1 Definitions, Interpretation and Construction
1.1 In this Schedule 9 the following words and expressions (in addition to those specified in Schedule 1 (Definitions, Interpretation and Construction)) shall save where the context or the express provisions of this Contract otherwise requires or admits, have the following meanings:
Actual Electricity Consumption shall have the meaning given in paragraph 6.1 (Electricity Consumption - Annual Reconciliation).
Electricity Consumption Report shall have the meaning given in paragraph 6.1 (Electricity Consumption - Annual Reconciliation).
Electricity Contract means a contract for the continuous supply of electricity to the Powered Apparatus entered into by the Service Provider or the Authority (as the case may be).
Electricity Costs means the cost of electricity supplying the Powered Apparatus for the purposes of this Contract and payable under an Electricity Contract or otherwise (including, without limitation, all fixed and standing charges, all associated metering and data management charges, the climate change levy (and any replacement levy or charge) and any premium charged for any specific terms and conditions related to the supply of electricity to the Powered Apparatus).
Electricity Costs Adjustment or ECA shall have the meaning given the Payment Mechanism.
Electricity Market Test means the competitive tender process to be conducted in accordance with this Schedule 9, by which the parties shall determine the price, terms and conditions of an electricity contract in the open market.
Electricity Market Test Date means the date agreed between the parties and recorded in the Electricity Market Test Proposal which shall not be later than the date fifteen (15) weeks1 prior to the Supply End Date unless determined otherwise pursuant to the Dispute Resolution Procedure.
Electricity Market Test Proposal shall have the meaning given in paragraph 5.7 (Electricity Market Test).
Electricity Supplier means a company which supplies electricity pursuant to an Electricity Contract.
Electricity Supply shall have the meaning give in paragraph 3.2 (Authority obligation to procure Unmetered Electricity).
Existing Meters shall have the meaning given in paragraph 4.7 (Authority's obligation to procure Metered Electricity).
Existing Meter Standing Charge shall have the meaning given in paragraph 4.7 (Authority's obligation to procure Metered Electricity).
Forecast Electricity Consumption shall have the meaning given in paragraph [♦] of the Payment Mechanism.
Metered Apparatus means all items requiring an Electricity Supply where the quantity of such supply is measured or measurable on an ongoing basis.
Metered Electricity means the supply of electricity to be procured by the [Service Provider] [Authority] in respect of Metered Apparatus.
Metered Electricity Contract means a contract to be entered into by the [Service Provider] [Authority] for a supply of Metered Electricity.
Metered Electricity Supply shall have the meaning given in paragraph 4.2 (Authority's obligation to procure Metered Electricity).
Meters shall have the meaning given in paragraph 4.6 (Authority's obligation to procure Metered Electricity).
Market Test Programme shall have the meaning given in paragraph 5.3 (a) (Electricity Market Test).
Market Test Report shall have the meaning given in paragraph 5.3 (b) (Electricity Market Test).
Monthly Electricity Invoices shall have the meaning give in paragraph 3.3 (Authority obligation to procure Unmetered Electricity).
Monthly Invoice Electricity Amount shall have the meaning give in paragraph 3.4 (Authority obligation to procure Unmetered Electricity).
New Meters shall have the meaning given in paragraph 4.6 (Authority's obligation to procure Metered Electricity).
Powered Apparatus means street lighting (including lighting columns, lighting points and tunnel lighting points), illuminated attachments, illuminated signage systems, illuminated traffic signals, traffic observation cameras, traffic observation camera columns, traffic observation camera poles, illuminated traffic signs and their traffic signal columns and traffic signal poles, traffic signal controllers, traffic signal heads, traffic signal poles, illuminated bollards, belisha beacons, VMS, EMS, loop detectors, smoke detectors, signalised pedestrian crossings, signalised pedestrian crossing equipment, remote monitoring systems, radio re-broadcast systems, pumping stations, aspect lamps, festive decorations, UTMC, detector equipment, electrical equipment, emergency points, EMS equipment, VMS equipment, ice early warning system, incident detection equipment, lamps, luminaires, metered apparatus, traffic management systems, underground cables, switchgear and connection, and any components included in all of the above.
Successful Tenderer shall mean the tenderer selected by the Authority following the completion of an Electricity Market Test.
Supply End Date means:
(a) [♦] in respect of the first Electricity Contract;2 and
(b) the date on which the supply of electricity shall end in respect of each subsequent Electricity Contract,
as may be amended in accordance with paragraph of this Schedule 9.
Tender Documents means the tender documents (approved by the Authority) to be sent to pre-qualified tenderers in accordance with paragraph 5.10 (Electricity Market Test), for the purposes of the conduct of and participation of the Electricity Market Test.
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1 The timing of the first Electricity Market Test will depend on the expiry of the current electricity contract. All timings should be addressed on a project specific basis to ensure they are practical and deliverable for the parties.
2 This is dependent on the expiry of the current contract and/or the ability of Authority to novate/assign their contract for supply to the Service Provider.