Certain Disputes. Seller shall, at Buyer’s reasonable direction and expense for direct, out-of-pocket, un-Affiliated third-party costs reasonably incurred by Seller and approved in advance by Buyer, dispute, settle, appeal or otherwise challenge before any applicable Balancing Authority or Governmental Authority any cost, charge, payment, credit, or computation thereof by such Balancing Authority or Governmental Authority to the extent such cost, charge, payment, credit or computation (a) is relevant to payments from such Balancing Authority or Governmental Authority or other credits to which Xxxxx is entitled or costs or charges paid by or invoiced to Buyer hereunder and (b) as between Xxxxx and Seller, may be disputed only by Seller (or an agent or other representative of Seller in its capacity as such). Without limiting the foregoing or Section 11.7, Seller shall cooperate with Buyer with respect to any such dispute, settlement, appeal, or other challenge, including by providing to Buyer any settlement information and data relating to such dispute, settlement, appeal or other challenge received by Seller from such Balancing Authority or Governmental Authority and not already available to Buyer.
Appears in 8 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Certain Disputes. Seller shall, at Buyer’s reasonable direction and expense for direct, out-of-pocket, un-Affiliated third-party costs reasonably incurred by Seller and approved in advance by Buyer, dispute, settle, appeal or otherwise challenge before any applicable Balancing Authority or Governmental Authority any cost, charge, payment, credit, or computation thereof by such Balancing Authority or Governmental Authority to the extent such cost, charge, payment, credit or computation (a) is relevant to payments from such Balancing Authority or Governmental Authority or other credits to which Xxxxx Buyer is entitled or costs or charges paid by or invoiced to Buyer hereunder and (b) as between Xxxxx Buyer and Seller, may be disputed only by Seller (or an agent or other representative of Seller in its capacity as such). Without limiting the foregoing or Section 11.7, Seller shall cooperate with Buyer with respect to any such dispute, settlement, appeal, or other challenge, including by providing to Buyer any settlement information and data relating to such dispute, settlement, appeal or other challenge received by Seller from such Balancing Authority or Governmental Authority and not already available to Buyer.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Certain Disputes. Seller shall, at Buyer’s reasonable direction and expense for direct, out-of-pocket, un-Affiliated third-party costs reasonably incurred by Seller and approved in advance by Buyer, dispute, settle, appeal or otherwise challenge before any applicable Balancing Authority or Governmental Authority any cost, charge, payment, credit, or computation thereof by such Balancing Authority or Governmental Authority to the extent such cost, charge, payment, credit or computation (a) is relevant to payments from such Balancing Authority or Governmental Authority or other credits to which Xxxxx Buyer is entitled or costs or charges paid by or invoiced to Buyer hereunder and (b) as between Xxxxx and Seller, may be disputed only by Seller (or an agent or other representative of Seller in its capacity as such). Without limiting the foregoing or Section 11.7, Seller shall cooperate with Buyer with respect to any such dispute, settlement, appeal, or other challenge, including by providing to Buyer any settlement information and data relating to such dispute, settlement, appeal or other challenge received by Seller from such Balancing Authority or Governmental Authority and not already available to Buyer.
Appears in 2 contracts