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THIS AGREEMENT is made the day of 2019

BETWEEN:

1) ANGLIAN WATER SERVICES LIMITED whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire PE29 6XU (“AWS”); and

2) XXXXX

WHEREAS:

1) AWS is the water undertaker for the area set out in its Instrument of

Appointment, which takes effect under the Water Industry Act 1991 (‘the Act’).

2) XXXXX has applied to the Authority to become the water undertaker for an

area, which includes the site known as XXXXX (“the Site”) and is a “qualifying person” for the purposes of section 40 of the Act.

3) Accordingly, this Agreement is made under section 40 of the Act.

4) Given that (should the parties not have come to this, or any, agreement) the Authority would consider the facilitation of effective competition in determining

the appropriate terms for the agreement (as required to do under section 40A(7)(a) of the Act), AWS will undertake the Local Off-Site Mains and Network

Reinforcements on similar conditions (mutatis mutandis) to those that might be required of the owner of the Site, were the works to be requisitioned under section 41 of the Act, among which is a payment formula set out in AWS’s

Developer Charging Arrangements.

NOW IT IS HEREBY AGREED:

1. Definitions and Interpretation

1.1. It is hereby agreed that the terms set out below shall have the meanings

hereby assigned:

Act Water Industry Act 1991, and any re-enactment or amendment of

the same whether made before or after the date of this Agreement and any regulations, orders, directives, directions, requirements or

delegated or secondary legislation made under it.

Additional

Capital Contribution

An additional capital contribution that may be required in respect of

sewerage reinforcements as a consequence of the Maximum Demand or Maximum Rate of Flow being exceeded.

Appendices 1. Plan and Supply Point;

2. Works Order Form

3. Contact Protocol

4. Information regarding payment of the Zonal Charge

5. Water Quality Protocol

Authorised Departure

A departure authorised under regulation 22 or 23 the Water Supply (Water Quality) Regulations 2016 (SI 614)

Authority The Water Services Regulation Authority (Ofwat)

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AWS Anglian Water Services Ltd

AWS’s

Distribution Network

The water supply network vested in AWS, including the source of

the water, its treatment works and any pipes or other apparatus vested in or operated by a licensed water supplier or a water

undertaker (XXXXX) which is connected to AWS’s Distribution Network.

Capital Contribution

The sums calculated in accordance with, and set out in, the First Schedule

Charges The Charges shall be the Wholesale Access Charges calculated in accordance with AWS’s Charges Scheme or, in the event of a Material Change, such Charges as are re-negotiated or determined

in accordance with clause 8.8 below.

Charges

Scheme

The Charges Scheme made annually by AWS under section 143 of

the Act (as amended by section 16(1) of the Water Act 2014) which is for the time being in force.

Charging Rules Rules made by the Water Services Regulation Authority regarding charges levied by AWS in respect of the carrying out of its

functions

Connection The permanent connection of XXXXX Distribution Network to

AWS’s Distribution Network at the Supply Point in the manner specified in Appendix 1 (Plan and Supply Point) pursuant to clause 3.4.

Connection Cost

The actual costs to AWS of making the Connection.

Contact Protocol

The contact details for both parties as set out in Appendix 3.

Designs The designs created by AWS in accordance with clause 2

Developer

Charging Arrangements

The charging arrangements issued by AWS in accordance with

Charging Rules for the time being in force

Emergency Means any circumstances beyond the reasonable control of AWS whereby the water supply to XXXXX is limited or unavailable

because of burst, plant or process breakdown, drought, pollution or otherwise.

Estimated Connection Contribution

XXXXX which is calculated in accordance with the First Schedule

Estimated Connection

Cost

XXXXX

Force Majeure Any circumstances beyond the reasonable control of either party,

namely, strikes, lock-outs, act of God, war, riot, civil commotion, terrorist activity, radioactive contamination, malicious damage,

compliance with any law or governmental order, rule, regulation, fire, drought or an Emergency.

XXXXX XXXXX

XXXXX

Distribution

The water supply network vested in XXXXX, including any

apparatus vested in or operated by a licensed water supplier or a

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Network water undertaker (other than AWS’s Distribution Network), which is connected to XXXXX Distribution Network.

Local Off-Site Mains

Such new Water mains between AWS’s Distribution Network and the Supply Point as AWS reasonably considers are necessary in

order to provide a Supply at the Supply Point.

Material

Change

A change in the Authority’s charging policy issued after the date of

this Agreement which applies to the charges payable in respect of these or similar bulk supplies.

Maximum Demand (Permanent

Connection)

XXXXX m3 per day, subject to an annual maximum of XXXXX m3 per annum.

Maximum Rate

of Flow (Permanent

Connection)

XXXXX litres per second at peak demand.

Meter Means a meter complying with the Measuring Instruments (Cold

Water Meters) Regulations 2006 and includes the box housing the meter, and any logger or out-reading apparatus.

Necessary Works

As defined in section 93 of the Act.

Network Reinforcements

Such infrastructure on AWS’s Distribution Network as AWS reasonably considers is necessary in order to provide a Supply at the Supply Point.

Plan The Plan attached to this Agreement as Appendix 1 showing the Site and the Supply Point.

Site The site known as XXXXX

Supply The supply of water by AWS to XXXXX at the Supply Point.

Supply Point The supply point marked “A” on the Plan being the point where AWS will permanently supply water to XXXXX under this

Agreement.

Surrogate

Reference Pressure

13 metres head (or such other standard) accepted by Ofwat as the

pressure required in the water mains forming part of AWS’s Distribution Network to meet the standard minimum pressure of 10

metres head at 9 litres per minute at the boundary stop tap of a customer.

Water Fittings Regulations

Water Supply (Water Fittings) Regulations 1999 made under Section 74 of the Act.

Water main Where the context so requires, includes “accessories” as defined in section 219 of the Act and any tanks, service reservoirs and pumping stations required in connection with the Supply.

Water Quality Protocol

The Protocol arrangements (including the Communication Protocol listing contact personnel) in respect of water quality included as

Appendix 5.

Water Quality Water Supply (Water Quality) Regulations 2016 (S.I. 2016/614).

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Regulations

Wholesale

Access Charges

From 1 April 2015, the Wholesale Access Charges set out in AWS’s

Charges Scheme when the Supply was made.

Working Day A day not including Saturdays, Sundays, Bank or other public

holidays.

Works Order

Form

The form included as Appendix 2.

Zonal Charge A charge (in addition to the Connection Charge) for the indirect

connection to AWS’s Distribution Network (via XXXXX Distribution Network) for the purposes of supplying water for domestic

purposes to premises which have never at any previous time been connected to a public water supply vested in AWS.

1.2. Except where a contrary definition is given, words and expressions used in this Agreement shall be given the meaning set out in the Act.

1.3. A reference to the Act and any statute, statutory provision, enactment, order, regulation, guidance, code of practice or other similar instrument shall

be construed as a reference to the Act, statute, enactment, order, regulation, guidance, code of practice or instrument as amended by or under any subsequent statute, statutory provision, enactment, order, regulation, code

of practice or instrument or as contained in any subsequent re-enactment thereof.

1.4. A reference to the Act and any other statute, statutory provision or enactment or order shall include regulations, codes of practice or guidance made or issued thereunder.

1.5. Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of this Agreement.

1.6. References to clauses and appendices are, unless otherwise provided, references to clauses and appendices to this Agreement.

1.7. References to this Agreement are to this Agreement together with the

Appendices numbered 1 to 5, as amended or supplemented. Any such amendment or supplement must be in writing and signed by both parties.

1.8. Words importing one gender includes all other genders and words importing singular include the plural and vice versa.

1.9. This Agreement replaces the Phase 1 Agreement, which is hereby revoked

subject to any rights or obligations which may have accrued thereunder prior to the date of this Agreement, and any other agreement or understanding

between the Parties.

2. Design of Local Off-Site Mains, Network Reinforcements and

Connection

2.1. AWS will forthwith proceed to prepare detailed designs of the Local Off-Site

Mains, Network Reinforcements, Connection.

2.2. Such designs will:

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2.2.1. be based on XXXXX application, reasonable requirements and information given for the purpose;

2.2.2. be suitable for that purpose;

2.2.3. include clarification of any such details as XXXXX may request;

2.2.4. set out a programme for mainlaying, Connection.

2.2.5. ensure that the flow and pressure at the Supply Point meet current legislation.

3. Construction of Local Off-Site Mains, Reinforcements and Connection

3.1. Following completion and submission of the Designs:

3.1.1. XXXXX must make the payment of the Estimated Connection Contribution (calculated in accordance with paragraph 1.2 of the First

Schedule;

3.1.2. AWS and XXXXX shall agree a date by which AWS shall complete the Connection in order that AWS can make the new Supply at the

Supply Point (which date shall be no earlier than as provided for in the programme forming part of the Designs).

3.2. AWS will then proceed to so complete the said construction by the dates agreed.

If the water taken by XXXXX at the Supply Point as a volume exceeds the

Maximum Demand per day or per annum or as a rate of flow exceeds the Maximum Rate of Flow.

3.3. XXXXX shall pay to AWS an Additional Capital Contribution as reasonably determined by AWS towards any of the reinforcements or any additional reinforcements or further Local Off-Site Mains and Reinforcements which

AWS consider are required to AWS’s Distribution Network as a consequence.

3.4. Following payment of the Estimated Connection Charge, XXXXX may request

AWS to make the Connection by sending to AWS the Works Order Form attached hereto as Appendix 2 and thereupon AWS shall make the Connection, which shall include the fitting of a non-return valve (NRV) at the

Supply Point to prevent any back flow or back siphonage from XXXXX Distribution Network into AWS’s Distribution Network.

3.5. XXXXX shall only be entitled to request AWS to make the Connection provided that:

3.5.1. the Authority has confirmed XXXXX as the water undertaker for an

area, which includes the Site;

3.5.2. all water mains and service pipes (to the relevant extent), which

have been constructed prior to the date of the Connection and are located within the Site, have been (and will remain) vested in XXXXX and form part of XXXXX Distribution Network (to the extent required

by law) whilst the Supply is being made.

3.6. XXXXX shall be entitled to request AWS to make the Connection provided

that all water mains and service pipes (to the relevant extent), which have been constructed prior to the date of the Connection and are located within

the Site, have been (and will remain) vested in XXXXX and form part of

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XXXXX Distribution Network (to the extent required by law) whilst the Supply (Permanent) is being made.

3.7. XXXXX shall ensure at all times that all water supply systems and water

fittings within the Site comply with the Water Fittings Regulations and all other relevant laws.

3.8. AWS shall ensure that a Meter vested in AWS and capable of accurately measuring both the volume and the rate of flow of the Supply is fitted at the

Supply Point and shall maintain such Meter so that it is capable of accurately measuring the Supply provided that if it becomes necessary or desirable to replace a Meter because of significant variations to the volume or rate of flow

of the Supply I XXXXX shall pay AWS the reasonable cost of such replacement.

3.9. If, at any time, a Meter is not in use, whether for maintenance or other reasons, AWS shall notify XXXXX.

3.10. XXXXX may ask for a Meter to be tested by AWS to prove that it is

measuring the Supply correctly within the relevant limits of deviation provided that if the Meter is found to be measuring correctly within the

relevant limits of deviation XXXXX shall reimburse AWS for the cost incurred in undertaking that test.

3.11. Insofar as any Meter is not located within a public highway,XXXXX shall

ensure that such Meter is kept free from damage and is accessible to AWS at all reasonable times and, if damaged or made inaccessible, shall repay to

AWS the cost of replacement or repair or, as the case may be, the reasonable costs incurred in obtaining access.

3.12. Subject to clause 8, such Meter shall be used by AWS for monitoring the

Maximum Demand, Maximum Rate of Flow and for charging purposes.

3.13. XXXXX shall not, without AWS’s consent (such consent not to be

unreasonably withheld or delayed, but may be granted subject to such conditions as AWS considers appropriate), fit any Meter of its own to any pipe vested in AWS and shall only fit its own Meter to its own pipes provided

always that any Meter fitted by XXXXX shall be for XXXXX purposes only and shall not be used for monitoring the Maximum Demand, the Maximum

Rate of Flow or for charging purposes.

3.14. XXXXX and AWS must comply with the terms of the First Schedule

3.15. XXXXX must comply with the terms of the Second Schedule in respect of so

much of any Local Off-Site Mains and Reinforcements as may fall within the Site

3.16. Any date agreed by the parties under clause 3.1 may be extended in the following manner and circumstances:

3.16.1. if the Site is not ready for mainlaying work to commence when work

is due to begin, the date shall be extended by a similar period, namely, a period equal to the period between the date the parties

had agreed and the date when the Site is ready for mainlaying work to commence;

3.16.2. if AWS’s work is delayed due to:

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3.16.2.1. the requirement for a traffic regulation order under the Road Traffic Regulation Act 1998 (as amended or replaced);

3.16.2.2. the requirement for consent from any person or body in respect of any of the work; or

3.16.2.3. operational issues with the existing water distribution network

the date shall be extended by a similar period, namely, a period equal to the period between the date the parties had agreed and the date when work can commence after such requirements have been

met;

3.16.3. in the event that AWS’s work cannot be carried out without

interruption or is otherwise delayed by XXXXX actions or omissions or the owner or occupier of the Site (or those on the Site under the control of any of them), or by any delays due to delays receiving

goods or materials from third party suppliers, the date shall be extended by such period as is reasonable having regard to such

interruptions, actions, omissions or delays.

4. Maximum Demand

4.1. AWS will from the date of the Connection supply water to XXXXX at the Supply Point up to the volume specified as the Maximum Demand provided

that no liability shall rest upon AWS if, acting reasonably and in good faith, it is prevented from doing so due to an Emergency or Force Majeure event.

4.2. XXXXX shall not take any water at the Supply Point for any purpose in

excess of the volume specified as the Maximum Demand.

4.3. AWS may take such steps as may be practicable to restrict the Supply at the

Supply Point to XXXXX to the Maximum Demand.

5. Flow/Pressure

5.1. Unless otherwise agreed in writing, AWS will supply water to XXXXX at the Supply Point at such pressure as could reasonably be expected to be

required to enable the Surrogate Reference Pressure to be capable of being achieved in the water mains within the Site which form part of XXXXX Distribution Network provided that XXXXX (acting reasonably and prudently)

has designed and operated XXXXX Distribution Network in such a way that the supplies to any part of the Site or to any particular properties are not

restricted or constrained and provided that no liability shall rest upon AWS if it is prevented from supplying water at such pressure due to an Emergency or Force Majeure event.

5.2. XXXXX shall not take any water at the Supply Point for any purpose in excess of the rate of flow specified as the Maximum Rate of Flow for any purpose in

excess of the rate of flow specified as the Maximum Rate of Flow and, so far as reasonably practicable, shall ensure that the rate of flow of the Supply

(whether for commissioning any water mains on XXXXX’s Distribution Network or otherwise) is taken at a reasonably steady and constant rate of flow and is not increased suddenly in such a way that it may cause

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discolouration or other problems within AWS’s Distribution Network. Velocities above 0.2 m/s have the potential to cause discoloured water issues, and must be avoided.

5.3. AWS may take such steps as may be practicable to restrict supplies to XXXXX:

5.3.1. at the Supply Point to the Maximum Rate of Flow (Permanent); or

5.3.2. at the Supply Point to the pressure calculated under clause 5.1.

5.4. Notwithstanding the above, AWS, acting reasonably and in good faith, reserves the right to supply water at different rates of flow or pressures where this results from changes in the availability of water, Necessary

Works, changes in AWS’s Distribution Network or if, in the due discharge of its statutory duty to supply water to customers generally, it considers it is

necessary or desirable to do so provided that AWS will notify XXXXX before making any long term change to AWS’s Distribution Network which will materially affect the rate of flow or pressure of the Supply.

5.5. XXXXX will be responsible for installing and maintaining sufficient storage or boosters to meet demand from its customers in excess of the Maximum Rate

of Flow or the pressure provided by AWS in accordance with clause 5.1.

6. Water Quality

6.1. The Bulk Supply shall comply with the quality standards imposed by the Act and the Water Quality Regulations (as per definition), PROVIDED ALWAYS

that where a particular standard is the subject of a legal instrument accepted or issued by the Secretary of State or the Chief Inspector of Drinking Water under the provisions of the Act or the Water Quality Regulations, compliance

with the terms of the relevant legal instrument shall be deemed to be compliance with the relevant quality standard imposed by the Act or the

Water Quality Regulations (as the case may be), in which case AWS shall provide XXXXX with a certified copy of any such authorised departure or undertaking. Each Party undertakes to keep the other Party fully informed of

any discussions which take place at any time hereafter with the Secretary of State for the proposed issue of a legal instrument and of the outcome

thereof.

6.2. AWS shall act as a Reasonable and Prudent Operator to ensure that AWS’s Distribution Network does not cause any contamination of the water in

XXXXX’s Water Distribution Network including, if authorised by the Receiving Undertaker, suspending the Bulk Supply and, in any event, shall:

6.2.1. notify XXXXX of the existence and cause (if known) of any contamination that it considers (acting as a Reasonable and Prudent Operator) could affect XXXXX’s Water Distribution Network as soon

as practicable after the same have come to AWS’s attention; and

6.2.2. keep XXXXX notified of the steps being taken to remedy the

contamination.

6.3. Without prejudice to clause 6.1, AWS reserves the right to supply water of a

different nature and composition or with different characteristics from that previously supplied where this results from the characteristics of the source or sources from which the Supply is taken, or AWS’s Distribution Network,

beyond the reasonable control of AWS or if, in the due discharge of its

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statutory duty to supply water, it considers it necessary or desirable to do so acting reasonably and in good faith.

6.4. In addition, both parties agree to be bound by the provisions of the Water

Quality Protocol (as set out in Appendix 5) or such modified version of such Water Quality Protocol as may from time to time be agreed in writing by the

parties.

7. Planned and Un-planned Works, Emergencies and other incidents

7.1. Both parties agree to abide by the Contact Protocol set out in Appendix 3 for the purposes of informing the other party about planned and un-planned

works, emergencies and other incidents in accordance with this clause.

7.2. AWS shall give XXXXX 3 Working Days’ notice of planned work or planned

Necessary Works to AWS’s Distribution Network or Meter which may (in AWS’s reasonably held opinion) affect the Supply if the interruption is expected to be greater than 4 hours duration.

7.3. AWS shall give XXXXX at least 24 hours’ notice of any other planned work or planned Necessary Works which may (in AWS’s reasonably held opinion)

materially affect the Supply for less than 4 hours duration.

7.4. AWS shall, whilst seeking to avoid unduly discriminating against XXXXX in allocating priority in remedying breakdowns, endeavour to remedy

breakdowns affecting the Supply within 12 hours if it is a minor burst or within 48 hours if the burst is on a strategic main.

7.5. In the event of an Emergency, which may (in AWS’s reasonable opinion) materially affect the Supply, AWS shall as soon as reasonably practicable after the circumstances constituting the Emergency have come to AWS’s

attention, notify XXXXX of the Emergency and of the causes (if known). In addition, AWS shall keep XXXXX briefed throughout the Emergency of the

steps being taken to continue or, as the case may be, to restore the Supply.

7.6. Without prejudice to clause 7.5, if AWS issues a boil notice notifying its customers to boil their water before drinking the water or using it for food

preparation or for other purposes or issues other precautionary advice to its customers due to water quality concerns, XXXXX shall immediately take

steps to notify its customers to take the same precautions.

7.7. XXXXX acting reasonably and in good faith shall ensure that any planned work to XXXXX’s Distribution Network does not lead to, and shall take such

action as is necessary to prevent, any contamination of the water in AWS’s Distribution Network including, if necessary, asking AWS to suspend the

Supply and, in any event, shall notify AWS immediately of any contamination or material risk of contamination to water in AWS’s or XXXXX’s Distribution Networks, including the cause (if known) and the steps being taken to deal

with the incident.

7.8. If either party (the “notifying party”) becomes aware of any contamination or

risk of contamination to water within its Distribution Network which could have arisen from the other party’s (the “notified party”) Distribution

Network, the notifying party must inform the notified party requiring it to take such action (including for the avoidance of doubt, any necessary investigation and monitoring and, if deemed necessary by the notifying

party, suspending the Supply) in respect of the notified party’s Distribution

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Network or the Supply to prevent the contamination or risk of contamination as the notifying party may require within or over such period as the notifying party may specify in the notice and, if the notified party fails to comply with

such notice and fails to the reasonable and good faith satisfaction of the notifying party to demonstrate that all necessary steps are being taken to

prevent contamination or the risk of contamination, the notifying party may carry out the steps specified in the notice and recover the costs of doing so

from the notified party, including any costs incurred as a result of having to carry out additional sampling, analyses and monitoring.

7.9. Both parties shall co-operate in good faith to ensure that any Emergency

does not affect supplies to either party’s customers and, in the event of an Emergency having occurred, shall co-operate with any investigation into the

causes of that Emergency and shall share any lessons learned so far as they relate to issues associated with the Supply in order to prevent a recurrence.

7.10. In the event that AWS considers it necessary to make a hosepipe ban or

other restrictions on the use of water as may from time to time be applied to AWS’s customers in the area surrounding XXXXX’s area of appointment as a

water undertaker, XXXXX shall take all steps necessary to impose upon its customers a hosepipe ban or other restrictions. AWS shall give such notice to XXXXX as is reasonable in the circumstances where it proposes to

introduce such restrictions.

7.11. Where AWS is proposing to apply for an ordinary or emergency Drought

Order that will restrict the use of water in the area surrounding XXXXX’s area of appointment as a water undertaker it shall notify XXXXX of its intention. XXXXX shall take all necessary steps to apply for an ordinary or emergency

Drought Order in equivalent or at its option more stringent terms to that applied for by AWS and impose restrictions on the use of water by its

customers no less than those applied by AWS to its customers. AWS shall give such notice to XXXXX as is reasonable in the circumstances where it proposes to apply for an ordinary or emergency Drought Order and the terms

sought.

8. Payment

8.1. In order for AWS to calculate the Zonal Charge XXXXX shall inform AWS at the beginning of each quarter of the addresses of properties connected to

XXXXX’s Distribution Network and, if relevant for the purposes of calculating the Relevant Multiplier, the number and type of water fittings and AWS shall

thereupon calculate the notional Zonal Charge in accordance with the principles set out in Condition C of AWS’s Instrument of Appointment and the amount fixed by the Charges Scheme according to the date when each

property was connected to XXXXX’s Distribution Network, and from that notional Zonal Charge, the actual proportion of it to be paid by XXXXX.

(“Relevant Multiplier” shall be defined by reference to Condition C of AWS’s Instrument of Appointment and the Charges Scheme.) (Information

regarding payment of Zonal Charges is given in Appendix 4.).

8.2. XXXXX shall pay AWS the proportion of the Zonal Charge as is set out in Appendix 4) on receipt of an invoice from AWS in accordance with clause

8.11.

8.3. Subject to sub-clauses 8.7 and 8.8, XXXXX shall pay AWS the Charges in

respect of the Supply.

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8.4. Subject to clause 8.6, the amount of water supplied by AWS to XXXXX shall be taken to be that shown by the readings taken from the Meters at the Supply Point and, in respect of the accuracy, testing, method of proof and

effect of such Meter readings the provisions of the Measuring Equipment (Cold Water Meters) Regulations 2006 and the Water (Meters) Regulations

1988 shall apply provided that if, at any time, the Meter is not in use or is not operational for any reason AWS may estimate the consumption for the

relevant period and issue a bill to XXXXX based on that estimated consumption.

8.5. If for any reason AWS is unable to obtain a Meter reading for any period

AWS may, acting reasonably and in good faith, estimate the volume supplied to XXXXX for that period and XXXXX shall pay in accordance with that

estimate until a Meter reading becomes available after which AWS shall rely upon the actual Meter reading or representative sample and bill XXXXX accordingly.

8.6. If water is taken by XXXXX in excess of the Maximum Demand or Maximum Rate of Flow, XXXXX shall pay for such excess at the volumetric rate set out

in its Charges Scheme (Retail) under the Anglian Area Household Standard Measured Tariff.

8.7. In the event of a Material Change, either party may propose an alternative

price which reflects the Material Change. If not agreed, within 6 months of such proposal, either or both parties may refer the matter to the Authority

for determination. Until agreed or determined, XXXXX shall continue to pay the Charges as if there had been no Material Change. Any alternative price shall take effect from the date agreed or determined, as the case may be.

8.8. XXXXX shall remain liable for all charges payable in respect of the Supply until this Agreement has expired or has been validly terminated in

accordance with clause 13.

8.9. AWS shall provide to XXXXXL a reconciliation statement of the Connection Cost within twelve months of making the Connection. If the Connection Cost

exceeds the Estimated Connection Cost, XXXXXL will pay to AWS 12% of the difference between the two within 28 days of provision of the reconciliation

statement. If the Estimated Connection Cost exceeds the Connection Cost, AWS will pay to XXXXXL 12% of the difference between the two within 28 days of provision of the reconciliation statement.

8.10. XXXXX shall pay all accounts submitted by AWS under this clause within 10 Working Days of receipt of an invoice from AWS by direct debit or Bank

Automated Clearing System (“BACS”).

8.11. If payment is not made within that time, interest shall be added to the outstanding amount at the rate of 4% per annum above the base rate from

time to time in force of Barclays Bank Plc (or such other bank as AWS may reasonably and in good faith nominate) from the date of non-payment of the

invoice until the date of payment.

8.12. Payment by XXXXX shall be made without conditions attached and without

deduction (except to the extent required by law), whether by way of set off or otherwise.

8.13. All payments due under this Agreement shall be exclusive of Value Added

Tax and all other taxes now or in the future payable in respect of the Supply which shall be added accordingly.

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8.14. Provided that there are no material changes to the layout of the Site and provided XXXXX complies in all respects with the terms of this agreement, unless this Agreement otherwise requires, there will be no charge for any

Local Off-Site Mains or Network Reinforcement required to facilitate the Supply at the Supply Point (Permanent) since in accordance with the

principle of equivalence with Developer Charging Arrangements, such work would not be considered necessary Site Specific Works under Charging Rules

had it been required by a developer.

9. Liability

9.1. Neither party shall be under any liability to the other for loss or damage arising from or in the course of or due whether directly or indirectly or in

whole or in part to the provision of the Supply except to the extent that such act or omission is unlawful or negligent or is in breach of an express provision of this Agreement.

9.2. Without prejudice to the generality of clause 9.1, AWS shall not be liable for any interruption, suspension or reduction of the Supply or because of any

variation in the quantity, quality, flow or pressure of the Supply except to the extent that such event is occasioned by the unlawful or negligent act or omission of AWS or is a breach of an express provision of this Agreement.

9.3. Without prejudice to clause 9.1, neither party shall be liable to the other either under this Agreement or generally under the law of negligence for loss

of use, profits, contracts, production or of revenue, for breach of contract to a third party, for increased costs of working or business interruption or for any consequential loss of any kind howsoever caused arising out of or in

connection with the provision of or the failure to provide the Supply.

9.4. Any liability under this Agreement or otherwise on the part of either AWS or

XXXXX shall be reduced to the extent that the other party has itself caused or contributed to the breach or the loss or damage occasioned thereby and, in the event of liability to any third party by a party arising from that party's

breach of this Agreement, the party who has caused or contributed to the breach or the loss or damage occasioned thereby shall indemnify the other to

the same extent.

9.5. Either party shall notify the other as soon as reasonably practicable following any matter coming to the attention of the other party which may constitute

or give rise to a breach by that party of any of its obligations under this Agreement. In such event, the other party shall use all reasonable

endeavours to mitigate any loss, damage or injury in any way resulting therefrom.

9.6. This clause shall be in substitution for and to the exclusion of all other claims

or remedies for damages or other relief under this Agreement but shall not exclude any compensation which may be payable under and in accordance

with the Act, or any other Act of Parliament or either party’s Instrument of Appointment as a water undertaker and in respect of which the amount of

compensation is fixed by the Act, regulations or the Instrument of Appointment, as the case may be.

9.7. Each of the sub-clauses of this clause shall survive termination of this

Agreement and shall be construed as a separate and severable contract term, so that if one or more such sub-clauses is held to be invalid, unlawful,

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or otherwise unenforceable, the remaining sub-clauses shall remain in full force and effect and shall continue to bind the parties.

9.8. Nothing in this clause seeks to exclude or limit either party’s liability to the

other for death or personal injury or any other liability that cannot as a matter of law be excluded or limited.

9.9. This Agreement (including this clause 9) shall be without prejudice to any liability which may arise under any standards of performance which may

apply at any time under any statute, statutory provision, enactment, order, regulation, guidance, code of practice or other similar instrument or which may be agreed in writing by an addendum to this Agreement at any time.

10. Force Majeure

10.1. If either party shall be unable to carry out any of its obligations under the Agreement because of Force Majeure, the Agreement shall continue to have full effect but both parties’ obligations (other than their payment obligations)

shall be suspended without liability for a period equal to the period during which the Force Majeure operates provided that that suspension is of no

greater scope and of no longer duration than that which is required by the Force Majeure.

11. Confidentiality

11.1. In this Agreement, ”Confidential Information“ shall collectively mean any and

all information, materials or data which is marked confidential or is confidential by its nature received by one party from the other party or by a third party on behalf of that party including commercial, financial, marketing,

technical, environmental, or other information, materials or data of whatever nature relating to the other party’s business or affairs (including data,

records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information including those concerning this Agreement in any form or medium whether disclosed in writing or by any

other means) and, for the avoidance of doubt, any reproductions of Confidential Information, in any form or medium or whether in whole or in

part, shall constitute Confidential Information.

11.2. Each party undertakes with the other that it shall preserve the confidentiality and secrecy of, and not directly or indirectly reveal, report, publish, disclose,

or transfer or use for its own purposes Confidential Information except to the extent otherwise permitted by the Agreement or with the prior consent in

writing of the party to whose affairs such Confidential Information relates or in the circumstances and to the extent set out in this clause.

11.3. The exceptions referred to in clause 11.2 are where the information:

11.3.1. enters the public domain or otherwise comes to the attention of the other party without any breach of clause 11.2 having occurred;

11.3.2. is disclosed to any employee, director, agent, contractor, consultant or professional advisor of the party who needs to have access to such

confidential information and who has been made fully aware of the obligations under this clause; and/or

14

11.3.3. is required to be disclosed in compliance with the Act or any other legal obligation other than a contractual obligation.

11.4. In addition, the parties acknowledge that, in the interpretation of the

Environmental Information Regulations 2004 (or any other Legal Requirement which gives any discretion to the party as to whether disclosure

should be made) the presumption will be in favour of disclosure and the disclosure will be entirely at the discretion of the party receiving the request

for information acting reasonably and in good faith.

11.5. This clause 11 shall continue to bind a person for a period of 5 years after the expiry of this Agreement or the date on which the Supply is terminated

for whatever reason.

12. Onward Sales and Future Competition

12.1. It is hereby declared that nothing within this Agreement precludes AWS or any other party from offering to supply water to any owner or occupier of

premises within the Site either by means of a supply from XXXXX or AWS or any third party, provided that such a supply is permitted by English law.

12.2. In the event of changes being made to the Act or the Competition Act 1998 so as to extend competition within the water industry, if such changes are relevant to the Supply either party may initiate a review of the terms of this

Agreement by serving notice of its proposals on the other party and, in the event of failure to reach agreement on such revised terms within 3 months of

any such notice, either party may refer the dispute to the Authority for a determination under section 40A of the Act or section 8(1) Water Act 2014.

13. Term

13.1. Subject to the remainder of this clause, this Agreement will commence on

the date hereof and continue until March 2042.

13.2. Not less than 12 months, but not more than 18 months, before the Agreement is due to expire XXXXX may serve notice that it wishes the

Agreement to be renewed for a further term of 10 years either on the same terms or on such revised terms as may be agreed or determined in

accordance with clause 14.

13.3. If the Agreement is revised or renewed under clause 13.2, XXXXX may serve a further notice under that sub-clause between 12 and 18 months prior to

expiry of that 10 year renewal period.

13.4. Notwithstanding the above:

13.4.1. XXXXX may terminate this Agreement at any time during the term or any renewal period by serving not less than one month’s notice on AWS.

13.4.2. AWS may terminate this agreement if the Authority has not confirmed the appointment of XXXXX as the water undertaker for an

area, which includes the Site, within 6 months of the date of this Agreement

13.5. Prior to expiry or termination of the Agreement (save under Clause 13.4), AWS shall serve upon XXXXX a notice indicating that it intends to terminate the Supply and take such steps as it may deem appropriate to disconnect

15

XXXXX’s Distribution Network (a “Disconnection Notice”). If XXXXX serves a notice on AWS stating that it wishes to renew the Agreement (a “Renewal Notice”) within one month of having received a Disconnection Notice, the

parties shall proceed as if the notice had been served under Clause 13.2. If XXXXX does not serve a Renewal Notice on AWS within the said one month,

or if termination takes place under Clause 13.4, AWS shall be entitled forthwith:

13.5.1. to take such steps as it may deem appropriate to disconnect XXXXX’s water main and terminate the Supply with effect from expiry of this Agreement pursuant to clause 13.1 or termination pursuant to clause

13.4; and

13.5.2. to recover from XXXXX all reasonable costs, expenses and liabilities

incurred as a consequence of such expiry or termination in addition to all outstanding charges and liabilities.

13.6. Termination or expiry of this Agreement shall not affect any rights or

obligations which may have accrued prior to its termination or expiry.

13.7. In the event of termination of this Agreement (by either party) prior to:

13.7.1. notice of completion given under paragraph 3.1 of the First Schedule; or

13.7.2. the appointment of XXXXX as a water undertaker for an area

including the Site

(whichever the later)

XXXXX shall pay to AWS the full amount of any costs that AWS has incurred (either having paid such costs or being under an enforceable obligation to pay them) prior to AWS having either given, or received, notice of such

termination.

13.8. For the avoidance of doubt, the calculation set out in paragraph 1.3 of the

First Schedule shall not be applied to the costs set out in clause 13.7

14. Variation

14.1. If XXXXX serves notice under either clause 13.2 or 13.5 asking for the Agreement to be renewed on revised terms, the notice served shall include

such revised terms as XXXXX wishes to propose.

14.2. AWS may serve notice in writing of proposed revised terms for any renewal period within 2 months of receipt of a notice served by XXXXX under either

clause 13.2 or 13.5

14.3. Both parties shall co-operate fully with the other in considering any proposed

revised terms and within 2 months of receipt shall give reasons for rejecting any such proposals.

14.4. In the event that no agreement has been reached on any proposed revised

terms within 4 months prior to the date when the Agreement is due to expire then:

14.4.1. the Supply shall continue after the date that the Agreement has expired on the same terms as before until either revised terms have

been agreed or determined or it has been agreed or determined that the Agreement should continue as before provided that where revised

16

terms have been agreed or determined they shall be applied from such date as may be agreed or determined; and

14.4.2. either party may refer the dispute to the Authority for determination

under section 40A of the Act or section 8(1) Water Act 2014) or under clause 21 (Dispute Resolution).

15. Assignment

15.1. In the event that either party ceases to be a water undertaker under the Act, this Agreement may be assigned by means of a Transfer Scheme under Schedule 2 of the Act, but not otherwise.

16. Entire Agreement

16.1. This Agreement contains all the terms and conditions between the parties and replaces all previous terms and conditions between AWS and XXXXX relating to the Supply.

16.2. Neither party shall be entitled to rely upon any warranty or representation made by the other unless such warranty or representation is given and set

out expressly in this Agreement.

17. Notices

17.1. Any notice to be sent by either party under this Agreement shall be in writing and shall be sent by first class post, fax or e-mail to the Company Secretary

at the registered office of that party together with a copy to any other designated person at the same or another address as notified by either party to the other.

18. Severance

18.1. If any provision (or part thereof) of the Agreement is or becomes invalid, unenforceable or illegal or, without prejudice to the generality of the foregoing, is found to be in breach of the Competition Act 1998 such

invalidity, unenforceability, illegality or breach shall not prejudice the remainder of the Agreement which shall continue to have effect subject to

clauses 13 and 14 above.

19. Contracts (Rights of Third Parties) Act 1999

19.1. For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a

party to it any right to enforce any of its provisions.

20. Waiver

20.1. No delay by or omission of either party in exercising any rights under the Agreement shall have effect as a waiver unless given in writing and shall not

prejudice the exercise of any future right available to that party.

17

21. Dispute Resolution

21.1. The parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with this Agreement.

21.2. If the dispute remains unresolved 20 Working Days after such dispute has been notified to the other party, an appropriate representative of each

party’s senior management shall meet to discuss and attempt to resolve the disputed matter.

21.3. If the matter remains unresolved after a further 15 Working Days following such meeting, then such dispute shall be referred to mediation pursuant to clause 21.4.1 below.

21.4. For the avoidance of doubt nothing in this Agreement shall be interpreted as limiting or preventing the right of any party at any time to seek a

determination from the Authority under section 40A of the Act or section 8(1) Water Act 2014 provided that if either party seeks a determination from the Authority under section 40A of the Act or section 8(1) Water Act 2014,

neither party may then refer the same (or substantially the same) issue to mediation without the consent of the other party and, in the event, of a

reference to mediation having already been commenced, both parties shall agree to terminate that mediation unless both parties consent to its continuation.

21.5. The procedure for mediation and consequential provisions relating to mediation are as follows:

21.5.1. a neutral adviser or mediator ("the Mediator") shall be chosen by agreement between the parties or, if they are unable to agree upon the identity of the Mediator within 10 Working Days after a request

by one party to the other, or if the Mediator agreed upon is unable or unwilling to act, either party shall within 10 Working Days from the

date of the proposal to appoint a Mediator or within 10 Working Days of notice to either party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution ("CEDR") to appoint a

Mediator;

21.5.2. the parties shall within 10 Working Days (or such period as may be

determined by CEDR) of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be

held. If considered appropriate, the parties may at any stage seek assistance from CEDR to provide guidance on a suitable procedure;

21.5.3. unless otherwise agreed, all negotiations connected with the dispute and any settlement / agreement relating to it shall be conducted in confidence and without prejudice to the rights of the parties in any

future proceedings;

21.5.4. if the parties reach agreement on the resolution of the dispute, the

agreement shall be reduced to writing and shall be binding on the parties once it is signed by both parties;

21.5.5. failing agreement, either of the parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not

be used in evidence in any proceedings relating to this Agreement without the prior written consent of both parties;

18

21.5.6. if the parties fail to reach agreement in the structured negotiations within 1 month of the Mediator being appointed or such longer period as may be agreed by the parties, then any dispute or difference

between them may be referred to the courts.

22. Governing Law

22.1. This Agreement shall be governed by the law of England and shall be subject

to the jurisdiction of the English courts.

23. Change of Law

23.1. If any provision (or part thereof) of this Agreement is or becomes invalid, unenforceable or illegal such invalidity, unenforceability of illegality shall not

prejudice the remainder of the Agreement which shall continue to have effect subject to the remainder of this clause.

23.2. If any party considers that its respective obligations are adversely affected to

a material extent by a change in any relevant Legal Requirement, the party so affected may propose a variation to the terms of this Agreement which, if

not agreed, shall be dealt with as a dispute under the terms of clause 21 above.

19

IN WITNESS whereof the duly authorised representatives of the parties have

executed this Agreement the date and year first before written

For and on behalf of Anglian Water Services Limited:

Name:

Position

Date:

Signature:

For and on behalf of XXXXX:

Name:

Position

Date:

Signature:

20

FIRST SCHEDULE

Payment terms and Calculation of the Capital Contribution

1. Calculation of the Capital Contribution

1.1. The Capital Contribution shall be calculated by applying the Connection Cost and the to the same formula as would be applied by virtue of AWS’s Developer

Charging Arrangements to the costs of providing a Water main requisitioned under Chapter II of Part III of the Act in order to arrive at the developer’s

charges. The costs of Network Reinforcements shall be excluded from the calculation.

1.2. The formula set by Developer Charging Arrangements for the 2018-19 Charging Year is the application of 12% to those costs; the resultant figure shall be the Capital Contribution.

1.3. Any dispute as to whether any element of the Local Off-Site Mains and Network

Reinforcements should have been included or excluded from costs subject to the calculation set out in paragraph 1.2 shall be determined according to the same criteria as would apply in the case of a dispute as to whether that element

should have been included or excluded from the cost of providing a main under Charging Rules (had the Local Off-Site Mains been the basis of such a

requisition).

2. Reconciliation of Costs and Payment

2.1. AWS shall give notice in writing to XXXXX at any time in the 12 months following

the date it considers that the Connection has been completed including a schedule of the final costs of providing those works and a calculation in accordance with paragraph 1.2; the relevant party shall make a reconciliation

payment within 21 days.

2.2. If there are any costs that could not be quantified at the time of the giving of the

notice set out in paragraph 3.1, AWS shall make a reasonable estimate of the same for the purposes of including those costs in the schedule referred to; when

those costs become known to AWS, it shall provide them to XXXXX forthwith and the relevant party shall make a reconciliation payment within 21 days.

2.3. AWS shall give notice in writing to XXXXX at any time in the 12 months following the date it considers that the Connection has been made including a schedule of

the final costs of providing those works and a calculation in accordance with paragraph 1.2; the relevant party shall make a reconciliation payment within 21 days.

2.4. If there are any costs that could not be quantified at the time of the giving of the

notice set out in paragraph 3.1, AWS shall make a reasonable estimate of the same for the purposes of including those costs in the schedule referred to; when those costs become known to AWS, it shall provide them to XXXXX forthwith

and the relevant party shall make a reconciliation payment within 21 days.

21

SECOND SCHEDULE

Obligations of XXXXX in respect of such of the Local Off-Site Mains and

Reinforcements as lie within the Site

1. To provide:

1.1. plans showing the full extent of the development and all the water service

connections required;

1.2. details of any planned phasing, if applicable;

1.3. any information required under the Construction (Design & Management)

Regulations 2015;

1.4. information relating to kerb lines, levels and any cables, wires, ducts or conduits;

and,

1.5. any other information that XXXXX may have that may affect the execution of

AWS’s works.

2. To procure that the Site is kept clear of all obstructions to the carrying out of necessary works by AWS.

3. To ensure the position of ducts for any cables, wires, ducts or conduits that may affect AWS’s works are clearly marked on the Site.

4. Providing and laying its own main to the agreed position, with ends sealed to prevent contamination.

5. To obtain any consents as may be requisite in respect of archaeology, scheduled ancient monuments, protected species and habitats.

22

Appendix 1 –

Plan and Supply Point

23

Plan Showing Supply Point for Water

24

Appendix 2 – Works Order Form

25

Anglian Water Service Limited

Developer Services

PO Box 495

Huntingdon

Cambridgeshire

PE29 6YY

Tel: 0845 606 6087

Email: developerservices@anglianwater.co.uk

Our Ref: [WO Number]

Your Reference:

Dear

With reference to clause 3.4 of the bulk supply agreement we would like to

request XXmmOD pipework with XXmmOD bypass and XXmm meter connection

to the design specification detailed in Appendix 1 of the same agreement. The

total cost of the connection being approximately £XX.

We understand that this connection request is subject to the terms and

conditions outlined below and all sections of the bulk supply agreement.

signed

position in company

date

Our site contact for this work will be:

contact name telephone number

e-mail fax number

site address

26

Terms and Conditions In these terms and conditions the

following expressions shall (where the context so admits) have the

following meanings:

‘Customer’ shall mean the customer as detailed on this form and any reference to Customer shall also

include any third party acting on the Customer’s behalf.

’Anglian Water’ shall mean Anglian Water Services Limited whose

registered office is at Lancaster House, Lancaster Way, Ermine

Business Park, Huntingdon, Cambridgeshire, PE29 6XU. ‘Site’ shall mean the site as defined

in the bulk supply agreement. ‘Water Undertaker’ shall mean a

company appointed by the Secretary of State or with the consent of or in accordance with a general

authorisation given by the Secretary of State, by the Director, as referred

to in the Water Industry Act, 1991, to be the water undertaker for the Site.

1. The connection is detailed in appendix 2 of The Bulk Supply

Agreement and Anglian Water shall make best endeavours to complete all work in accordance with this

design. Anglian Water reserves the right to review/alter this design to

facilitate any changes in onsite conditions

2. The work outlined in the offer will be completed within three

months from the date the work order form is received and The Customer

has been confirmed as the Water Undertaker for the Site (please note it may take up to 28 days for work to

be programmed). Anglian Water will notify the customer of a more

specific date for completion when it becomes available.

3. The offer is based upon the whole of the work detailed in the offer being carried out in an

uninterrupted period

3.1. Should the work be interrupted or delayed by the actions

or by the request of the Customer additional charges may be payable 3.2. Should the scope of the work

be changed by the actions or by request of the Customer additional

charges may be payable 4. All equipment and apparatus

circled in red within the design drawings in appendix 2 of The Bulk

supply Agreement is the property of Anglian Water and shall only be operated by Anglian Water

employees or our representatives

5. The Customer shall provide and lay clean pipes to the agree position with ends sealed to prevent

contamination

6. Payment of the estimated cost is made on the understanding that this forms a deposit - should the

actual cost on completion of the work be lower or higher a refund or

invoice will be issued for the excess value

7. With reference to clause 3.4 of the Bulk Supply Agreement Anglian

Water shall not make the connection until all applicable Capital Contributions detailed in the Bulk

Supply Agreement have been paid by the Customer to Anglian Water

(please note Anglian Water shall invoice these charges separately

upon the Customer being confirmed as the Water Undertaker for the Site).

8. If The Customer is not

appointed the Water Undertaker for The Site Anglian Water will, upon request, return all monies paid in

relation to The Site less any cost

27

incurred by Anglian Water in completion of related work to that date.

28

Appendix 3 –

Contact Protocol

29

In the event of an emergency or operational incident that could potentially impact upon or have originated from the Anglian Water supply or sewerage systems Anglian Water requests that XXXXX observe the protocol outlined in this

document to help ensure any emergency or incident can be resolved as quickly as possible. To request any assistance from Anglian Water during a major

incident Anglian Water request that XXXXX observe the same protocol.

Water Supply/Distribution To contact Anglian Water to inform of an emergency or operational incident that

could potentially impact upon or have originated from the water Supply/Distribution systems of Anglian Water or to request any assistance from

Anglian Water during a major incident affecting Water Supply and/or Distribution:

Call Anglian Water’s operational call centre on 03457 145 145 or our Duty

Manager directly on 0345 0703446. Identify yourselves as the Water Undertaker for the Site

Ask to be redirected immediately to the OMC Duty Manager (Water) The operational call centre will forward you directly to the OMC Duty Manager

(Water) who will be able to organise the appropriate operational response.

In the event of a water quality incident occurring within the XXXXX system Anglian Water asks XXXXXL to have taken all reasonable steps to investigate the

root cause of the water quality incident and have reasonable cause to suspect, with evidence to support such suspicions, that it originated from the Anglian Water Supply/Distribution system prior to contacting Anglian Water. This will aid

Anglian Water in the effective identification of the source of any potential water quality issue and contribute to the speedy resolution of any such incident.

In the event of a low pressures (DG2 incidents) occurring within the XXXXX system Anglian Water asks XXXXX to have taken all reasonable steps to

investigate the root cause of the low pressure and have reasonable cause to suspect, with evidence to support such suspicions, that it originated from the

Anglian Water Distribution system prior to contacting Anglian Water. This will aid Anglian Water with the effective identification of the cause of any potential loss in pressure and contribute to the speedy resolution of any such incident.

The event of Anglian Water needing to contact XXXXX in relation to an

emergency impacting or with the potential to impact upon the Water Supply/Distribution system of XXXXX, Anglian Water will contact;

Water Operations Department TEL & Mobile:

Email:

30

Inappropriate Customer Contact If XXXXX is contacted inappropriately by an Anglian Water customer, Anglian

Water requests that XXXXX inform the customer to:

Call the Anglian Water operational call centre (on 08457 145 145) if contact has been received by telephone.

Advise the customer to write to Anglian Water (at Anglian Water, Customer Services, PO Box 10642, Harlow, CM20 9HA) if contact has been received by post.

Anglian Water will forward all inappropriate contact from XXXXX customers to the preferred contact details provided:

XXXXX customer’s contacting Anglian Water inappropriately should be instructed to contact:

contact name

(if applicable)

telephone number

(if applicable)

e-mail

(if applicable)

fax number

(if applicable)

address

(if applicable)

31

Appendix 4 -

Information regarding payment of Zonal Charge

32

In accordance with clause 8.1 of the Bulk Supply Agreement, Anglian Water requires XXXXX to provide (within 10 days of the first day of each month) details of the number and type of properties newly connected to the Water and/or

Sewerage system(s). This is to allow Anglian Water to bill XXXXX for Zonal Charges to cover the cost of additional demand on the Anglian Water network.

The charges are applied at a standard rate to domestic properties with dedicated

facilities and non domestic properties with a water supply less than 20mm. They are calculated based upon the number of water fittings in the case of domestic properties with shared facilities and non domestic properties with a water supply

great than 20mm.

Anglian Water requires these figures in different formats (detailed below) depending on the type of property connected and will send XXXXX’s nominated contact one combined invoice with all the Zonal Charges for that period once

they have been calculated. Please note that Anglian Water’s Zonal Charges for developers are set at a standard rate which is reviewed on the 1st of April each

year. The parties recognise that there is available an element of “off-set” payment to

persons requisitioning water mains under section 41 of the Act or reaching agreement to lay water mains under section 51A of the Act. In order to replicate

an element of “off-set” in respect of this bulk supply agreement, in respect of any premises connected between the date of this agreement and 31 March 2020, Anglian Water will calculate the Zonal Charge payable by XXXXX by taking

the Zonal Charges set in its Charges Scheme and deducting the sum of £409.29 per property.

In respect of connections made from 1 April 2020 to the end of the term of this agreement, Anglian Water and XXXXX will negotiate in good faith to agree a

method of charging that: complies with any decisions, guidance or rules made by Ofwat or if none

strictly apply, (because – by way of example but not by way of limitation –such rules only apply prospectively) replicates the same;

continues to replicate the “off-set”;

recognises the deduction set out above. Any such agreement is to be recorded in writing as an addendum to this

agreement. VAT- Zonal Charges on new properties for residential purposes are zero-rated

i.e. VAT is not payable. Charges for other premises will be standard rated with the exemption of certain approved alterations to listed buildings and certain

premises used for charitable purposes.

Zonal Charges are a form of infrastructure charge permitted by Section 146 of the Water Industry Act, 1991.

Zonal Charges for domestic properties with dedicated facilities

As outlined in the schedule above XXXXX will contact the nominated Anglian Water contact (detailed below) in writing stating the number of newly connected

domestic properties and whether they are connected for water only, waste water

33

only or both. Anglian Water will then calculate the Zonal Charges based upon these figures and send a combined invoice to the XXXXX contact nominated below.

In accordance with section 7.3 of The Bulk Supply Agreement XXXXX will pay the

Zonal Charges within 21 days of receipt of the invoice.

Please note if you also have a Bulk Discharge Agreement with Anglian Water for the same site you will only need to provide these figures once and pay the one invoice and it will satisfy sections 5.1 and 5.2 of the Bulk Discharge Agreement.

Zonal Charges for domestic properties with shared facilities* (*i.e. a block of flats with communal bathrooms and/or kitchen, student halls of

residence, etc)

As outlined in the schedule above XXXXX will complete a Non Standard Zonal Charges Form for each property falling within this category newly connected to the water and/or sewerage system(s) and forward it/them to the nominated

Anglian Water contact (detailed below). Anglian Water will use the information from the form(s) to calculate the Zonal Charge for each property and send a

combined invoice to the XXXXX contact nominated below. In accordance with section 7.3 of The Supply Agreement XXXXX will pay the

Zonal Charges within 21 days of receipt of the invoice.

If you have any questions whilst completing the form(s) please contact the nominated Anglian Water contact detailed below. A blank copy is provided in appendix 5.1- if you require a new or electronic copy of the form please contact

the nominated Anglian Water contact.

Please note if you also have a Bulk Discharge Agreement with Anglian Water for the same site you will only need to provide these figures once and pay the one invoice and it will satisfy sections 5.1 and 5.2 of the Bulk Discharge Agreement.

Zonal Charges for non domestic properties As outlined in the schedule above XXXXX will contact the nominated Anglian

Water contact (detailed below) in writing stating the number of newly connected non domestic properties and whether they are connected for water only, waste

water only or both. Anglian Water will then calculate the Zonal Charges based upon these figures and send a combined invoice to the XXXXX contact

nominated below. In accordance with section 7.3 of The Bulk Supply Agreement XXXXX will pay the

Zonal Charges within 21 days of receipt of the invoice.

Please note if you also have a Bulk Discharge Agreement with Anglian Water for the same site you will only need to provide these figures once and pay the one invoice and it will satisfy sections 5.1 and 5.2 of the Bulk Discharge Agreement.

34

Zonal Charges for non domestic properties with a water supply larger than 20mm

At the end of each quarter, XXXXX will complete a Non Standard Zonal Charges

Form for each property falling within this category newly connected to the water and/or waste water system(s) and forward it/them to the nominated Anglian

Water contact (detailed below). Anglian Water will use the information from the form(s) to calculate the Zonal Charge for each property and send a combined invoice to the XXXXX contact nominated below.

In accordance with section 7.3 of The Bulk Discharge Agreement, XXXXX will pay

the Zonal Charges within 21 days of receipt of the invoice. If you have any questions whilst completing the form(s) please contact the

nominated Anglian Water contact detailed below. A blank copy is provided in appendix 5.1 - if you require a new or electronic copy of the form please contact

the nominated Anglian Water contact. Please note if you also have a Bulk Supply Agreement with Anglian Water for the

same site you will only need to provide these figures once and pay the one invoice and it will satisfy sections 5.1 and 5.2 of the Bulk Discharge Agreement.

Nominated contacts

Anglian Water’s nominated contact for infrastructure charging

contact name

(if applicable)

telephone

number (if applicable)

e-mail (if applicable)

fax number (if applicable)

address (if applicable)

XXXXX’s nominated contact for infrastructure charging

contact name

(if applicable)

telephone number

(if applicable)

e-mail

(if applicable)

fax number

(if applicable)

address

(if applicable)

35

Appendix 5 –

Water Quality Protocol

36

1. Introduction and Definitions 1.1 This Protocol applies to the following agreement(s):

Original Parties n/a

Current Parties

Agreement dated …## ## …………………………………..

Anglian Water Services Ltd. and XXXXX.

Location/Name of Bulk Supplies

Bulk supplies from Anglian Water Services Limited (Supplying Company) to XXXXX (Receiving Company);

Bulk Supply Supplier Water

Supply Zone Recipient Water

Supply Zone Supply Type

Supplying WTW

1.2 The Protocol does not create binding legal obligations or amend the above agreement(s). Its purpose is to set out the intentions of the parties

concerning exchange of relevant water quality information.

1.3 It is intended that the Protocol will continue throughout the duration of the agreement(s) but will be reviewed by the parties from time to time.

1.4 For the purposes of this Protocol, the following words shall have the

following meanings:

‘Act’ means the Water Industry Act 1991, and any re-enactment or amendment of the same whether made before or after the date of this Agreement and any

regulations, orders, directives, directions, requirements or delegated or secondary legislation made under it.

‘Authorised Departure’

means an authorisation granted by the Secretary of State under Regulations 22 or 23 to temporarily supply water exceeding a drinking water standard when there

is no risk to human health and while remedial work is being carried out to improve the quality of the supply.

‘Bulk Supply’ means the supply of potable or non-potable water for the purposes of supplying premises at the Location.

‘Intake Protection Alarm’

means an alarm generated and relayed to a control room by an automatic water quality monitoring system used to monitor set parameters in a surface water

source upstream of an intake point for water treatment works.

‘Local means arrangements agreed between the parties in

37

Arrangements’ order to facilitate effective and timely liaison in relation to water quality issues together with sharing of information and best practice.

‘Location(s)’ means the Location(s) of the premises which are in receipt of the Bulk Supply, details of which are set out in Schedule 1 the end of this Protocol.

‘Notice’ refers to a notice given by the Secretary of State under Regulation 28(4).

‘Potable Water’ means water that is required to meet the standards of the Regulations.

‘Receiving Company’

means the company receiving the Bulk Supply details of which are set out at the end of this Protocol.

‘Regulator’ means the Secretary of State for Environment, the Drinking Water Inspectorate or the Environment

Agency.

‘Regulations’ means the Water Supply (Water Quality) Regulations 2016 (England only). All references to a Regulation

Number relates to the Regulations. Devolved regulations apply in Scotland, Northern Ireland and Wales.

‘Risk Assessment’

means a risk assessment made under Regulation 27.

‘Report’ means a report submitted under Regulation 28.

‘Source to Tap Chain’

means the source of supply from which the Bulk Supply is taken, and, where relevant, the storage

reservoir used to store raw water, water treatment works used to treat the Bulk Supply, service reservoirs

used to store the Bulk Supply and any other part of the Supplying Company’s water supply network which the Supplying Company consider could have a significant

impact on the quality of the Bulk Supply.

‘Supplying Company’

means the company making the Bulk Supply details of which are set out at the end of this Protocol.

‘Undertaking’ means an undertaking given by the Supplying Company under the provisions of Section 19 of the Act. Undertakings are legally binding programmes of work

by a water company and agreed by the Chief Inspector of Drinking Water to address actual or potential water quality issues.

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2 Risk assessments

2.1 The Bulk Supply shall be detailed in the Regulation 27 Risk Assessments and Regulation 28 Reports of both parties.

2.2 AWS shall provide XXXXX with details of any risk based monitoring programmes that are relevant to the Bulk Supply (e.g. the names of pesticides assessed in the raw water source from which the Bulk Supply is taken) so that monitoring programmes of the parties can, where

appropriate, be aligned.

2.3 The parties will cooperate in providing each other with Report information reasonably required in order to conduct and update their Risk

Assessments to the extent that it is relevant to the Bulk Supply.

3 Information Exchange

3.1 AWS will provide XXXXX with the following:

i) a copy of any legal instrument (including the schedule of works), associated with the Bulk Supply;

ii) details of the Source to Tap Chain, including any material changes to the Source to Tap Chain before they occur (except in the case of emergencies where AWS should inform XXXXX as soon as practicable after

necessary action is taken); and

iii) information set out in the Local Arrangements (if any) referred to in the Schedule to this Protocol.

3.2 AWS will keep XXXXX fully informed if seeking a legal instrument which affects the Bulk Supply or if a Notice is received which affects the Bulk Supply.

3.3 A party will notify the other party and provide all relevant information as soon as reasonably practicable after becoming aware of any of the

following:

3.3.1 In respect of Bulk Supplies of potable water, where any circumstances arise which have led to a breach of Regulation 4 (or

where the notifying party believes there is a significant risk of such a breach) which could impact the Bulk Supply.

3.3.2 In respect of Bulk Supplies of non potable water:

i) any significant change in water quality which the notifying party believes may have an impact on the Receiving Company; and

ii) any significant Intake Protection Alarms where the Supplying Company identifies a potential impact on the quality of the Bulk

Supply.

3.3.3 In respect of all Bulk Supplies:

i) any event which is notified to a Regulator, a Health Authority or a Local Authority that may impact upon the Bulk Supply;

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ii) a significant change in the number or type of water quality customer contacts where assessment identifies a potential link to, or impact upon, the Bulk Supply;

iii) any significant aesthetic issue affecting appearance, odour or taste which the notifying party believes may have an impact on, or be attributed to, the Bulk Supply;

iv) any planned work which identifies a potential impact on the Bulk Supply;

v) any other information that the notifying party believes has the potential to significantly impact the Bulk Supply; and

vi) a copy of AWS’s Agreed Liaison with Neighbouring Water Companies that accompanies this document that may be updated from time to time.

4 Communication

4.1 All notifications made under this Protocol shall be made initially by telephone followed by e-mail communication. The contact names, telephone numbers and e-mail addresses shall be those set out in the

Schedule 1, except where alternative contact details are supplied by either party.

4.2 Telephone contact between parties must be available 24 hours a day;

4.3 Where a water quality issue has been identified and notified, an on-going

dialogue between the parties regarding impacts and remedial actions should be conducted.

5 Regulation 15

5.1 XXXXX acknowledges the requirements of Regulation 15 (Sampling: new sources) and any associated guidance issued by the Drinking Water

Inspectorate.

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SCHEDULE 1

Local Arrangements and Contact Details

Any specific additional arrangements to be detailed here:

Notifications will be for the specific parameters and in the timescales defined in the Anglian Water Bulk Supply Procedure and Water Quality

Response Procedures. These documents will be reviewed with XXXXX on an annual basis. Specific contact details will also be provided, reviewed and updated as necessary.

Initial Contact details

Company Time Water Quality Contact Name / Team

Telephone and Email

Supplying

Company (Anglian

Water)

Office

Hours

(09:00 –

17:00)

Operational Management

Centre (ask to speak to the Liaison Scientist)

03457 145 145

Out of Hours

(17:00 –

09:00)

Operational Management Centre (ask to speak to the

Duty Scientist)

03457 145 145

Receiving

Company (XXXXX)

Office

Hours (Mon-Fri 09:00 –

17:00)

Water Operations xxxxx

Out of

Hours

(Bank

Holidays, Weekend and Mon-

Fri 17:00 – 09:00)

XXXXX Out of Hours

xxxxx

Note: Contact details may be updated from time to time and where an Operational Notification Agreement is in place, details will be set out in the Appendix to that Agreement.

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We hereby confirm our intention to abide by the provisions set out in this Protocol.

Signed by a duly authorised signatory on behalf of the Company making the Bulk Supply:

Company Name:

Anglian Water Services Limited

Signature:

__________________________________________

Name of Signatory:

Title of Signatory:

Date: __________________________________________

Signed by a duly authorised signatory on behalf of the Company receiving the Bulk Supply:

Company Name:

XXXXX Limited

Signature:

__________________________________________

Name of Signatory:

Title of Signatory:

Date: __________________________________________