Pool Price.
(a) In the event that: (i) the Pool Price ceases to be published by the AESO or is otherwise unavailable; or (ii) the Pool Price no longer represents a reasonable indication of the price actually paid by the market in Alberta for Electricity Delivered by the Facility (each of the foregoing, a "Pool Price Event"), the Pool Price shall be replaced by a substitute price, agreed upon by the Parties or determined pursuant to arbitration in accordance with Section 6.11(b), that most closely represents the price actually paid by the market in Alberta for Electricity Delivered by the Facility (the "Replacement Price").
(b) If the AESO has determined (or if it has been determined in accordance with provisions of Article 19) that a Pool Price Event is likely to occur within the succeeding twelve (12) calendar months, the AESO shall propose a Replacement Price to the Generator and, at the AESO's discretion, to all of the Other Generators who are required by the AESO to participate. If the Parties are unable to agree on the AESO's proposal or that of the Generator or any of the Other Generators, as the case may be, within thirty (30) days after the Pool Price Event occurs, then the Replacement Price shall be determined by mandatory and binding arbitration, from which there shall be no appeal, with such arbitration to be conducted in accordance with the procedures set out in Schedule 6. If, the Generator fails to participate in such arbitration, the Generator acknowledges and agrees that such arbitration, may nevertheless proceed with the AESO and the Other Generators, and the Generator shall be bound by the award of the Joint Arbitration Panel.
(c) Any Replacement Price agreed upon by the Parties or determined pursuant to arbitration shall be deemed to be in effect (and the Agreement shall be deemed to be amended by the agreement of the Parties or the decision of the Joint Arbitration Panel, as the case may be) from and after the date the Pool Price Event occurred.
(d) If the Pool Price Event occurs before a Replacement Price is agreed upon or determined, the Monthly Support Payments shall be calculated using the Replacement Price proposed by the AESO pursuant to Section 6.11(b), provided that all such payments shall be subject to recalculation and readjustment as a result of any agreement of the Parties or award of the Joint Arbitration Panel, and any such adjustment shall, as provided in Section 6.7(c), be accounted for in the next subsequent RESA Statement, along...
Pool Price. (a) In the event that the Pool Price ceases to be published by the Power Pool or is otherwise unavailable, or the method of determination of the Pool Price by the Power Pool is materially altered or the Pool Price is reasonably judged by the Parties no longer to represent a reasonable indication of the wholesale market price for electricity in Alberta, the Pool Price shall be replaced by a substitute, which is agreed upon by the Parties, that represents a reasonable indication of the wholesale market price for electricity in Alberta and any required amendments to this Arrangement shall be made.
(b) In the event that a substitute for the Pool Price has not been determined at the time it is required for the purpose of making any calculation under this Arrangement, the Parties, shall, on an interim basis, use the last available values of the Rolling Average Monthly Off Peak Pool Price or Rolling Average Monthly Peak Pool Price, as the context requires, for the purpose of making such calculations. Once the substitute for the Pool Price has been determined, the Parties shall promptly make whatever final adjustments to payments which had been made between them on an interim basis as are required to give effect to such substitute for the Pool Price as of the effective date thereof.
Pool Price. Clause 17.1 is subject to the operation of Clause 10.5(b)(ii) (undersupplied milk solids) and 10.5(b)(iii) (oversupplied milk solids).
