FERC Modification. If, prior to the XXXX Commencement Date, FERC requires modification to this Agreement or imposes other conditions on the acceptance or approval of it, each Party will have ten (10) business days to notify the other Party that such modification or condition is unacceptable to that Party. If neither Party provides such notice, then this Agreement, as modified or conditioned by FERC, will continue to be in effect. If either Party provides such notice to the other Party, the Parties will do any one or more of the following: (a) meet to determine that the modification or conditions imposed by FERC are acceptable; (b) cooperatively seek further available remedies with respect to such FERC order; or, (c) negotiate the accommodation of such FERC order. If the Parties have not agreed on an accommodation on or before the date on which such FERC order becomes a final and non-appealable order, such order is deemed adverse to the Parties and the Parties will have no further rights or obligations under this Agreement, except XXXX Participant must pay SPP its NEL Share of Implementation Costs as defined in Exhibit A, which obligation expressly survives such an adverse order.
Appears in 1 contract
Samples: Western Joint Dispatch Agreement
FERC Modification. If, prior to the XXXX Commencement Date, If FERC requires modification to this Agreement or imposes other conditions on the acceptance or approval of it, each Party will have ten (10) business days to notify the other Party that such modification or condition is unacceptable to that Party. If neither Party provides such notice, then this Agreement, as modified or conditioned by FERC, will continue to be in effect. If either Party provides such notice to the other Party, the Parties will do any one or more of the following: (a) meet to determine that the modification or conditions imposed by FERC are acceptable; (b) cooperatively seek further available remedies with respect to such FERC order; or, or (c) negotiate the accommodation of such FERC order. If the Parties have not agreed on an accommodation on or before the date on which such FERC order becomes a final and non-appealable order, such order is deemed adverse to the Parties and the Parties will have no further rights or obligations under this Agreement; subject however, except to Section 10.1 for a Founding XXXX Participant must pay SPP its NEL Share of Implementation Costs as defined in Exhibit A, which obligation expressly survives such an adverse orderParticipant.
Appears in 1 contract
Samples: Western Joint Dispatch Agreement
FERC Modification. If, prior to the XXXX Commencement Date, If FERC requires modification to this Agreement or imposes other conditions on the acceptance or approval of it, each Party will have ten (10) business days to notify the other Party that such modification or condition is unacceptable to that Party. If neither Party provides such notice, then this Agreement, as modified or conditioned by FERC, will continue to be in effect. If either Party provides such notice to the other Party, the Parties will do any one or more of the following: (a) meet to determine that the modification or conditions imposed by FERC are acceptable; (b) cooperatively seek further available remedies with respect to such FERC order; or, or (c) negotiate the accommodation of such FERC order. If the Parties have not agreed on an accommodation on or before the date on which such FERC order becomes a final and non-appealable order, such order is deemed adverse to the Parties and the Parties will have no further rights or obligations under this Agreement; subject however, except to Section
10.1 for a Founding XXXX Participant must pay SPP its NEL Share of Implementation Costs as defined in Exhibit A, which obligation expressly survives such an adverse orderParticipant.
Appears in 1 contract
Samples: Western Joint Dispatch Agreement
FERC Modification. If, prior to the XXXX WEIS Commencement Date, FERC requires modification to this Agreement or imposes other conditions on the acceptance or approval of it, each Party will have ten (10) business days to notify the other Party that such modification or condition is unacceptable to that Party. If neither Party provides such notice, then this Agreement, as modified or conditioned by FERC, will continue to be in effect. If either Party provides such notice to the other Party, the Parties will do any one or more of the following: (a) meet to determine that the modification or conditions imposed by FERC are acceptable; (b) cooperatively seek further available remedies with respect to such FERC order; or, (c) negotiate the accommodation of such FERC order. If the Parties have not agreed on an accommodation on or before the date on which such FERC order becomes a final and non-appealable order, such order is deemed adverse to the Parties and the Parties will have no further rights or obligations under this Agreement, except XXXX WEIS Participant must pay SPP its NEL Share of Implementation Costs as defined in Exhibit A, which obligation expressly survives such an adverse order.
Appears in 1 contract
Samples: Western Joint Dispatch Agreement