Decommissioning Rule Sample Clauses

Decommissioning Rule. (i) In the event that a Decommissioning Rule has not been adopted by PUCT as of the Closing Date, each Purchaser's Initial Purchase Price shall be decreased by such Purchaser's Proportionate Share of the Decommissioning Adjustment Reserve. The affected Parties and the Escrow Agent shall execute and deliver the Decommissioning Adjustment Escrow Agreement at the Closing and such Decommissioning Adjustment Reserve shall be deposited into the Decommissioning Escrow. (ii) If, prior to the Closing Date, a Purchaser acquires Knowledge that a Decommissioning Rule has been adopted by PUCT, such Purchaser may, within twenty (20) Business Days after acquiring such Knowledge, provide notice to Seller to the effect that the Decommissioning Rule is, with respect to substance, and in a manner that is, or could reasonably be expected to be, materially adverse to such Purchaser, not substantially consistent with ("Equivalent") the Proposed Rule, and giving such Purchaser's estimate of the Decommissioning Adjustment Amount. Promptly after delivery of such notice, and in no event later than twenty (20) Business Days thereafter, Seller shall deliver notice to such Purchaser indicating whether Seller believes that the Decommissioning Rule is Equivalent to the Proposed Rule, and to the extent Seller believes that the Decommissioning Rule is not Equivalent to the Proposed Rule, Seller's estimate of the Decommissioning Adjustment Amount. To the extent that the affected Parties agree, or it shall have been determined in accordance with the provisions of Section 13.8 as set forth below, that the Decommissioning Rule is Equivalent to the Proposed Rule, there shall be no adjustment to the Initial Purchase Price. To the extent that the affected Parties cannot agree as to whether the Decommissioning Rule is Equivalent to the Proposed Rule or upon the amount, if any, of the Decommissioning Adjustment Amount within ten (10) Business Days after delivery of Seller's notice, the affected Parties shall resolve such dispute in accordance with the provisions of Section 13.8; provided that if any such dispute is required to be determined in accordance with Section 13.8 and, as of the Closing Date, has not been finally determined in accordance with Section 13.8, the amount (if any) of the Decommissioning Adjustment Amount shall be treated as a post-Closing adjustment to the Initial Purchase Price upon final determination.
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