Electricity Industry Agreement




2738 NEW ZEALAND GAZETTE, No. 93 5 JULY 2011

upon to the extent that Extension or action will, or is likely to, materially extend the present or future benefit to a party of section 119(4) or section 130(1)(c) of the Electricity Industry Act 2010 compared to the benefit to that party of the relevant section in the absence of that Extension. Any such Extension is void to the extent it provides such benefit.

9.2 Other agreements: Clause 9.1 does not prevent the parties from making promises or agreements outside of this agreement, whether related to the subject matter of this agreement or otherwise, on the basis that the parties acknowledge that such promises or agreements are not part of this agreement and accordingly the provisions of sections 119(4) and 130(1)(c) of the Electricity Industry Act 2010 do not apply to those promises or agreements.

9.3 Privity: Clauses 9.1 and 9.2 are for the benefit of the Crown and are enforceable by it under the Contracts (Privity) Act 1982.

  1. NOTICES

10.1 Notice: Every notice or other communication ("Notice") for the purposes of this agreement shall:

(a) be in writing; and

(b) be delivered in accordance with clause 10.2.

10.2 Method of service: A Notice may be given by:

(a) delivery to the physical address of the relevant party; or

(b) posting it by pre-paid post to the postal address of the relevant party; or

(c) sending it by facsimile transmission to the facsimile number of the relevant party, so long as clause 10.4 is complied with; or

(d) sending it by email to the email address of the relevant party, so long as clause 10.4 is complied with.

10.3 Time of receipt: A Notice given in the manner:

(a) specified in clause 10.2(a) is deemed received at the time of delivery;

(b) specified in clause 10.2(b) is deemed received three Business Days after (but exclusively of) the date of posting;

(c) specified in clause 10.2(c) or clause 10.2(d) is deemed (subject to clause 12.4) received:

(i) if sent between the hours of 9am and 5pm (local time) on a local working day, at the time of transmission; or

(ii) if subclause (i) does not apply, at 9am (local time) on the local working day most immediately after the time of sending.

For this purpose "local time" is the time in the place of receipt of the Notice, and a "local working day" is a normal working day in that place.



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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