Good Faith Effort to Finalize Operation Plan. SNWA and Utah shall in good faith pursue the creation the Operation Plan as set forth in section 5.1 of this Agreement within one year of the beginning of the Baseline Period. If the TWG is unable to recommend a consensus Operation Plan within this timeframe, then the TWG shall submit to the Management Committee any alternative versions of the Operation Plan developed by members of the TWG. If the Management Committee cannot agree by consensus to one alternative or a combination of alternatives recommended by the TWG within 90 days, then the Parties agree that each of the alternatives submitted to the Management Committee by the TWG shall be submitted to a mutually-agreeable third party, who shall have up to one year for final selection among the submitted alternatives or a combination thereof. The alternatives selected by the third party shall be binding on the Parties. Final payment to the third party shall be conditional upon completion within the allotted year. The provisions of this section 5.3 shall apply only to the first version of the Operation Plan and shall not apply to any subsequent revision, modification or amendment of the Operation Plan. If for any reason mutually agreed upon third party does not produce a final version of the Operation Plan within one year of the submission of the alternatives by the Parties, then either Party can invoke the provisions of section 13 of this Agreement for resolution of the matter. The resolution of any dispute or disagreement concerning the revision, modification or amendment of the Operation Plan shall be governed by section 13 of this Agreement.
Appears in 6 contracts
Samples: Monitoring and Management Agreement, Monitoring and Management Agreement, Monitoring and Management Agreement
