Eligibility for Appointment as Independent AF Evaluator. Both Parties agree that the engineering firms listed in Section 4(h) of Attachment U (Calculation and Adjustment of Net Energy Potential) are fully qualified to serve as Independent AF Evaluator. Prior to the end of any Contract Year, either Party may remove a particular consultant from the OEPR Consultants List by giving written notice of such removal to the other Party, which removal (i) will have effect as of January 31st of the immediately following Contract Year but (ii) will not divest such Independent AF Evaluator of its authority to decide any disagreements submitted to such Independent AF Evaluator on or before such January 31st. However, neither Party may remove a name or names from the OEPR Consultants List without approval of the other Party if such removal would leave the list without any names. Proposed additions to the OEPR Consultants List shall automatically become effective thirty (30) Days after notice is received by the other Party unless written objection is made by such other Party within said thirty (30) Day period. By written agreement between the Parties, a new name or names may be added to the OEPR Consultants List at any time.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
