Change in Rate Treatment. The Borrower hereby waives all rights to initiate any proceeding to challenge the regulatory treatment accorded Xxxxxx’s recovery of net revenue requirements associated with the Program as approved by the BPU in the 2013 Order. In addition, if any legislative, judicial or governmental entity of competent jurisdiction impairs or disallows the full and timely recovery through the Solar Loan III component of Lender’s electric RGGI Recovery Charge or a like successor clause or rate mechanism including recovery of net revenue requirements associated with the Program as provided for in the 2013 Order, then, at the option of Lender and upon written notice to Borrower, the outstanding balance of the Loan and any other amounts due Lender under this Agreement shall be determined and such outstanding amount shall become due and payable in cash by Borrower within thirty (30) days of the date of Xxxxxx’s written notice to Borrower.
