Common use of Disputes With Respect to Termination Payment Clause in Contracts

Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party first shall pay the undisputed portion of the Termination Payment to the Non-Defaulting Party pursuant to Section 17.6 above, and then deposit into an interest bearing escrow account for the benefit of the prevailing Party an amount equal to the disputed portion of such Termination Payment.

Appears in 18 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, Payment in whole or in part, the Defaulting Party shall, within five ten (510) Business Days of receipt of Non-Defaulting Party’s calculation of the Termination Payment, Payment provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party first shall pay the undisputed portion non-disputed amount of the Termination Payment as provided in Section 5.4 and transfer, within two (2) Business Days, Performance Assurance to the Non-Defaulting Party pursuant to Section 17.6 above, and then deposit into an interest bearing escrow account for the benefit of the prevailing Party in an amount equal to the disputed portion amount of such the Termination Payment.

Appears in 10 contracts

Samples: Wholesale Renewable Power and Storage Capacity Purchase Agreement, Wholesale Renewable Power and Storage Capacity Purchase Agreement, Wholesale Renewable Power Purchase Agreement

Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation notice that it intends to dispute the calculation of the basis for such dispute; provided, however, that if the Termination Payment is due from (“Termination Payment Dispute Notice”), pursuant to the Defaulting Partyprovisions of Article 13 (Dispute Resolution), and provided, the Defaulting Party shall first shall pay the undisputed portion of the Termination Payment transfer collateral to the Non-Defaulting Party pursuant to Section 17.6 above, and then deposit into an interest bearing escrow account for the benefit of the prevailing Party in an amount equal to the disputed portion of such Termination Payment, such collateral to be in a form acceptable to the Non-Defaulting Party by the Termination Payment Date.

Appears in 10 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of Non-Non- Defaulting Party’s calculation of the Termination Payment, provide to the Non-Non- Defaulting Party a detailed written explanation notice that it intends to dispute the calculation of the basis for such dispute; Termination Payment (“Termination Payment Dispute Notice”), pursuant to the provisions of Article 13 (Dispute Resolution), and provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first shall pay the undisputed portion of the Termination Payment transfer collateral to the Non-Defaulting Party pursuant to Section 17.6 above, and then deposit into an interest bearing escrow account for the benefit of the prevailing Party in an amount equal to the disputed portion of such Termination Payment, such collateral to be in a form acceptable to the Non-Defaulting Party by the Termination Payment Date.

Appears in 6 contracts

Samples: Requirements Service Agreement, Requirements Service Agreement, Requirements Service Agreement

Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation notice that it intends to dispute the calculation of the basis for such dispute; Termination Payment (“Termination Payment Dispute Notice”), pursuant to the provisions of Article 13 (Dispute Resolution), and provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first shall pay the undisputed portion of the Termination Payment transfer collateral to the Non-Defaulting Party pursuant to Section 17.6 above, and then deposit into an interest bearing escrow account for the benefit of the prevailing Party in an amount equal to the disputed portion of such Termination Payment, such collateral to be in a form acceptable to the Non- Defaulting Party by the Termination Payment Date.

Appears in 5 contracts

Samples: Requirements Service Agreement, Requirements Service Agreement, Full Requirements Service Agreement

Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation notice that it intends to dispute the calculation of the basis for such dispute; Termination Payment (“Termination Payment Dispute Notice”), pursuant to the provisions of Article 12 (Dispute Resolution), and provided, however, that that, if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first shall pay the undisputed portion of the Termination Payment transfer collateral to the Non-Defaulting Party pursuant to Section 17.6 above, and then deposit into an interest bearing escrow account for the benefit of the prevailing Party in an amount equal to the disputed portion of such Termination Payment, such collateral to be in a form acceptable to the Non- Defaulting Party with the Termination Payment Dispute Notice.

Appears in 2 contracts

Samples: Default Supply Master Agreement, Default Supply Master Agreement

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Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first shall pay transfer additional amounts for the undisputed portion of the Termination Payment Seller Security to the Non-Defaulting Party pursuant to Section 17.6 above, and then deposit into an interest bearing escrow account for the benefit of the prevailing Party in an amount equal to the disputed portion of such amount calculated by the Non-Defaulting Party to be the Termination Payment.

Appears in 2 contracts

Samples: Power Purchase Agreement, Energy Services Agreement

Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of Non-Non- Defaulting Party’s calculation of the Termination Payment, provide to the Non-Non- Defaulting Party a detailed written explanation notice that it intends to dispute the calculation of the basis for such dispute; Termination Payment (“Termination Payment Dispute Notice”), pursuant to the provisions of Article 13 (Dispute Resolution), and provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first shall pay the undisputed portion of the Termination Payment transfer collateral to the Non-Defaulting Party pursuant to Section 17.6 above, and then deposit into an interest bearing escrow account for the benefit of the prevailing Party in an amount equal to the disputed portion of such Termination Payment.Termination

Appears in 1 contract

Samples: Requirements Service Agreement

Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party first shall pay the undisputed portion of the Termination Payment to the Non-Defaulting Party pursuant to Section 17.6 18.6 above, and then deposit into an interest bearing escrow account for the benefit of the prevailing Party an amount equal to the disputed portion of such Termination Payment.

Appears in 1 contract

Samples: Service Agreement

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