Common use of Effect of Regulation Clause in Contracts

Effect of Regulation. In the event OPC is or becomes regulated by a federal, state or local regulatory body, and (i) such body shall disallow all or any portion of any costs incurred or yet to be incurred by OPC under any provision of this Agreement, such action shall not operate to excuse OPC from performance of any obligation nor shall such action give rise to any right of OPC to any refund or retroactive adjustment of any amounts payable hereunder; or (ii) [**] then the sole and exclusive remedy for such default in performance shall be as set forth in Section 4.4(b).

Appears in 2 contracts

Samples: Power Purchase and Sale Agreement (Lg&e Energy Corp), Power Purchase and Sale Agreement (Lg&e Energy Corp)

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Effect of Regulation. In the event OPC is or becomes regulated by a federal, state or local regulatory body, and (i) such body shall disallow all or any portion of any costs incurred or yet to be incurred by OPC under any provision of this Agreement, such action shall not operate to excuse OPC from performance of any obligation nor shall such action give rise to any right of OPC to any refund or retroactive adjustment of any amounts payable hereunder; or (ii) [**] _____]* then the sole and exclusive remedy for such default in performance shall be as set forth in Section 4.4(b).

Appears in 1 contract

Samples: Power Purchase and Sale Agreement (Oglethorpe Power Corp)

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Effect of Regulation. In the event OPC is or becomes regulated by a federal, state or local regulatory body, and (i) such body shall disallow all or any portion of any costs incurred or yet to be incurred by OPC under any provision of this Agreement, such action shall not operate to excuse OPC from performance of any obligation nor shall such action give rise to any right of OPC to any refund or retroactive adjustment of any amounts payable hereunder; or (ii) [**] then the sole and exclusive remedy for such default in performance shall be as set forth in Section 4.4(b).

Appears in 1 contract

Samples: Master Power Purchase and Sale Agreement (Oglethorpe Power Corp)

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