previously in use and originally contemplated by the Parties); (e) change in the rate of any applicable Taxes or (f)f the change in the terms or conditions of any Authorisation by an imposition of additional terms or conditions, which occurrence was not reasonably foreseen by the Parties and which makes the continued performance of this Agreement on the terms herein set forth materially less favourable to either or both Parties. For the avoidance of doubt, the Parties acknowledge that any procedural change of rules or change in trading regime contemplated in the Regional Market Rules shall not be construed as a Change in Law Event “Commercial Operation Date” means the date the contract begins actually operating from the commercial point of view. “Conditions Precedent” means all the conditions set out in Article 3 that must be satisfied or waived prior to this Agreement becoming effective “Confidential Information” means all information and data of whatever nature, which any Party may from time to time receive or obtain (orally or in written or electronic form) as a result of entering into, or performing its obligations pursuant to, this Agreement (including engineering data, maps, models and interpretations, commercial, contractual and financial information) “Consequential Loss” means for this Agreement and operations conducted under this Agreement, any damages, costs, or liabilities, or any losses or deferments of revenue, profit, opportunity or use, regardless of cause, which are not immediately and directly caused by the relevant act or omission “Contract Duration” is the duration of this Agreement specified in Article 4 from the Effective Date “Contract Year” means a period of one (1) Year beginning on the first day of the Month following the Commercial Operation Date or any anniversary thereof “Day” means a period of 24 hours commencing at [indicate GMT hour] hours and daily shall be construed accordingly “Default” means the occurrence of any one or more of the events specified in Article 19 “Delivery Point” means the physical point in the interconnector at which the energy is delivered from the Seller to the Buyer “Dispute” means any dispute, controversy, or claim of any kind or type,
SPECIAL CONDITIONS (DATA SHEET) 1 Trading Agreement Date 2 Seller’s Name 3 Seller’s Identification as WAPP market participant 4 Seller’s Address 5 Buyer’s Name 6 Buyer’s Identification as WAPP market participant 7 Buyer’s Address 8 Article 2. Interpretation g) Specify currency 9 Article 3. Conditions Precedent 4) Specify Effective Date 10 Article 6 Delivery 1) Specify Delivery Point 11 Article 13 Billing and Payment 1) Specify Seller’s Bank / account 12 Article 13 Billing and Payment 1) Specify Buyer’s Bank / account 13 Article 13 Billing and Payment 2) Details of Buyer’s payment Guarantee 14 Article 13 Billing and Payment 9) Specify “Agreed Interest Rate” 15 Article 16. Representations, Warranties and Covenants 1)a) Specify Seller’s legal form (private company, government’s corporatized company, TSO, etc) and country 16 Article 16. Representations, Warranties and Covenants 2)a) Specify Buyer’s legal form (private company, government’s corporatized company, TSO, etc) and country 17 Article 17. Force Majeure 8) Establish period for “Termination for Prolonged Force Majeure Event” reasons. (This period has to be consistent with the contract duration; this alternative can even be deleted from the contract if the duration is too short) 18 Article 18. Confidentiality 1) Establish period for which contract data must be maintained confidential