Common use of Monthly Meetings; Modification of Operating Plan Clause in Contracts

Monthly Meetings; Modification of Operating Plan. Operator and Owner Representatives shall, if requested by either Party, meet on the fifteenth (15th) day of each Month, or if such day is not a business day, the first business day thereafter, to review and discuss: (a) the Billing Report for the Facility for the preceding Month, as submitted by Operator pursuant to Section 8.6; and (b) any proposed adjustments in the relevant Approved Operating Plan, Approved Budget, or Approved Maintenance Program for the Facility to reflect: (i) any changes in assumptions in the Approved Operating Plan, Approved Budget, or Approved Maintenance Program which might be desirable in the light of the performance of the Facility; (ii) any other material change in circumstance or assumption in the Approved Operating Plan, Approved Budget, or Approved Maintenance Program; or (iii) any changes to the Services specified in the Approved Operating Plan, Approved Budget, or Approved Maintenance Program. The Parties shall seek to agree upon (i) each expenditure incurred by Operator in the immediately preceding Month which varies from the Operating Expenses set forth in the Approved Budget for such Month, and (ii) proposed adjustments, if any, to be made to the Approved Operating Plan, in each case on or before the twentieth (20th) day of such Month. If the Parties cannot reach agreement on or before the twentieth (20th) day of the Month, any Dispute shall be referred to dispute resolution in accordance with Article XVIII. Any adjustment to the Approved Operating Plan as agreed to by the Parties or resolved in accordance with Article XVIII shall be incorporated into the relevant Approved Operating Plan and such adjustment shall become effective for purposes of this Agreement from the date of Owner’s approval thereof (or resolution of such Dispute pursuant to Article XVIII, if applicable) and shall be applied to the first period to which such adjustment relates following such approval or resolution.

Appears in 2 contracts

Samples: Operation and Maintenance Agreement, Operation and Maintenance Agreement (Cheniere Energy Inc)

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Monthly Meetings; Modification of Operating Plan. Operator and Owner Representatives shall, if requested by either Party, shall meet on the fifteenth (15th) day of each Month, or if such day is not a business day, the first business day thereafter, to review and discuss: (a) the Billing Report for the Facility for the preceding Month, as submitted by Operator pursuant to Section 8.68.4; and (b) any proposed adjustments in the relevant Approved Operating Plan, Approved Budget, or Approved Maintenance Program for the any Facility to reflect: (i) any changes in assumptions in the Approved Operating Plan, Approved Budget, Plan or Approved Maintenance Program which might be desirable in the light of the performance of the that Facility; (ii) any other material change in circumstance or assumption in the Approved Operating Plan, Approved Budget, Plan or Approved Maintenance Program; or (iii) any changes to the Services specified in the Approved Operating Plan, Approved Budget, Plan or Approved Maintenance Program. The Parties shall seek to agree upon (i) each expenditure incurred by Operator in the immediately preceding Month which varies from the Operating Expenses set forth in the Approved Budget for such Month, and (ii) proposed adjustments, if any, to be made to the Approved Operating PlanPlan or Approved Maintenance Program, in each case on or before the twentieth (20th) day of such Month. If the Parties cannot reach agreement on or before the twentieth (20th) day of the Month, any Dispute dispute shall be referred to dispute resolution in accordance with Article XVIIISection 18.1. Any adjustment to the Approved Operating Plan as agreed to by the Parties or resolved in accordance with Article XVIII 18 shall be incorporated into the relevant Approved Operating Plan or Approved Maintenance Program and such adjustment shall become effective for purposes of this Agreement from the date of the Owner’s approval thereof (or resolution of such Dispute dispute pursuant to Article XVIII18, if applicable) and shall be applied to the first period Period to which such adjustment relates following such approval or resolution.

Appears in 1 contract

Samples: Operation and Maintenance Agreement

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Monthly Meetings; Modification of Operating Plan. Operator Operator's and Owner Owner's Representatives shall, if requested by either Party, meet on the fifteenth (15th) day of each Month, or if such day is not a business day, the first business day thereafter, to review and discuss: (a) the Billing Report for the Facility for the preceding Month, as submitted by Operator pursuant to Section 8.6; and (b) any proposed adjustments in the relevant Approved Operating Plan, Approved Budget, or Approved Maintenance Program for the Facility to reflect: (i) any changes in assumptions in the Approved Operating Plan, Approved Budget, or Approved Maintenance Program which might be desirable in the light of the performance of the Facility; (ii) any other material change in circumstance or assumption in the Approved Operating Plan, Approved Budget, or Approved Maintenance Program; or (iii) any changes to the Services specified in the Approved Operating Plan, Approved Budget, or Approved Maintenance Program. The Parties shall seek to agree upon (i) each expenditure incurred by Operator in the immediately preceding Month which varies from the Operating Expenses set forth in the Approved Budget for such Month, and (ii) proposed adjustments, if any, to be made to the Approved Operating Plan, in each case on or before the twentieth (20th) day of such Month. If the Parties cannot reach agreement on or before the twentieth (20th) day of the Month, any Dispute shall be referred to dispute resolution in accordance with Article XVIII. Any adjustment to the Approved Operating Plan as agreed to by the Parties or resolved in accordance with Article XVIII shall be incorporated into the relevant Approved Operating Plan and such adjustment shall become effective for purposes of this Agreement from the date of Owner’s Owner approval thereof (or resolution of such Dispute pursuant to Article XVIII, if applicable) and shall be applied to the first period to which such adjustment relates following such approval or resolution.

Appears in 1 contract

Samples: Operation and Maintenance Agreement (Cheniere Energy Partners, L.P.)

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