Microsoft word - nwl generic variation - final

Network Waitaki Limited
10 Chelmer Street, Oamaru P O Box 147 Oamaru Telephone Statement of variations to use of system agreement
Network Waitaki Limited (the Distributor) provides distribution services to <<Retailer>> (the Electricity Retailer) under a use of system agreement (the Agreement). The Electricity Industry Participation Code (Distributor Use of System Agreements and Distributor Tariffs) Amendment 2011 was passed on 26 October 2011, amending the Electricity Industry Participation Code 2010 (the Code). The Code now requires certain matters regarding distributor indemnities in respect of the Consumer Guarantees Act 1993 and prudential requirements to be included in the Agreement. This statement of variations is issued by the Distributor in accordance with clause 4.11 of the Agreement which allows the Distributor to review the provisions of the Agreement for the purposes of considering and reaching agreement on any amendments to the Agreement necessary to give effect to any change in circumstances relating to the supply of Line Function Services. Network Waitaki now wishes to make variations to the Agreement solely to give effect to the requirements in the Code that are required to be included in the Agreement. Distributor indemnity
The Agreement is amended to include the following clause: “19.14 An indemnity from the Distributor in respect of the Consumer Guarantees Act 1993 and the terms of such indemnity is set out in Schedule 12A.1 of the Electricity Industry Participation Code 2010 (together the Mandated Indemnity). Notwithstanding the requirements of this clause 19, with effect from the date that the Mandated Indemnity is legally required to be included in the Agreement, and only for as long as the Mandated Indemnity is legally required to be included in the Agreement, the terms of the Mandated Indemnity shall be deemed to be incorporated into this Agreement and will apply as if the Mandated Indemnity was set out in full in this Agreement. To the extent to which the terms of the Mandated Indemnity conflict with other clauses in this Agreement, the terms of the Mandated Indemnity shall prevail to the extent of the inconsistency.” Prudential requirements
The Agreement is amended to include the following clause: “16.7 Conditions that apply to the application of prudential requirements are set out in clause 12A.4 and 12A.5 of the Electricity Industry Participation Code 2010 (the Prudential Conditions). Notwithstanding the requirements of this clause 16, with effect from the date that the Prudential Conditions are legally required to be reflected in the Agreement, and only for as long as the Prudential Conditions are legally required to be reflected in the Agreement: 1 All clause numbers are in reference to the Distributor’s standard use of systems agreement. The actual clause number may differ in the historical signed agreement. (a) the terms of clause 12A.4 of the Electricity Industry Participation Code 2010 shall be deemed to be incorporated into this Agreement and will apply as if that clause was set out in full in this Agreement; and (b) The Distributor may exercise one or both of the rights set out in clause 12A.5(1) of the Electricity Industry Participation Code 2010 (and such clauses shall be deemed to be incorporated into this Agreement and will apply as if that clause was set out in full in this Agreement), provided that the Distributor complies with the requirements of clause 12A.5 of the Electricity Industry Participation Code 2010, including making any payments to the Electricity Retailer under clause 12A.5(3) of the Electricity Industry Participation Code 2010, which requirements shall be deemed to be incorporated into the Agreement and apply as if those requirements were set out in full in this Agreement. To the extent to which the Prudential Conditions conflict with clauses in this Agreement, the terms of the Prudential Conditions shall prevail to the extent of the inconsistency.” Affect of Amendments
Except to the extent that they are varied by this statement, the covenants, terms and conditions expressed and implied in the Agreement continue in full force and effect. _________________________ for Network Waitaki Limited

Source: http://www.networkwaitaki.co.nz/NWL_Generic_Variation230312.pdf