Common use of Disputes of Lost Output Clause in Contracts

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculation, SCE shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCE’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; provided, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculation, SCE it shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCE’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after of SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will shall have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; providedprovided that, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller it neither knew nor could it have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after of learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculation, SCE shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCE’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; provided, provided Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE Anaheim disputes Seller’s Lost Output calculation, SCE Anaheim shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCEAnaheim’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCEAnaheim’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article ARTICLE Twelve. Seller will have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; provided, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE Anaheim be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculation, SCE shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCE’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; provided, however, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculationReport or any Seller Common Wind Turbine Defect Report related to such claim of Lost Output, SCE it shall provide Notice to Seller within thirty (30) days after SCE’s receipt of Seller’s Lost Output Report such report and shall include SCE’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and or arbitration as provided in Article TwelveEleven. Seller will shall have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; providedprovided that, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller it neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. (i) If SCE Anaheim disputes Seller’s Lost Output calculation, SCE Anaheim shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCEAnaheim’s calculations and other data supporting its position. . (ii) The Parties shall negotiate in good faith to resolve any dispute. . (iii) If the Parties are unable to resolve a dispute within thirty (30) days after SCEAnaheim’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. . (iv) Seller will have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; provided, provided Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculation, SCE it shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCE’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will shall have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; providedprovided that, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller it neither knew nor could it have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE disputes Seller’s 's Lost Output calculation, SCE shall provide Notice to Seller within thirty (30) days after receipt of Seller’s 's Lost Output Report and include SCE’s 's calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s 's giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; provided, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE Anaheim disputes Seller’s Lost Output calculation, SCE Anaheim shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCEAnaheim’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCEAnaheim’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. ARTICLE Fourteen.. Seller will have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; provided, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE Anaheim be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculation, SCE it shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCE’s calculations and other data supporting its position. SCE shall make a good faith effort to include in its Notice any and all disputes that it has with Seller’s Lost Output Report. SCE shall not be deemed to have waived any dispute not included in its Notice if such a dispute is based upon information not within SCE’s possession as of the date of such Notice and SCE promptly informs Seller of such dispute upon obtaining the relevant information. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will shall have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that a given month; providedprovided that, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the a month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller it neither knew nor could it have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculation, SCE it shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCE’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will shall have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; providedprovided that, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller it neither knew nor could it have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output The contents of this document are subject to restrictions on disclosure as set forth herein. Article Three Seller’s Obligations Southern California Edison QFID# 1212 Chateau Energy Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculation, SCE shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCE’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will shall have no right to claim any Lost Output for any month calendar quarter that was not identified in the original Lost Output Report for that monthquarter; providedprovided that, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month quarter with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller it neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty ninety (3090) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further. RAP ID# 5208, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.Solar Partners I, LLC

Disputes of Lost Output. If SCE disputes Seller’s Lost Output calculation, SCE shall provide Notice to Seller within thirty (30) days after receipt of Seller’s Lost Output Report and include SCE’s calculations and other data supporting its position. The Parties shall negotiate in good faith to resolve any dispute. If the Parties are unable to resolve a dispute within thirty (30) days after SCE’s giving the dispute Notice, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve. Seller will shall have no right to claim any Lost Output for any month that was not identified in the original Lost Output Report for that month; providedprovided that, Seller may supplement the amount of Lost Output claimed (“Supplemental Lost Output”) for the month with a supplemental Lost Output Report (“Supplemental Lost Output Report”) if Seller can demonstrate that Seller it neither knew nor could have known through the exercise of reasonable diligence about the Supplemental Lost Output within the foregoing thirty (30) day period and Seller provides the Supplemental Lost Output Report within ten (10) Business Days after learning the facts which provide the basis for the Supplemental Lost Output claim; provided further, in no event will SCE be obligated to accept a Supplemental Lost Output Report after thirty (30) days following the end of the applicable Term Year.