Common use of Change in Law or Buyer’s Accounting Treatment, Subsequent Judicial or Regulatory Action Clause in Contracts

Change in Law or Buyer’s Accounting Treatment, Subsequent Judicial or Regulatory Action. (a) If, during the Term of this Agreement, there is a change in Law or accounting standards or rules or a change in the interpretation or applicability thereof that would result in adverse balance sheet or creditworthiness impacts on Buyer associated with this Agreement or the amounts paid for Products purchased hereunder, Buyer shall prepare an amendment to this Agreement (x) to avoid or mitigate such impacts, while preserving the existing terms of this Agreement not impacted by such changes, and (y) in a manner that, to the extent possible, mitigates any material adverse effect(s) on Seller (as identified by Seller, acting reasonably) that could reasonably be expected to result from such amendment, provided that such amendment does not (unless Seller otherwise agrees) alter: (i) the purchase and sale obligations of the Parties pursuant to this Agreement or (ii) the Price. Buyer and Seller shall negotiate in good faith in an effort to agree on such amendment.

Appears in 7 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Change in Law or Buyer’s Accounting Treatment, Subsequent Judicial or Regulatory Action. (a) If, during the Term of this Agreement, there is a change in Law or accounting standards or rules or a change in the interpretation or applicability thereof that would result in adverse balance sheet or creditworthiness impacts on Buyer associated with this Agreement or the amounts paid for Products purchased hereunder, Buyer shall prepare an amendment to this Agreement (x) to avoid or mitigate such impacts, while preserving the existing terms of this Agreement not impacted by such changes, and (y) in a manner that, to the extent possible, mitigates any material adverse effect(s) on Seller (as identified by Seller, acting reasonably) that could reasonably be expected to result from such amendment, provided that such amendment does not (unless Seller otherwise agrees) alter: (i) the purchase and sale obligations of the Parties pursuant to this Agreement or (ii) the Price or the Adjusted Price, as applicable. Buyer and Seller shall negotiate in good faith in an effort to agree on such amendment.

Appears in 1 contract

Samples: Power Purchase Agreement

Change in Law or Buyer’s Accounting Treatment, Subsequent Judicial or Regulatory Action. (a) If, during the Term of this Agreement, there is a change in Law or accounting standards or rules or a change in the interpretation or applicability thereof that would result in adverse balance sheet or creditworthiness impacts on Buyer associated with this Agreement or the amounts paid for Products purchased hereunder, Buyer shall prepare an amendment to this Agreement (x) to avoid or mitigate such impacts, while preserving the existing terms of this Agreement not impacted by such changes, and (y) in a manner that, to the extent possible, mitigates any material adverse effect(s) on Seller (as identified by Seller, acting reasonably) that could reasonably be expected to result from such amendment, provided that such amendment does not (unless Seller otherwise agrees) alter: (i) the purchase and sale obligations of the Parties pursuant to this Agreement or (ii) the Price or the Adjusted Price, as applicable. Buyer Xxxxx and Seller Xxxxxx shall negotiate in good faith in an effort to agree on such amendment.

Appears in 1 contract

Samples: Power Purchase Agreement

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Change in Law or Buyer’s Accounting Treatment, Subsequent Judicial or Regulatory Action. (a) If, during the Term of this Agreement, there is a change in Law or accounting standards or rules or a change in the interpretation or applicability thereof that would result in adverse balance sheet or creditworthiness impacts on Buyer associated with this Agreement or the amounts paid for Products purchased hereunder, Buyer shall prepare an amendment to this Agreement (x) to avoid or mitigate such impacts, while preserving the existing terms of this Agreement not impacted by such changes, and (y) in a manner that, to the extent possible, mitigates any material adverse effect(s) on Seller (as identified by Seller, acting reasonably) that could reasonably be expected to result from such amendment, provided that such amendment does not (unless Seller otherwise agrees) alter: (i) the purchase and sale obligations of the Parties pursuant to this Agreement or (ii) the Price. Buyer Xxxxx and Seller shall negotiate in good faith in an effort to agree on such amendment.

Appears in 1 contract

Samples: Power Purchase Agreement

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