CHANGE IN ELECTRIC MARKET DESIGN. If a Change in CAISO Tariff renders this Agreement or any terms herein incapable of being performed or administered, then either Party, on Notice, may request the other Party to enter into negotiations to make the minimum changes to this Agreement necessary to make this Agreement capable of being performed and administered, while attempting to preserve to the maximum extent possible the benefits, burdens and obligations set forth in this Agreement as of the Effective Date. Upon receipt of a Notice requesting negotiations, the Parties shall negotiate in good faith. If the Parties are unable, within sixty (60) days after the sending of the Notice requesting negotiations, either to agree upon changes to this Agreement or to resolve issues relating to changes to this Agreement, then either Party may submit issues pertaining to changes to this Agreement to mediation and arbitration as provided in Article Twelve. A change in cost will not in itself be deemed to render this Agreement or any terms therein incapable of being performed or administered, or constitute, or form the basis of, a Force Majeure Event. *** End of ARTICLE ELEVEN *** The contents of this document are subject to restrictions on disclosure as set forth herein. Article Eleven Change in Electric Market Design
CHANGE IN ELECTRIC MARKET DESIGN. If a change in the CAISO Tariff renders this Agreement or any provisions hereof incapable of being performed or administered, then any Party may request that Buyer and Seller enter into negotiations to make the minimum changes to this Agreement necessary to make this Agreement capable of being performed and administered, while attempting to preserve to the maximum extent possible the benefits, burdens, and obligations set forth in this Agreement as of the Effective Date. Upon delivery of such a request, Xxxxx and Seller shall engage in such negotiations in good faith. If Buyer and Seller are unable, within sixty (60) days after delivery of such request, to agree upon changes to this Agreement or to resolve issues relating to changes to this Agreement, then any Party may submit issues pertaining to changes to this Agreement to the dispute resolution process set forth in Article 15. Notwithstanding the foregoing, (i) a change in cost shall not in and of itself be deemed to render this Agreement or any of the provisions hereof incapable of being performed or administered, and (ii) all of the unaffected provisions of this Agreement shall remain in full force and effect during any period of such negotiation or dispute resolution.
CHANGE IN ELECTRIC MARKET DESIGN. 69 11.01 Changes Rendering this Agreement Incapable of Performance 69
CHANGE IN ELECTRIC MARKET DESIGN. If a change in the CAISO Tariff renders this Agreement or any provisions hereof incapable of being performed or administered, then any Party may request that Buyer and Seller enter into negotiations to make the minimum changes to this Agreement necessary to make this Agreement capable of being performed and administered, while attempting to preserve to the maximum extent possible the benefits, burdens, and obligations set forth in this Agreement as of the Effective Date. Upon delivery of such a request, Buyer and Seller shall engage in such negotiations in good faith. If Buyer and Seller are unable, within sixty (60) days after delivery of such request, to agree upon changes to this Agreement or to resolve issues relating to changes to this Agreement, then any Party may submit issues pertaining to changes to this Agreement to the dispute resolution process set forth in Article 16. Notwithstanding the foregoing, (i) a change in cost shall not in and of itself be deemed to render this Agreement or any of the provisions hereof incapable of being performed or administered, or constitute, or form the basis of, a Force Majeure Event, and (ii) all of unaffected provisions of this Agreement shall remain in full force and effect during any period of such negotiation or dispute resolution. EXHIBIT A DESCRIPTION OF THE FACILITY Site Name: Voyager Wind II, Phase 4 Site includes all or some of the following APNs: 000-000-00, 000-000-00, 000-000-00, 237- 251-15, 000-000-00, 000-000-00, 000-000-00, 000-000-00, 000-000-00 County: Xxxx County, California Guaranteed Capacity: 21.6 MW Interconnection Point: Windhub Substation near Mojave, CA Participating Transmission Owner: Southern California Edison Company Additional Information: [Shared Facilities – The Facility will share some existing transmission facilities with other parties via shared facilities agreement(s). The other parties to the shared facilities agreement(s) include [Voyager Wind I, LLC,] Pinyon Pines Wind I, LLC, Pinyon Pines Wind II, LLC, [Alta Wind VII, LLC (“AW VII”),] Alta Wind X, LLC (“AW X”), Alta Wind XI, LLC (“AW XI”), Alta Wind XII, LLC (“AW XII”), and Alta Wind Development, LLC (“AWD”). The gen-tie line from the project substation will connect to the existing, shared Suncreek switchyard (which includes a control house, a 230kV electrical bus with substation facilities, controls, yard grading, fences (including exterior perimeter fencing), area lighting, parking, and entryway roads servicing the sit...
CHANGE IN ELECTRIC MARKET DESIGN. If a change in the CAISO Tariff or the Resource Adequacy Rulings renders this Agreement or any provisions hereof incapable of being performed or administered, then any Party may request that Buyer and Seller enter into negotiations to make the minimum changes to this Agreement necessary to make this Agreement capable of being performed and administered, while attempting to preserve to the maximum extent possible the benefits, burdens, and obligations set forth in this Agreement as of the Effective Date. Upon delivery of such a request, Xxxxx and Seller shall engage in such negotiations in good faith. If Buyer and Seller are unable, within sixty (60) days after delivery of such request, to agree upon changes to this Agreement or to resolve issues relating to changes to this Agreement, then any Party may submit issues pertaining to changes to this Agreement to the dispute resolution process set forth in Article 15. Notwithstanding the foregoing,
