Notice of Disagreement With GPR Benchmark Determination. If Seller disagrees with either (i) the GPR Benchmark derived by Company pursuant to Section 2.6(b) (Determination of GPR Benchmark) of this Agreement or (ii) Company's claim that it is unable to reasonably derive such GPR Benchmark, Seller shall, within thirty (30) Days after receipt of Company's written notice of the GPR Benchmark pursuant to Section 2.6(b) (Determination of GPR Benchmark), provide written notice to Company of Seller's disagreement with either (i)the GPR Benchmark derived by Company as aforesaid or (ii) Company's claim that it is unable to reasonably derive a GPR Benchmark ("GPR Benchmark Disagreement"). Together with such notice of disagreement ("Notice of GPR 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 GPR 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 GPR Benchmark from, as applicable, the IE Energy Assessment Report and supporting data on plane of array irradiance and corresponding power output or any written clarification of an Initial OEPR or Subsequent OEPR issued by an OEPR Evaluator, Company shall be deemed to have designated a GPR Benchmark of 0.9.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
