates. 9.3 The Company shall notify the Provider of a Utilisation Instruction and a Cease Instruction either by text, email or telephone, or any such method which is approved by the Company. Any notification made by telephone shall be confirmed by the Company by email. 9.4 The Utilisation Instruction and/or Cease Instruction will notify the Provider in respect of a Flexible Unit, a Start Time and/or End Time to be in the future. In the event that the Start Time or End Time relative to the time of the Utilisation Instruction and/or Cease Instruction is less than the Response Time of the Flexible Unit as set out in Schedule Two, the Start Time or End Time shall be deemed to be the Response Time from the time of the instruction. 9.5 The Company may in its absolute discretion provide more than one Utilisation Instruction and Cease Instruction per Service Window. 9.6 The Provider shall deliver or procure the delivery of Flexibility Services in accordance with each Utilisation Instruction, Cease Instruction, and Schedule Two of the Contract. Should the Provider fail to comply with this Clause 9.6, the Company may require the Provider to undertake a Proving Test in accordance with Clause 7. and Clause 16 (Event of Default) shall apply in respect of any failure by the Provider to comply with this Clause 9.6. 9.7 In respect of a Flexible Unit that fails to deliver Flexibility Services in accordance with Utilisation Instructions at a Delivery Performance of at least 60% as calculated in Schedule Five then Clause 16 (Events of Default) shall apply. 9.8 Following a Utilisation Instruction, the Company may, subject to and in accordance with the Contract, notify the Provider by telephone and/or email of a variation to the terms of the Utilisation Instruction. The Provider shall act reasonably and without delay in implementing such variation in accordance with its terms. 9.9 Subject to Clause 15.10, where: 9.9.1 the Provider fails to respond to a Utilisation Instruction; and 9.9.2 takes action which is in conflict with the Utilisation Instruction; the Company may make a deduction of 50% percent of the value of the next Payment Certificate. 9.10 Any exercise by the Company of its rights under clause 9.9 shall not limit or affect any other rights or remedies available to it under this Contract or otherwise.