CPUC Approval Delayed. CPUC Approval must be obtained on or before one hundred eighty (180) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“Approval Condition Precedent”). If (a) CPUC Approval has not been obtained by this date, or (b) if the CPUC rejects this Agreement through a final and non-appealable order, then either Party may terminate this Agreement effective upon Notice to the other Party, unless the need for such CPUC Approval has been waived in writing by both Parties. Within ten (10) Business Days of such termination, Buyer shall return the Project Development Security to Seller. Following the return of the Project Development Security to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.
Appears in 11 contracts
Samples: Long Term Resource Adequacy Agreement, Long Term Resource Adequacy Agreement, Long Term Resource Adequacy Agreement
CPUC Approval Delayed. CPUC Approval must be obtained on or before one three hundred eighty sixty five (180365) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”). If (a) CPUC Approval has not been obtained by this date, or (b) if the CPUC rejects this Agreement through a final and non-appealable order, then either Party may terminate this Agreement effective upon Notice to the other Party, unless the need for such CPUC Approval has been waived in writing by both Parties. Within ten (10) Business Days of such termination, Buyer shall return the Project Development Security to SellerSecurity. Following the return of the Project Development Security to SellerSecurity, neither Party shall have any obligation or liability to the other by reason of such termination.
Appears in 6 contracts
Samples: Capacity Storage Agreement, Capacity Storage Agreement, Capacity Storage Agreement
CPUC Approval Delayed. CPUC Approval must be obtained on or before one hundred eighty ninety (18090) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”). If (a) CPUC Approval has not been obtained by this date, or (b) if the CPUC rejects this Agreement through a final and non-appealable order, then either Party may terminate this Agreement effective upon Notice to the other Party, unless the need for such CPUC Approval has been waived in writing by both Parties. Within ten (10) Business Days of such termination, Buyer shall return the Project Development Security to Seller. Following the return of the Project Development Security to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.
Appears in 2 contracts
Samples: Capacity Storage Agreement, Energy Storage Resource Adequacy Agreement