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 shall first transfer Performance Assurance to the Non-Defaulting Party in an amount equal to the Termination Payment (as calculated by the Non-Defaulting Party).

Appears in 3 contracts

Samples: Master Power Purchase and Sale Agreement, Master Power Purchase and Sale Agreement, Master Power Purchase and Sale 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 two (52) 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 transfer Performance Assurance to the Non-Defaulting Party in an amount equal to the Termination Payment (as calculated by the Non-Defaulting Party)Payment.

Appears in 3 contracts

Samples: Electricity Supply Contract, Power Supply and Service Agreement (TNP Enterprises Inc), Master Power Purchase and Sale Agreement (NRG Energy, Inc.)

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 the Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Non- Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that if . Disputes regarding the Termination Payment is due from the Defaulting Party, the shall be determined in accordance with ARTICLE 17. The Defaulting Party shall first transfer pay all undisputed portions of the Termination Payment and provide Performance Assurance to the Non-Defaulting Party in an amount equal to the Termination Payment (as calculated by disputed portion until final resolution of the Non-Defaulting Party)dispute.

Appears in 1 contract

Samples: Solar 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 of the basis for such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first transfer Performance Assurance to the Non-Defaulting defaulting Party in an amount equal to the Termination Payment Payment.” (as calculated by the NonSee: D.00-Defaulting Party00-000, Appendix A.).

Appears in 1 contract

Samples: Power Purchase Agreement

Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s 's calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five fifteen (515) Business Days of receipt of Non-Defaulting Party’s '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 transfer Performance Assurance to the Non-Defaulting Party in an amount equal to the Termination Payment (as calculated by the Non-Defaulting Party)Payment.

Appears in 1 contract

Samples: Power Purchase 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 or Default Payment, as applicable, 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 transfer Performance Assurance to the Non-Non- Defaulting Party in an amount equal to the Termination Payment (as calculated by the Non-Defaulting Party).

Appears in 1 contract

Samples: Power Purchase and Sale 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 after 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 and extent of such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first transfer Performance Assurance to the Non-Defaulting Party in an amount equal to the Termination Payment (as calculated by the Non-Defaulting Party)Payment.

Appears in 1 contract

Samples: 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 of the basis for such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first transfer Performance Assurance to the Non-Defaulting Party in an amount equal to the Termination Payment (as calculated by the Non-Defaulting Party)Payment."

Appears in 1 contract

Samples: Master Power Purchase and Sale Agreement

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