✨ Resource Consent Agreement Clauses
(i) act of God, earthquake, fire, or natural events not contemplated by this agreement for which provision could not reasonably practicably have been made;
(ii) interruption or failure of any utility services, or unpredictable delays which could not reasonably practicably be prevented in delivery of materials, equipment or services necessary for the compliance by that party with an obligation under this agreement;
(iii) sabotage, riot, civil disturbance, explosion, terrorist acts, insurrection, epidemic, national emergency (whether in fact or law) or act of war (whether declared or not) for which provision could not reasonably practicably have been made;
(iv) act or omission of any governmental or other authority not directly or indirectly arising from any act or omission by that party, its agents, representatives or advisors; and
(v) breakdown or failure of equipment, machinery or structures included within the Waitaki Power Scheme that would not have been avoided by the application of Good Industry Practice; and
(b) that party complies with clause 14.2.
14.2 Notice: A party which wishes to rely on clause 14.1 shall:
(a) give the other party written notice as soon as possible, but within five days after becoming aware of the Event or likelihood of the Event, providing details of the nature, expected duration and effect of the Event, and keep the other party informed of any changes in the nature of, and of the cessation, of the Event; and
(b) take all reasonably practicable steps to:
(i) mitigate the effects of the Event on that party's obligations under this agreement; and
(ii) perform that party's obligations under this agreement within the time specified by this agreement despite the Event.
In determining what are reasonably practicable steps for the purposes of subclause (b), regard shall be had to, and Genesis Energy acknowledges, the importance to Meridian of the maintenance of a flow of water into Lake Pukaki in accordance with clause 7.1.
14.3 High Flow Events: A party is not relieved by clause 14.1 from complying with clause 5 or 6 of Schedule 1 by an event to which any part of the High Flow Rules applies, but may be relieved by such an event from complying with any other provision of this agreement.
14.4 Payments: Clause 14.1 does not excuse a party from any obligation to make a payment when due under this agreement.
- EXPERT DETERMINATION
15.1 Determination: Any matter which this agreement provides is to be determined by an expert ("Matter") will be referred to the determination of a single expert. The referral to expert determination will be commenced by a party giving notice to the other party stating the subject matter and details of the Matter and requiring the Matter to be referred to the determination of an expert to be appointed by the parties. Failing
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NZ Gazette 2011, No 93
✨ LLM interpretation of page content
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Derogation Approvals for Resource Consents
(continued from previous page)
🌾 Primary Industries & ResourcesDerogation, Resource Consents, Force Majeure, Expert Determination, Compliance, Payments