Determination of Applicable OREC Price. The Applicable OREC Price shall be the [Index/Fixed] OREC Price, as selected by NYSERDA pursuant to ORECRFP22-1 and as set forth in Section [4.02/4.03] of this Agreement.
Determination of Applicable OREC Price. [Upon finalization of award to Seller, NYSERDA will notify Seller whether NYSERDA has selected Seller’s Fixed OREC offer or Seller’s Index OREC offer for award. In the event that Seller’s Fixed OREC offer is selected, this Section 4.01 will identify the Fixed OREC Price as the Applicable OREC Price for the entire Contract Delivery Term. In the event that Seller’s Index OREC offer is selected, this Section 4.01 will provide as follows:]
Determination of Applicable OREC Price. [Upon finalization of award to Seller, NYSERDA will notify Seller whether NYSERDA has selected Seller’s Fixed OREC offer or Seller’s Index OREC offer for award. In the event that Seller’s Fixed OREC offer is selected, this Section 4.01 will identify the Fixed OREC Price as the Applicable OREC Price for the entire Contract Delivery Term. In the event that Seller’s Index OREC offer is selected, this Section 4.01 will provide as follows:] The Applicable OREC Price shall be the Index OREC Price, as determined by NYSERDA pursuant to Section 4.03 of this Agreement, for the entire Contract Delivery Term, unless and until the Index OREC Price described in this Agreement is invalidated by a final, unstayed judgment of a court of competent jurisdiction.
