Common use of Modifications Pursuant to Unfavorable MDPU Order Clause in Contracts

Modifications Pursuant to Unfavorable MDPU Order. In the event the Regulatory Approval contains modifications or conditions that are unacceptable to a Party, in the Party’s sole discretion (an “Unfavorable MDPU Order”), such Party shall deliver a written notice to the other Party of such Unfavorable MDPU Order specifying the unacceptable modifications or conditions, which notice shall be delivered within five (5) Business Days following such Unfavorable MDPU Order, and the Parties may agree to amend this Agreement to address such modifications or conditions (any of the foregoing amendments, a “State Amendment”). Any such amendment shall be subject to applicable regulatory approvals, and as soon as practicable after any State Amendment has been executed, Distribution Company or Owner (as applicable) shall file such State Amendment with the MDPU and FERC.