Consequences of Discriminatory Action. If a Discriminatory Action occurs, the Supplier shall have the right to obtain, without duplication, compensation (the “Discriminatory Action Compensation”) from the Buyer for the amount of the increase in the costs that the Supplier would reasonably be expected to incur to satisfy the Must-Offer Obligation as a result of the occurrence of such Discriminatory Action, commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the Supplier that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the Supplier.
Appears in 1 contract
Samples: E Lt 1 Contract
Consequences of Discriminatory Action. If a Discriminatory Action occurs, the Supplier shall have the right to obtain, without duplication, compensation (the “Discriminatory Action Compensation”) from the Buyer Sponsor for the amount of the increase in the costs that the Supplier would reasonably be expected to incur to satisfy the Must-Offer Obligation Obligations as a result of the occurrence of such Discriminatory Action, commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the Supplier that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the Supplier.
Appears in 1 contract
Samples: Energy Storage Facility Agreement
Consequences of Discriminatory Action. Draft If a Discriminatory Action occurs, the Supplier shall have the right to obtain, without duplication, compensation (the “Discriminatory Action Compensation”) from the Buyer for the amount of the increase in the costs that the Supplier would reasonably be expected to incur to satisfy the Must-Offer Obligation as a result of the occurrence of such Discriminatory Action, commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the Supplier that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the Supplier.Supplier.
Appears in 1 contract
Samples: E Lt 1 Contract
Consequences of Discriminatory Action. If a Discriminatory Action occurs, the Supplier shall have the right to obtain, without duplication, compensation (the “Discriminatory Action Compensation”) from the Buyer Sponsor for the amount of the increase in the costs that the Supplier would reasonably be expected to incur to satisfy the Must-Offer Obligation Physical Operating Requirements as a result of the occurrence of such Discriminatory Action, commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the Supplier that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the Supplier.
Appears in 1 contract
Samples: Energy Storage Facility Agreement
Consequences of Discriminatory Action. Draft If a Discriminatory Action occurs, the Supplier shall have the right to obtain, without duplication, compensation (the “Discriminatory Action Compensation”) from the Buyer for the amount of the increase in the costs that the Supplier would reasonably be expected to incur to satisfy the Must-Offer Obligation as a result of the occurrence of such Discriminatory Action, commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the Supplier that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the Supplier.
Appears in 1 contract
Samples: E Lt 1 Contract