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 to it in paragraph 4.1 of this Schedule 9

CIPP Forecast Electricity Consumption shall have the meaning given to it in paragraph 1 of Part 1 of the Payment Mechanism

Electricity Consumption Report shall have the meaning given to it in paragraph 4.1 of this Schedule 9

Electricity Contract means a contract for the continuous supply of electricity to the Apparatus entered into by the Service Provider or the Authority (as the case may be)

Electricity Costs Adjustment or ECA shall have the meaning given to it in paragraph 1 of Part 1 of the Payment Mechanism

Electricity Market Test shall mean 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 to it in paragraph 3.6 of this Schedule 9

Forecast Electricity Consumption shall have the meaning given to it in paragraph 1 of Part 1 of the Payment Mechanism

Market Test Programme shall have the meaning given to in paragraph 3.2(a) of this Schedule 9

Market Test Report shall have the meaning given to in paragraph 3.2(b) of this Schedule 9

Successful Tenderer shall mean the tenderer selected by the Authority following the completion of an Electricity Market Test

Supply End Date shall mean:

(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 3.3 of this Schedule 9

Tender Documents shall mean the tender documents (approved by the Authority) to be sent to pre-qualified tenderers in accordance with paragraph 3.9, for the purposes of the conduct of and participation of the Electricity Market Test

__________________________________________________________________________________________

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.