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 Part, and transfer credit support in the form of Replacement Security to the non-defaulting Party in an amount equal to the disputed portion of the Termination Payment or actually pay the disputed amount to the non-defaulting Party. Without limiting the foregoing, any disputes between the Parties with respect to the calculation of the Termination Payment shall be conducted in accordance with Article 13 of the Agreement.
Appears in 3 contracts
Samples: Capacity and Associated Energy Purchase and Sale Agreement, Purchase and Sale Agreement, Capacity and Associated Energy 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 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 Part, Party and transfer credit support in the form of Replacement Security to the non-defaulting Party in an amount equal to the disputed portion of the Termination Payment or actually pay the disputed amount to the non-defaulting Party. Without limiting the foregoing, any disputes between the Parties with respect to the calculation of the Termination Payment shall be conducted in accordance with Article 13 of the Agreement.
Appears in 2 contracts
Samples: Capacity and Associated Energy Purchase and Sale Agreement, Capacity and Associated Energy 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 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 Part, and transfer credit support in the form of Replacement Security to the non-defaulting Party in an amount equal to the disputed portion of the Termination Payment or actually pay the disputed amount to the non-defaulting Party. Without limiting the foregoing, any disputes between the Parties with respect to the calculation of the Termination Payment shall be conducted in accordance with Article 13 12 of the Agreement.
Appears in 1 contract
Samples: Demand Resource Capacity Purchase and Sale Agreement
