Commencing With the First Subsequent OEPR and Thereafter. For any Contract Year during which a Subsequent OEPR is issued through the end of the Contract Year preceding the Contract Year during which the next Subsequent OEPR is issued, the BOP Benchmark shall be derived from the first of the two Subsequent OEPRs referenced in this sentence on the basis of the estimated electrical losses for the BOP used in such Subsequent OEPR in arriving at such Subsequent OEPR's NEP Estimate. Within 30 Days of Company's receipt of such Subsequent OEPR, Company shall either (i) provide written notice to Seller of the BOP Benchmark derived from such Subsequent OEPR or (ii) if Company is unable to reasonably derive a BOP Benchmark from such Subsequent OEPR, deliver a written request to the OEPR Evaluator (with a copy to Seller) that such OEPR Evaluator issue, within 30 Days, a written clarification of such Subsequent OEPR specifying the BOP Benchmark. If such request for clarification is made to the OEPR Evaluator, within 10 Business Days following the expiration of the 30-Day period provided for the receipt of such OEPR Evaluator reply, Company shall provide written notice to Seller of either (i) the BOP Benchmark derived from such written clarification by the OEPR Evaluator or (ii) the designation of 97% as the BOP Benchmark due to either the failure of the OEPR Evaluator to issue a written clarification or, if a written clarification was issued, the inability of Company to reasonably derive a BOP Benchmark on the basis of such written clarification.
Commencing With the First Subsequent OEPR and Thereafter. Commencing with the establishment of the NEP OEPR Estimate for the first Subsequent OEPR as provided in Section 3 (Subsequent OEPRs) and Sections 4(g) (Review of the First OEPR Evaluator Report) and (h) (Review of the Second OEPR Evaluator Report) of Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement, for each period commencing with the first Day of the calendar month following the establishment of the NEP OEPR Estimate for a Subsequent OEPR (including but not limited to the first Subsequent OEPR) through the end of the calendar month during which the NEP OEPR Estimate is established for the next Subsequent OEPR, the GPR Performance Metric shall be the GPR established for the applicable Subsequent OEPR. If no GPR has been established through the then applicable Subsequent OEPR process, the GPR Performance Metric shall be 0.85.
