Residential Exchange Program Settlement Implementation Agreement— Exhibit A of the Settlement Sample Clauses

Residential Exchange Program Settlement Implementation Agreement— Exhibit A of the Settlement. ‌ As the name implies, the REPSIA contains the terms and conditions necessary to implement the Settlement during its 17-year term. Xxxxxx et al., REP-12-E-BPA-10, at 17. Unlike the broader Settlement, which all settling COUs, IOUs, and other parties will sign, the REPSIA will be executed only by BPA and the individual IOUs. Id. In this respect, the REPSIA is in many ways similar to the RPSA that is currently used to implement the REP between BPA and the IOUs. Id. The REPSIA retains many elements of the RPSA but also adds a number of new features in order to implement the provisions of the Settlement. Id. at 17-18. The REPSIA and RPSA are similar in that the REPSIA retains the RPSA’s purchase and sale provisions, which govern the exchange-based relationship between BPA and the IOUs. Id. at 18. Thus, under the REPSIA, each IOU will continue to sell power to BPA at its ASC. Id.; see also REPSIA, REP-12-A-02A, Exhibit A, § 6. BPA also will continue to sell power to the IOUs at BPA’s specified PF Exchange rate. Xxxxxx et al., REP-12-E-BPA-10, at 18; see also REPSIA, REP-12-A-02A, Exhibit A, § 5. The REPSIA also retains the ASC requirements of the RPSA, such as the requirement that the IOUs file ASCs with BPA pursuant to the ASC Methodology. Xxxxxx et al., REP-12-E-BPA-10, at 18. The administration features of the REPSIA and RPSA are also generally the same. Id. The REPSIA, like the RPSA, requires the IOUs to pass through all of the REP benefits provided under the agreement to their residential and small farm consumers. Id. To ensure these payments are made in the right amounts and to the appropriate consumers, the REPSIA also preserves the audit and accounting requirements of the RPSA. Id. The RPSA and REPSIA differ in some respects. The RPSAs between BPA and the IOUs are separate standalone agreements and are not dependent upon or connected to any other arrangement BPA has with the IOUs or any other customer group. Id. The REPSIA, by contrast, is dependent upon and inextricably linked to the Settlement, and therefore must be viewed in light of the larger context presented by the Settlement. Id. To that end, there are certain terms in the REPSIA that have been included for purposes of settling all issues pertaining to the REP. Id. For example, BPA has agreed to withhold its discretionary right to engage in in lieu purchases during the term of the Settlement. Id. at 18-19. In addition, BPA has removed a provision known as a Balancing Account or “xxxxxx” provisio...
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Related to Residential Exchange Program Settlement Implementation Agreement— Exhibit A of the Settlement

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • NON-ACCEPTANCE OF SETTLEMENT AGREEMENT 33. If, for any reason whatsoever, this Settlement Agreement is not accepted by the Hearing Panel or an Order in the form attached as Schedule “A” is not made by the Hearing Panel, each of Staff and the Respondent will be entitled to any available proceedings, remedies and challenges, including proceeding to a disciplinary hearing pursuant to sections 20 and 24 of By- law No. 1, unaffected by this Settlement Agreement or the settlement negotiations.

  • Sale of Note; Change of Loan Servicer; Notice of Grievance The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the “Loan Servicer”) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party’s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.

  • EXECUTION OF SETTLEMENT AGREEMENT 37. This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • Authority to Enter Into Settlement Agreement 5.1 CAG represents that its signatory to this Settlement Agreement has full authority to enter into and legally bind CAG to this Settlement Agreement.

  • EFFECTIVE DATE OF SETTLEMENT 38. The Effective Date of this Settlement shall be the first business day on which all of the following shall have occurred or been waived:

  • NEGOTIATION OF A SUBSEQUENT AGREEMENT The parties agree to commence negotiations for a new collective agreement to succeed this Agreement at least 3 months before the nominal expiry date. The parties intend to conclude these negotiations prior to the nominal expiry date. These negotiations shall be conducted on a collective basis between the parties with the negotiated outcome being subject to approval of a vote of the employees collectively.

  • FAILURE TO HONOUR SETTLEMENT AGREEMENT 32. If this Settlement Agreement is accepted by the Hearing Panel and, at any subsequent time, the Respondent fails to honour any of the Terms of Settlement set out herein, Staff reserves the right to bring proceedings under section 24.3 of the By-laws of the MFDA against the Respondent based on, but not limited to, the facts set out in Part IV of the Settlement Agreement, as well as the breach of the Settlement Agreement. If such additional enforcement action is taken, the Respondent agrees that the proceeding(s) may be heard and determined by a hearing panel comprised of all or some of the same members of the hearing panel that accepted the Settlement Agreement, if available.

  • ADDITIONAL TERMS OF SETTLEMENT 22. This settlement is agreed upon in accordance with section 24.4 of MFDA By-law No. 1 and Rules 14 and 15 of the MFDA Rules of Procedure.

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