Commencing With Third Contract Year. For the third Contract Year through the end of the Contract Year preceding the Contract Year during which the first Subsequent OEPR is issued, the BOP Benchmark shall be derived from the Initial OEPR on the basis of the estimated electrical losses for the BOP used in the Initial OEPR in arriving at the Initial OEPR's NEP OEPR Estimate. Within 30 Days of Company's receipt of the Initial OEPR, Company shall either (i) provide written notice to Seller of the BOP Benchmark derived from the Initial OEPR or (ii) if Company is unable to reasonably derive a BOP Benchmark from the Initial 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 the Initial 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 receipt of such OEPR Evaluator's 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.
Appears in 9 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
