RFI - Attachment 8 - Energex Netwrok Connection Contract

                                                                                                                                           3044 09.10.2018
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4.     (Subcontracting) Energex may subcontract or assign its rights or              (e)     Energex being unable, despite reasonable endeavours,
       obligations under this contract as it determines in its absolute                      to secure all of the Energex Obtained Approvals.
       discretion.
                                                                             10.     (Technical and Safety Obligations) You must:
5.     (Customer’s Activities) If this contract identifies or there are              (a)     meet and comply with the Technical and Safety
       otherwise any Customer’s Activities that you must do to allow                         Obligations as described in Item 13 of Part 1 (if any);
       the carrying out of the Energex Connection Services, you must
                                                                                     (b)     If the Customer's Activities include the installation of
       carry them out at your own risk and expense.
                                                                                             Metering Equipment, you must ensure that such
6.     (Approvals) Except for Energex Obtained Approvals:                                    Metering Equipment meets all requirements of Item 13
       (a)    you must obtain all Approvals and other rights                                 of Part 1, and is sufficiently rated to be used at the
              necessary (including access requirements under clause                          Maximum Connection Capacity of your Premises; and
              7) for the carrying out of the Energex Connection                      (c)     accommodate on your Premises, and protect from harm,
              Services at your own risk and expense; and                                     all equipment installed on the Premises by Energex, its
       (b)    you must provide copies of all Approvals to be obtained                        sub-contractors or agents and all equipment necessary
              by you to Energex upon request by Energex.                                     for the connection.

7.     (Access) You must:                                                    11.     (Substation on your Premises) If Energex establishes a
                                                                                     substation at your Premises to facilitate the Energex
       (a)    allow Energex, its employees and subcontractors non
                                                                                     Connection Services, you consent to Energex providing
              exclusive access to land and improvements controlled by
                                                                                     connection services (including a supply of electricity) to other
              you to allow Energex to carry out the Energex
                                                                                     customers not at your Premises from that substation.
              Connection Services;
       (b)    where access to land controlled by a third party is            12.     (Payment of Energex's Costs) You must pay to Energex the
              required for Energex to complete the Energex                           Connection Charges prior to the commencement of the
              Connection Services, obtain approval from that third                   Energex Connection Services. Energex will provide a tax
              party for Energex to access that land in a form                        invoice for the Connection Charges on completion of the
              satisfactory to Energex in its absolute discretion; and                Energex Connection Services.

       (c)    if required by Energex, grant or procure the grant to          13.     (Termination) Energex may terminate this contract by notice to
              Energex of an easement or other interest over land on                  you at any time if:
              terms satisfactory to Energex to secure tenure for the                 (a)     you fail to pay the Connection Charges within 5
              Energex Connection Services.                                                   business days of the date of this contract;
8.     (Connection Services)                                                         (b)     you breach this contract;
8.1    (Commencement) Energex will not be in any way obliged to                      (c)     the information submitted by you in your application is
         carry out the Energex Connection Services until you have                            not accurate in a material respect;
         complied with the requirements of clauses 6, 7 and 10.                      (d)     the services requested by your electrical contractor in the
8.2    In relation to the program for the Energex Connection Services                        electrical work request are not of a kind contemplated by
         in Item 12 of Part 1:                                                               this contract;

       (a)    Energex undertake to complete the work required to                     (e)     on attending the Premises, Energex determines that any
              establish the connection by the Completion Date                                augmentation of its distribution system is required for the
              specified in that program, provided that you comply with                       Work Activities, other than works of a minor nature, in
              your obligations under clauses 5, 6, 7 and 10; and                             which case Energex will notify you of the applicable
                                                                                             connection service; or
       (b)    despite any provision of this contract, Energex will not be
              liable to you for any liability arising from delays to the             (f)     the Approvals, or any third party access requirements,
              progress or completion of the Energex Connection                               for the Energex Connection Services are not obtained
              Services for any reason to the full extent permitted by                        within a timeframe acceptable to Energex in its absolute
              law.                                                                           discretion.

9.     (Delay to Energex Connection Services) Notwithstanding                14.     (Amendment) This contract may be amended by agreement in
       clause 8.2 and the program in Item 12 of Part 1, Energex has no               writing between you and Energex.
       obligation to complete the Connection Services by the                 15.     (Insurance) While the Energex Connection Services are being
       Completion Date if Energex is delayed in completing the                       carried out, Energex must ensure that a public liability insurance
       Energex Connection Services due to:                                           policy is maintained which covers liability to third parties
       (a)    the occurrence of a force majeure event, for so long as                (including you) arising from death of or injury to any person or
              the force majeure event continues;                                     loss of or damage to any property prior to the Completion Date
       (b)    the discovery or existence of a latent defect, for the                 arising from Energex’s or Energex’s employees or agents
              period of time sufficient to rectify the latent defect; or             negligence in connection with the carrying out of the Energex
                                                                                     Connection Services for the amount of $20 million.
       (c)    the Customer’s Activities not being completed; or
       (d)    your Premises or the standard of the Customer’s                16.     (Energex's Liability)
              Activities not complying with the Technical and Safety                 (a)     The Competition and Consumer Act 2010 (Cth) and other
              Obligations as described in Item 13 of Part 1; or                              consumer protection laws provide certain statutory



                                     Energex Limited ⚫ GPO Box 1461 Brisbane Queensland 4001 ⚫ ABN 40 078 849 055

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