β¨ Agreement for Transitional Services
2708 NEW ZEALAND GAZETTE, No. 93 5 JULY 2011
4.2 Phase II Dispatch Services: From midnight on the final day of Phase I to midnight on the final day of the Transition Period (or such shorter period as may be notified by Genesis to Meridian) ("Phase II"), Meridian shall provide to Genesis the Phase I Dispatch Services only if Genesis notifies Meridian that a significant failure of Genesis' equipment has occurred which, in Genesis' reasonable opinion, has rendered or is likely to render Genesis unable to operate the Stations ("Phase II Dispatch Services").
4.3 Agreed Control Centre Responsibility: The Phase I Dispatch Services and Phase II Dispatch Services shall be provided by Meridian in accordance with the "Agreed Control Centre Responsibility" procedures attached as Schedule 3. This Schedule may be amended by the Project Steering Group from time to time pursuant to a resolution passed in accordance with Schedule 2.
4.4 Payment for Dispatch Services: In consideration for Meridian providing, and for the period that Meridian provides, the Phase I Dispatch Services and the Phase II Dispatch Services, Genesis shall pay to Meridian:
(a) $90,000 per month (plus GST) (or part thereof on a pro rata basis) for the provision of the Phase I Dispatch Services; and
(b) $35,000 per month (plus GST) (or part thereof on a pro rata basis) for the provision of the Phase II Dispatch Services,
and clauses 9.2 to 9.5 shall apply in respect of such payments, provided always that if and to the extent that Meridian for any reason fails or does not provide any of the Phase I Dispatch Services or Phase II Dispatch Services, Genesis shall have no liability under this clause 4.4 to pay Meridian for such services which were not provided with the appropriate reduction in the fee to be calculated on a pro rata basis. If the parties are unable to agree the appropriate reduction in the amount payable within 10 days either party may refer the matter for determination by an expert pursuant to clause 12.
4.5 Responsibility: Meridian shall use all reasonable endeavours to ensure that any:
(a) notifications provided under clause 4.1(a) to 4.1(c) are accurate and correct in all material respects; and
(b) dispatch instructions are acknowledged and executed in accordance with clause 4.1(a).
Meridian has no liability whatsoever (except in the event of a wilful breach by Meridian) for any such notifications or for the content of or failure to provide such notifications or for executing, or failing to execute, any dispatch instructions.
- ZELKO CONTRACT
5.1 Support: Meridian shall use its reasonable endeavours to assist and support Genesis and provide Genesis with all information reasonably requested by Genesis (including requesting such information from Zelko or any other person) with a view to ensuring:
(a) Genesis has a full understanding of the nature and scope of services provided by Zelko in connection with the Stations under the Zelko Contract;
(b) Genesis is able to seek tenders from third parties for the services which have been provided by Zelko in connection the Stations; and
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β¨ LLM interpretation of page content
π
Agreement for Transitional Services between Meridian Energy Limited and Genesis Power Limited
(continued from previous page)
π Trade, Customs & IndustryAgreement, 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
NZ Gazette 2011, No 93