NorCon Sample Clauses

NorCon. The Company and NorCon shall conduct separate good faith negotiations to enter into an agreement (the "NorCon Agreement") regarding the amendment, amendment and restatement, other restructuring or termination of NorCon's Existing PPA. The Company and NorCon agree to commence such negotiations, at a mutually agreeable location(s), promptly following the date of this Agreement and to meet not less frequently than weekly during the first month following the date of this Agreement and thereafter as the Company and NorCon may mutually agree. Although there is no obligation on the Company's part to agree to any further consideration to NorCon, should the Company and NorCon mutually so determine, NorCon may receive consideration pursuant to the NorCon Agreement which is in addition to the portion of the Allocable Consideration and the Restated Contracts allocated to NorCon in the Allocation (the "NorCon Allocation"). Any such additional consideration shall not affect the Allocation, increase or reduce the Allocable Consideration payable to any other IPP (i.e., the Allocable Consideration less the NorCon Allocation), nor in any way affect the Short-Term Notes or Additional Cash Payment, as applicable, or the terms of the Amended PPAs or Restated Contracts to be received by any other IPP or the Fixed Price Swap Contracts. In the event that the Company and NorCon should agree that NorCon's Existing PPA shall be a Terminating PPA, then the contract quantity and the installed capacity under the Restated Contracts each shall be reduced by the contract quantity and the installed capacity under the Restated Contracts allocated to NorCon pursuant to the original Allocation, and the aggregate contract adjustment identified on Attachment A-3 to Exhibit A shall be reduced by the portion of the Contract Adjustment allocated to NorCon pursuant to the original Allocation, if any, and in such event such reduction shall not affect the terms and conditions, including contract price, of any of the Restated Contracts to be entered into by any other IPPs. In the event the Company and NorCon are unable to agree in writing on the additional consideration, if any, to be received by NorCon within seventy-five (75) days after the date of this Agreement (which date may be extended with the mutual agreement of the Company and NorCon), then (i) this Agreement shall terminate with respect to NorCon, with the effect described in Section 12.4(b), and except as otherwise provided in Section 6.9(...
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Related to NorCon

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