Common use of Notice of Disagreement With Monthly Report Clause in Contracts

Notice of Disagreement With Monthly Report. Within ten (10) Business Days following the close of the calendar month in question, Seller shall provide to Company the Monthly Report for such calendar month and the LD Period, the PI Assessment Period and the XXXX Measurement Period (if any) ending with such calendar month, as provided in Section 1 (Monthly Report) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator). Within ten (10) Business Days after Company's receipt of a Monthly Report, Company shall provide written notice to Seller of any Monthly Report Disagreement, including with respect to the data for the calendar month covered by such Monthly Report and Seller's calculation of, as applicable, (i) the Modified Pooled OMC Equipment Availability Factor for the LD Period ending with such calendar month, (ii) the PI Assessment Period ending with such Performance Index calendar month, or (iii) any of the XXXX Capacity Ratio, the XXXX Annual Equivalent Availability Factor or the XXXX Equivalent Forced Outage Factor for the XXXX Measurement Period (if any) ending with such calendar month ("Notice of Disagreement"). Together with any such Notice of Disagreement, the Company shall include its own calculations and other support for its position. If Company fails to provide a Notice of Disagreement within said 10-Business Day period, the Monthly Report provided by Seller shall be deemed to be accepted by Company and shall no longer be subject to dispute by Company or Seller.

Appears in 7 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Notice of Disagreement With Monthly Report. Within ten (10) Business Days following the close of the calendar month in question, Seller shall provide to Company the Monthly Report for such calendar month and the LD Period, the PI MPR Assessment Period and the XXXX Measurement Period (if any) ending with such calendar month, as provided in Section 1 (Monthly Report) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator). Within ten (10) Business Days after Company's receipt of a Monthly Report, Company shall provide written notice to Seller of any Monthly Report Disagreement, including with respect to the data for the calendar month covered by such Monthly Report and Seller's calculation of, as applicable, (i) the Modified Pooled OMC Equipment PV System Equivalent Availability Factor for the LD Period ending with such calendar month, (ii) the PI MPR for the MPR Assessment Period ending with such Performance Index calendar month, or (iii) any of the XXXX Capacity Ratio, the XXXX Annual Equivalent Availability Factor or the XXXX Equivalent Forced Outage Factor for the XXXX Measurement Period (if any) ending with such calendar month ("Notice of Disagreement"). Together with any such Notice of Disagreement, the Company shall include its own calculations and other support for its position. If Company fails to provide a Notice of Disagreement within said 10-Business Day period, the Monthly Report provided by Seller shall be deemed to be accepted by Company and shall no longer be subject to dispute by Company or Seller.. [Reserved]

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Notice of Disagreement With Monthly Report. Within ten (10) Business Days following the close of the calendar month in question, Seller shall provide to Company the Monthly Report for such calendar month and the LD Period, the PI MPR Assessment Period and the XXXX Measurement Period (if any) ending with such calendar month, as provided in Section 1 (Monthly Report) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator). Within ten (10) Business Days after Company's receipt of a Monthly Report, Company shall provide written notice to Seller of any Monthly Report Disagreement, including with respect to the data for the calendar month covered by such Monthly Report and Seller's calculation of, as applicable, (i) the Modified Pooled OMC Equipment PV System Equivalent Availability Factor for the LD Period ending with such calendar month, (ii) the PI MPR for the MPR Assessment Period ending with such Performance Index calendar month, or (iii) any of the XXXX Capacity Ratio, the RTE Ratio, the XXXX Annual Equivalent Availability Factor or the XXXX Equivalent Forced Outage Factor for the XXXX Measurement Period (if any) ending with such calendar month ("Notice of Disagreement"). Together with any such Notice of Disagreement, the Company shall include its own calculations and other support for its position. If Company fails to provide a Notice of Disagreement within said 10-Business Day period, the Monthly Report provided by Seller shall be deemed to be accepted by Company and shall no longer be subject to dispute by Company or Seller.. [Reserved]

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Notice of Disagreement With Monthly Report. Within ten (10) Business Days following the close of the calendar month in question, Seller shall provide to Company the Monthly Report for such calendar month and the LD Period, the PI Assessment Period and the XXXX Measurement Period (if any) ending with such calendar month, as provided in Section 1 (Monthly Report) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator). Within ten (10) Business Days after Company's receipt of a Monthly Report, Company shall provide written notice to Seller of any Monthly Report Disagreement, including with respect to the data for the calendar month covered by such Monthly Report and Seller's calculation of, as applicable, (i) the Modified Pooled OMC Equipment Availability Factor for the LD Period ending with such calendar month, (ii) the PI Assessment Period ending with such Performance Index calendar month, or (iii) any of the XXXX Capacity Ratio, the RTE Ratio, the XXXX Annual Equivalent Availability Factor or the XXXX Equivalent Forced Outage Factor for the XXXX Measurement Period (if any) ending with such calendar month ("Notice of Disagreement"). Together with any such Notice of Disagreement, the Company shall include its own calculations and other support for its position. If Company fails to provide a Notice of Disagreement within said 10-Business Day period, the Monthly Report provided by Seller shall be deemed to be accepted by Company and shall no longer be subject to dispute by Company or Seller.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Notice of Disagreement With Monthly Report. Within ten (10) Business Days following the close of the calendar month in question, Seller Subscriber Organization shall provide to Company the Monthly Report for such calendar month and the LD Period, the PI MPR Assessment Period and the XXXX Measurement Period (if any) ending with such calendar month, as provided in Section 1 (Monthly Report) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator). Within ten (10) Business Days after Company's receipt of a Monthly Report, Company shall provide written notice to Seller Subscriber Organization of any Monthly Report Disagreement, including with respect to the data for the calendar month covered by such Monthly Report and SellerSubscriber Organization's calculation of, as applicable, (i) the Modified Pooled OMC Equipment PV System Equivalent Availability Factor for the LD Period ending with such calendar month, (ii) the PI MPR for the MPR Assessment Period ending with such Performance Index calendar month, or (iii) any of the XXXX Capacity Ratio, the RTE Ratio, the XXXX Annual Equivalent Availability Factor or the XXXX Equivalent Forced Outage Factor for the XXXX Measurement Period (if any) ending with such calendar month ("Notice of Disagreement"). Together with any such Notice of Disagreement, the Company shall include its own calculations and other support for its position. If Company fails to provide a Notice of Disagreement within said 10-Business Day period, the Monthly Report provided by Seller Subscriber Organization shall be deemed to be accepted by Company and shall no longer be subject to dispute by Company or Seller.Subscriber Organization. [Reserved]

Appears in 1 contract

Samples: Power Purchase Agreement

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