New Zealand Gazette – 2011 – No. 93

Page 2733

✨ Legal Agreement Details



5 JULY 2011 NEW ZEALAND GAZETTE, No. 93 2733

(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; and

(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. TERM AND TERMINATION

2.1 Commencement:

This agreement shall commence at the Settlement Time (as defined in the Sale and Purchase Agreement) ("Commencement Date").

2.2 Enforcement:

This agreement is intended to be enforceable by the parties throughout its term despite any change in market circumstances.

2.3 Termination:

Unless otherwise provided in relation to a particular service, this agreement or any service provided under it may only be terminated by written agreement between the parties.

3. SUPPLY OF ELECTRICITY

3.1 Sale and purchase of Electricity:

Meridian shall sell, and Genesis shall purchase from Meridian, Electricity in such quantities as Genesis may from time to time require for the operation of the Tekapo B Power Station on the terms and conditions of Meridian’s Standard Terms and Conditions, provided that:

(a) the amounts payable by Genesis for the Electricity shall be the Electricity Fee as adjusted from time to time pursuant to clause 3.2;

(b) Meridian shall invoice Genesis, and Genesis shall pay Meridian for the Electricity, in accordance with section 7 of this agreement;

(c) the sale and purchase of Electricity under this clause 3.1, and clauses 3.2 to 3.4 of this agreement may only be terminated by written agreement between the parties; and

(d) without limiting the foregoing, section 4, clauses 7.3 to 7.5 (inclusive), section 9, section 10, clauses 12.3 to 12.8 (inclusive), clauses 14.1 to 14.11 inclusive, and clauses 16.1 and 16.2 of Meridian’s Standard Terms and Conditions shall not apply to the sale of Electricity by Meridian to Genesis under this agreement.

3.2 Adjustment of the Electricity Fee:

The amount specified in paragraph (a) of the definition of Electricity Fee and the daily fixed charge, the charge for Electricity supplied during Winter and the charge for Electricity supplied during Summer described in paragraph (b) of the definition of Electricity Fee (each a "Relevant Component of the



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Online Sources for this page:

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




✨ LLM interpretation of page content

🏗️ Agreement between Meridian Energy Limited and Genesis Power Limited (continued from previous page)

🏗️ Infrastructure & Public Works
Electricity Industry Act 2010, Power Stations, Tekapo A, Tekapo B, Ancillary Equipment Fee, Bill Rate, Business Day, Commencement Date, Electricity Fee, GST, Meridian’s Standard Terms and Conditions, Sale and Purchase Agreement, Subsidiary, Summer, Tekapo A Power Station, Tekapo B Power Station, Wind Data, Wind Data Fee, Winter