Common use of Conditions to Payment Obligations Clause in Contracts

Conditions to Payment Obligations. (a) The Parties’ obligations with respect to payment of the Monthly Fixed Amount (including the obligation to net Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by Ginna under this Agreement) shall be subject to the Parties obtaining the following: (i) the issuance by FERC of an order accepting this Agreement under Section 205 of the Federal Xxxxx Xxx, 00 X.X.X. §000x and the regulations promulgated thereunder, without modifying or imposing any term or condition in a manner that is adverse in any material respect to a Party as determined in the affected Party’s reasonable discretion (“FERC Authorization”); and (ii) the issuance by the NYPSC of an order (A) accepting this Agreement and

Conditions to Payment Obligations. (a) The Parties’ obligations with respect to payment of the Monthly Fixed Amount (including the obligation to net Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by Ginna Xxxxx under this Agreement) shall be subject to the Parties obtaining the following: (i) the issuance by FERC of an order accepting this Agreement under Section 205 of the Federal Xxxxx Xxx, 00 X.X.X. §000x and the regulations promulgated thereunder, without modifying or imposing any term or condition in a manner that is adverse in any material respect to a Party as determined in the affected Party’s reasonable discretion (“FERC Authorization”); and (ii) the issuance by the NYPSC of an order (A) accepting this Agreement and

Conditions to Payment Obligations. (a) The Parties’ obligations with respect to payment of the Monthly Fixed Amount (including the obligation to net Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by Ginna Xxxxx under this Agreement) shall be subject to the Parties obtaining the following: (i) the issuance by FERC of an order accepting this Agreement under Section 205 of the Federal Xxxxx Powex Xxx, 00 X.X.X. §000x and xxx the regulations promulgated thereunder, without modifying or imposing any term or condition in a manner that is adverse in any material respect to a Party as determined in the affected Party’s reasonable discretion (“FERC Authorization”); and (ii) the issuance by the NYPSC of an order (A) accepting this Agreement and