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 fifteen (15) 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.

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 ’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within fifteen two (152) 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 the current amount of the Performance Assurance Security to the Non-Defaulting Party in an amount equal to the Termination Payment.

Appears in 1 contract

Samples: Resource Adequacy 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 fifteen two (152) Business Days of receipt of Non-Defaulting Party's ’s explanation of the 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 pay any undisputed amount and transfer Performance Assurance Assurance, if any, to the Non-Defaulting Party in an amount equal to the disputed amount of the Termination Payment.

Appears in 1 contract

Samples: Master 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 fifteen (15) 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.

Appears in 1 contract

Samples: MMC Energy, Inc.

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 fifteen two (152) 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-Non- Defaulting Party in an amount equal to the Termination Payment.

Appears in 1 contract

Samples: 2019 Power and Gas Master Agreement

Disputes With Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party's ’s calculation of the Termination Payment or Default Payment, as applicable, in whole or in part, the Defaulting Party shall, within fifteen five (155) 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-Non- Defaulting Party in an amount equal to the Termination PaymentPayment (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 fifteen two (152) 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.

Appears in 1 contract

Samples: Master Power Purchase and Sales Agreement (Texas Genco Holdings Inc)

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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 fifteen two (152) 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.

Appears in 1 contract

Samples: Master Power Purchase and Sale Agreement (Pg&e Corp)

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 fifteen five (155) 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 defaulting Party in an amount equal to the Termination Payment.” (See: D.00-00-000, Appendix A.)

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 ’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within fifteen five (155) 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."

Appears in 1 contract

Samples: Master Power Purchase and Sale Agreement

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