CPUC Approval. No later than [_______________], Buyer shall have obtained CPUC Approval. Prior to this deadline, should the CPUC issue an order approving this Agreement but with conditions or modifications that materially alter the commercial aspects of this Agreement, the Parties agree to use good faith efforts to renegotiate this Agreement and file the amended agreement with the CPUC seeking CPUC Approval therefor. If, no later than the earlier of (i) sixty (60) days after such order or (ii) the deadline date above, no agreement is reached, either Party may terminate this Agreement upon delivery of Notice to the other Party.
CPUC Approval. Within ninety (90) days after the Effective Date, SCE shall file with the CPUC the appropriate request for CPUC Approval. SCE shall expeditiously seek CPUC Approval, including promptly responding to any requests for information related to the request for CPUC Approval. As requested by SCE, Seller shall use commercially reasonable efforts to support SCE in obtaining CPUC Approval. SCE has no obligation to seek rehearing or to appeal a CPUC decision which fails to approve this Agreement or which contains findings required for CPUC Approval with conditions or modifications unacceptable to SCE. Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if (i) CPUC Approval has not been obtained or waived by SCE in its sole discretion within one-hundred and eighty (180) days after SCE files its request for CPUC Approval and (ii) a Notice of termination is given on or before the date CPUC Approval is obtained. Failure to obtain CPUC Approval in accordance with this Section 2.07 will not be deemed to be a failure of Seller to install the Project or a failure of SCE to purchase or receive the Product, and will not be or cause an Event of Default by either Party.
CPUC Approval. The Amendment has received CPUC Approval. "CPUC Approval" means a final and non-appealable order of the CPUC, without conditions or modifications unacceptable to the Parties, or either of them, which contains the following terms:
CPUC Approval. Notwithstanding anything herein to the contrary, (a) no amendment which affects the specific rights, duties, responsibilities, or liabilities of the Trustee shall be made without its consent and (b) no amendment of this Agreement shall be effective prior to the Trustee receiving notice thereof.
CPUC Approval. 15.2.1 The Parties acknowledge that CPUC Approval is a condition precedent to the occurrence of the Satisfaction Date. "CPUC Approval" means that the CPUC has issued a final decision, no longer subject to appeal, that approves the Definitive Agreements and satisfies the other requirements set forth in Section 15.2.2. However, Edison in its sole discretion may unilaterally waive CPUC Approval as to all or any individual aspects of the Definitive Agreements requiring such approval at any time by giving notice of such waiver in writing to the affected PPA Sellers and the other Parties hereto.
CPUC Approval. If CPUC Approval has not occurred on or before three hundred sixty five (365) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”), then either Party may terminate this Agreement effective upon Notice to the other Party, unless such approval has been waived in writing by both Parties. Within ten (10) Business Days of such termination, Buyer shall return the Project Development Security. Following the return of the Project Development Security, neither Party shall have any obligation or liability to the other by reason of such termination.
CPUC Approval. The Purchaser will use Commercially Reasonable Efforts to obtain the CPUC Approval, including filing an application (“CPUC Approval Application”) with the CPUC seeking an order that with the passage of time after issuance would constitute CPUC Approval.
CPUC Approval. 7.1 As soon as practicable after both PG&E and SPI have signed this agreement, PG&E will submit the Agreement to the CPUC for approval (CPUC Approval) using the procedural process PG&E, in its sole discretion, deems best.
7.2 For purposes of this Section 0, "XXXX Xxxxxxxx" means a CPUC order or resolution that: (a) approves the Agreement as reasonable, without changes or conditions unacceptable to PG&E in its sole discretion; (b) grants PG&E full rate recovery for all energy and capacity payments PG&E makes pursuant to the Agreement; and (c) is not subject to any further reasonableness review except for on-going CPUC review of the reasonableness ofPG&E's administration of the Agreement.
7.3 CPUC Approval shall be deemed given on the third business day after the day on which a CPU C order or resolution that satisfies the conditions of Section 7.2 becomes final and no longer subject to judicial review.
CPUC Approval. Approval by the CPUC for FWC’s purchase of Conserved Water on terms that are consistent with this Agreement.
CPUC Approval. Because the Purchaser is a public utility, whose operations are regulated by the CPUC, this Agreement and the rates to be charged by Purchaser subsequent to the Closing are subject to review and approval by the CPUC, as determined by the CPUC. If the CPUC fails to approve the transaction subject of this Agreement within one year from the Effective Date, or proposes material changes to any terms or conditions herein that are objectionable or unreasonable to Purchaser, then Purchaser may terminate this Agreement. Upon Purchaser’s election to terminate this Agreement under this Section, this Agreement shall be deemed cancelled, after which neither party shall have any further obligations to the other under this Agreement, except those that are specifically stated to survive the termination of this Agreement.
