Regulatory Approval; Confirmation of Condition Precedent. This Agreement and the PPA are subject to the jurisdiction and approval of the Commission. Company shall make application at Company’s cost for all necessary regulatory approvals, including approval by the Commission, within sixty (60) days of the execution of this Agreement by Company and Customer. Due to uncertainty as to the timing of such approvals and the potential for such approvals to be subject to varying conditions, the delivery by each Party to the other Party of a written notice stating that the Party delivering such notice does not object to any conditions of such approvals (a “CP Confirmation Notice”) shall be a condition precedent to the purchase or sale of any Renewable Energy or RECs under this Agreement. A Party’s determination as to whether to deliver a CP Confirmation Notice shall be at such Party’s sole discretion. Should either Party or both Parties fail to deliver a CP Confirmation Notice to the other on or before March 31, 2020, either Party may deliver a termination notice to the other Party with such termination effective on the date thirty (30) days following such notice unless, before such date, both Parties have delivered to each other CP Confirmation Notices.
Regulatory Approval; Confirmation of Condition Precedent. This Agreement is subject to the jurisdiction and approval of the Commission. Company shall make application at Company’s cost for all necessary regulatory approvals, including approval by the Commission, within sixty (60) days of the Effective Date. Due to uncertainty as to the timing of such approvals and the potential for such approvals to be subject to varying conditions, it shall be a condition precedent (the “Regulatory CP”) to the purchase or sale of any Renewable Energy or RECs under this Agreement that either (i) Company delivers notice to UK that all necessary regulatory approvals, including approval by the Commission, have been granted without any conditions (an “Unconditional CP Confirmation Notice”) or (ii) each Party delivers to the other Party a written notice stating that the Party delivering such notice does not object to any conditions of such approvals (a “CP Condition Acceptance Notice”). A Party’s determination as to whether to deliver a CP Condition Acceptance Notice shall be at such Party’s sole discretion. Should the Regulatory CP not occur on or before June 30, 2022, either Party may deliver a termination notice to the other Party with such termination effective on the date thirty (30) days following such termination notice unless, before such date, the Regulatory CP occurs.
Regulatory Approval; Confirmation of Condition Precedent. This Agreement and the PPA are subject to the jurisdiction and approval of the Commission. Company shall make application at Company’s cost for all necessary regulatory approvals, including approval by the Commission, within sixty (60) days of the execution of this Agreement by Company and Dow. Due to uncertainty as to the timing of such approvals and the potential for such approvals to be subject to varying conditions, the delivery by each Party to the other Party of a written notice stating that the Party delivering such notice does not object to any conditions of such approvals (a “CP Confirmation Notice”) shall be a condition precedent to the purchase or sale of any Renewable Energy or RECs under this Agreement. A Party’s determination as to whether to deliver a CP Confirmation Notice shall be at such Party’s sole discretion. Should either Party or both Parties fail to deliver a CP Confirmation Notice to the other on or before March 31, 2020, either Party may deliver a termination notice to the other Party with such termination effective on the date thirty (30) days following such notice unless, before such date, both Parties have delivered to each other CP Confirmation Notices. e this AgreemenKt bEyNTthUiCrtKy Y(30) days’ Dow PreUjBecLtIsCtSheERteVrmICsEfCoOr aMllMoIcSaStiIoOnN proposed allLoincadtaioCn.,BarniddwCeollmpany Executive Director to be without cost to Dow. If DowCom