New Zealand Gazette – 2011 – No. 93

Page 2706

✨ Legal Agreement Text



(i) an individual, partnership, firm, company, body corporate, corporation,
association, trust, estate, state, government or any agency thereof,
municipal or local authority and any other entity, whether incorporated
or not (in each case whether or not having a separate legal
personality); and

(ii) an employee, agent, successor, assign, executor, administrator and
other representative of such party, person or entity;

(h) "written" and "in writing" include any means of reproducing words, figures or
symbols in a tangible and visible form;

(i) references to money are to New Zealand dollars;

(j) reference to a section, clause, sub-clause, schedule or a party is a reference to
that section, clause, sub-clause, schedule or party in this agreement.

2. TRANSITION PERIOD

2.1 Term:

This agreement shall commence at the Settlement Time and shall terminate on:

(a) the earlier of:

(i) six (6) months after Settlement Time; and

(ii)    the expiration of at least one month’s written notice given by Genesis
    to Meridian; or

(b) such other date as may be agreed between the parties in writing, including
such other date as may be agreed between the parties following negotiations
under clause 2.2,

("Transition Period").

2.2 Extension of the term:

If an event occurs before the expiry of the Transition Period that
is outside Genesis reasonable control and which renders Genesis unable, or reasonably
unlikely to be able, to operate the Stations from midnight on the last day of the
Transition Period without some or all of the General Services or the Specific Services,
Genesis shall promptly notify Meridian and the parties shall negotiate in good faith with a
view to agreeing a new date under clause 2.1(b).

2.3 Termination of Memorandum of Understanding:

The parties agree that the
Memorandum of Understanding between the parties dated 19 July 2010 shall terminate
with effect from Settlement.

3. PROVISION OF SERVICES

3.1 Provision:

Meridian shall throughout the Transition Period (or for such shorter period
as may be specified in Schedule 1 in respect of a particular General Service) provide the
General Services to Genesis.

3.2 Co-operation:

Meridian and Genesis shall throughout the Transition Period co-operate
with a view to causing the General Services and the Specific Services to be provided
efficiently and at the lowest reasonable cost. In particular, Genesis shall:



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Gazette.govt.nz — PDF NZ Gazette 2011, No 93




✨ LLM interpretation of page content

🏭 Agreement for Transitional Services between Meridian Energy Limited and Genesis Power Limited (continued from previous page)

🏭 Trade, Customs & Industry
Agreement, Transitional Services, Meridian Energy Limited, Genesis Power Limited, Electricity Industry Act 2010, Tekapo A Power Station, Tekapo B Power Station, Tekapo Canal, Project Steering Group, General Services, Good Industry Practice, GST