Common use of ·Alternate Price Redetermination Clause in Contracts

·Alternate Price Redetermination. If any or all of the indices used to determine the Spot Price or the Contract Price are not available in the future, the Parties agree to promptly negotiate a mutually satisfactory alternate index for the Spot Price or Contract Price (each an "Alternate Price"). If the Parties cannot agree by the end of the first Month for which the Spot Price or Contract Price could not be determined, then Seller and Buyer shall each prepare a prioritized list of up to five alternative published reference postings or prices representa­tive of spot prices for Gas delivered in the same geographic area. Each Party shall submit its list to the other within 10 Days after the end of the first Month for which the price could not be determined. The first listed index appearing in Seller's list that also appears in Buyer's list shall constitute the replacement index. If no common indices appear on the lists, each Party shall submit a new list adding two indices within 10 Days. If either Party fails to provide timely a list, such Party's list shall not be considered. From and after the "Renegotiation Date," which shall be the date the Spot Price or Contract Price is no longer available, until the Alternate Price is determined, the Alternate Price shall be the average of the Spot Price(s) or Contract Price(s) in effect during the 12 Months preceding the Month in which the Renegotiation Date occurred, which price shall be effective until the Alternate Price is determined. Upon determination of a new Alternate Price, the Spot Price or Contract Price, as applicable, will be adjusted retroactively to the Renegotiation Date.

Appears in 16 contracts

Samples: Purchase/Sale Agreement, Sale Agreement, Sale Agreement

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·Alternate Price Redetermination. If any or all of the indices Index used to determine the Spot Price or the Contract Price are is not available in the future, the Parties agree to promptly negotiate a mutually satisfactory an alternate index Index for the Spot Price or Contract Price (each an "Alternate Price"). If the Parties cannot agree to an alternate Index by the end of the first Month for which the Spot Price or Contract Price could not be determined, then Seller and Buyer shall each prepare a prioritized list of up to five three alternative published reference postings or prices representa­tive representative of spot prices for Gas delivered in the same geographic area. Each Party shall submit its list to the other within 10 Days after the end of the first Month for which the price could not be determined. The first listed index Index appearing in Seller's ’s list that also appears in Buyer's ’s list shall constitute the replacement indexIndex. If no common indices appear on the lists, each Party shall submit a new list adding two indices within 10 Days. If either Party fails to provide a list in a timely a listmanner, such Party's ’s list shall not be considered. From and after the "Renegotiation Date," ”, which shall be the date the Spot Price or Contract Price calculated on the referenced Index is no longer available, until the Alternate Price alternate Index is determined, the Alternate Contract Price shall be the average of the Spot Price(s) or Contract Price(s) Prices in effect during the 12 three Months preceding the Month in which the Renegotiation Date occurred, which price Contract Price shall be effective until the Alternate Price alternate Index is determined. Upon determination of a new Alternate Pricean alternate Index, the Spot Contract Price or Contract Price, as applicable, will be adjusted retroactively to the Renegotiation Date.

Appears in 1 contract

Samples: Gas Purchase Agreement

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·Alternate Price Redetermination. If any or all of the indices used to ------------------------------- determine the Spot Price or the Contract Price are not available in the future, the Parties agree to promptly negotiate a mutually satisfactory alternate index for the Spot Price or Contract Price (each an "Alternate Price"). If the --------------- Parties cannot agree by the end of the first Month for which the Spot Price or Contract Price could not be determined, then Seller and Buyer shall each prepare a prioritized list of up to five alternative published reference postings or prices representa­tive representative of spot prices for Gas delivered in the same geographic area. Each Party shall submit its list to the other within 10 Days after the end of the first Month for which the price could not be determined. The first listed index appearing in Seller's list that also appears in Buyer's list shall constitute the replacement index. If no common indices appear on the lists, each Party shall submit a new list adding two indices within 10 Days. If either Party fails to provide timely a list, such Party's list shall not be considered. From and after the "Renegotiation Date," which shall be the date the Spot Price ------------------ or Contract Price is no longer available, until the Alternate Price is determined, the Alternate Price shall be the average of the Spot Price(s) or Contract Price(s) in effect during the 12 Months preceding the Month in which the Renegotiation Date occurred, which price shall be effective until the Alternate Price is determined. Upon determination of a new Alternate Price, the Spot Price or Contract Price, as applicable, will be adjusted retroactively to the Renegotiation Date.

Appears in 1 contract

Samples: Agreement (Boston Gas Co)

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