Notice of Disagreement With BOP Benchmark Determination Sample Clauses

Notice of Disagreement With BOP Benchmark Determination. If Seller disagrees with either (i) the BOP Benchmark derived by Company from, as applicable, the IE Energy Assessment Report, the Initial OEPR or any Subsequent OEPR or (ii) Company's claim that it is unable to reasonably derive a BOP Benchmark from, as applicable, the IE Energy Assessment Report or any written clarification issued by an OEPR Evaluator pursuant to either Section 2.7(b)(ii) (Commencing With the Third Contract Year) or Section 2.7(b)(iii) (Commencing With the First Subsequent OEPR and Thereafter) of this Agreement, Seller shall, within thirty (30) Days after receipt of Company's written notice of the BOP Benchmark pursuant to Section 2.7(b) (Determination of BOP Benchmark) of this Agreement, provide written notice to Company of Seller’s disagreement with either (i)the BOP Benchmark derived by Company as aforesaid or (ii) Company's claim that it is unable to reasonably derive a BOP Benchmark ("BOP Benchmark Disagreement"). Together with such notice of disagreement ("Notice of BOP Benchmark Disagreement"), the Seller shall include its own calculation and other support for its position. If Seller fails to provide such notice within such 30-Day period, the BOP Benchmark designated in Company's written notice shall be deemed to be accepted by Seller and shall no longer be subject to dispute by Company or Seller. For avoidance of doubt, if Company claims that it is unable to reasonably derive a BOP Benchmark from, as applicable, the IE Energy Assessment Report or any written clarification issued by an OEPR Evaluator, Company shall be deemed to have designated a BOP Benchmark of 97%.
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Related to Notice of Disagreement With BOP Benchmark Determination

  • Dispute Notice If there is a dispute between the parties, then either party may give a notice to the other succinctly setting out the details of the dispute and stating that it is a dispute notice given under this clause 17.1.

  • Notice of Dispute The party wishing to commence the dispute resolution process must give written notice (Notice of Dispute) to the other parties of:

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  • Termination for Cause with Notice to Cure Requirement Contractor may terminate this contract for the Department’s failure to perform any of its duties under this contract after giving the Department written notice of the failure. The written notice must demand performance of the stated failure within a specified period of time of not less than 30 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period.

  • Disagreement on Decision Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson of the Board of Arbitration to reconvene the Board to clarify the decision, which it shall do within five (5) days.

  • Eligibility Determination The State or its designee will make eligibility determinations for each of the HHSC HMO Programs.

  • T ermination In the event that either party seeks to terminate this DPA, they may do so by mutual written consent and as long as any service agreement or terms of service, to the extent one exists, has lapsed or has been terminated. The LEA may terminate this DPA and any service agreement or contract with the Provider if the Provider breaches any terms of this DPA.

  • Justification for the Request The request for a supplemental funding for any of the above-mentioned programs should contain a justification clearly documenting the need for the additional funding authority during the current quarter. This documentation should be in the form of State accounting records or similar documents that will show the actual expenditures through the most recent month for which such data are available, as well as the State's most accurate projection of its anticipated expenditures during the remaining month(s) of the quarter. For either the TANF or the CCDF program, the State's justification should also include an explanation of the activities requiring the obligation and/or expenditure of amounts that exceed the normal quarterly grant award restrictions and why these activities could not have been delayed until the next quarter.

  • Termination Notice for Force Majeure Event If a Force Majeure Event subsists for a period of 180 (one hundred and eighty) days or more within a continuous period of 365 (three hundred and sixty five) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 34, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.

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