Common use of Enforcement of Rights Under Contracts Clause in Contracts

Enforcement of Rights Under Contracts. Owner covenants that, Owner will notify Operator in writing in advance if Owner intends to threaten suit or bring suit against third parties or otherwise make any claim under any contract or arrangement relating to any of the Generation Facilities or Operating Services being provided by Operator. If Owner desires for Operator to threaten or bring suit or otherwise to make any claim, or desires that such action contemplated by Operator shall not be taken, Owner shall, by written notice to Operator, request it so to act or refrain from acting. Upon Operator's receipt of a notice under one of the previous two sentences, Owner and Operator shall arrange for consultation within ten (10) working days thereafter on the questions raised, or such lesser period of time as Operator or Owner shall specify in the light of circumstances requiring a more expeditious determination. Neither Operator nor Owner shall make its final determination whether it will or will not bring any such suit or make any such claim until after such consultation; however, the determination by Operator regarding the action that it will or will not take, shall be final and binding (irrespective of what Owner decides to do), and the decision of Owner regarding the action that it will or will not take will also be final and binding (irrespective of what Operator decides to do).