ARTICLE 9

NON-INTERFERENCE WITH EQUIPMENT

 

9.1

Subject to the terms of his Agreemnet and any regulations, orders, directions and codes prescribed or made by the Commission, each party agrees with the other that it shall not, and that it shall procure that its agents, contractors, employees and invitees shall not, interfere in any way with any of the other party's equipment without the prior conset of the other party. Such consent shall not be unreasonably withheld or delayed if it is necessary to deal with the other party's equipment taking into account the requirement of operation of the Transmission System and the Distribution System. For the purposes of this clause "interfere" shall include :-

 

(a)

serving, terminating, restricting, impairing or impeding any point of Supply and/or any connection between the Transmission System and the Distribution System;

 

(b)

disconnecting or altering the connection of any equipment to any system of cables, foundations, pipes, drains or other media to which it may be connected from time to time or to prevent supply of any substance or thing through such connected system;

 

(c)

affixing or removing any item or substance of any nature whatsoever to or from any equipment;

 

(d)

damaging any equipment or doing or omitting to do any act, or allowing any state of affairs to subsist, as a result of which any equipment would be likely to sustain any material damage;

 

(e)

allowing any other person to interfere with any equipment;

 

(f)

altering any meters or settings on any equipment;

 

(g)

obstructing access to any equipment; and

  (h)

impairing the effectiveness of any gate, fence, wall, alarm system or the means of keeping out intruders.

9.2

The obligations contained in this Article 9 shall be suspected to the extent that action is taken in good faith to protect the health and safety of persons or to prevent damage to property in the event of an Emergency provided that all reasonable care shall be taken in the course of such emergency action. When the Emergency has ended, any damaged property will be reinstated by the party whose equipment gave rise to the Emergency, save for damage occurring by reason of lack of reasonable care in the course of the emergency action which shall be the responsibility of the party taking the emergency action.

 

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