Common use of Resolution by the Parties Clause in Contracts

Resolution by the Parties. 12.2.1. If the Dispute relates to the accuracy of Utility’s calculation of any payment required to be made under this Agreement (a “Calculation Dispute”), then Generator must provide written notice of the Dispute to Utility within ten (10) Business Days of Generator’s receipt of Utility’s calculation of the payment pursuant to Section 2.2., which notice must state the nature of Generator’s disagreement with Utility’s calculation and include all documentation upon which Generator bases its disagreement. Within ten (10) Business Days of Utility’s receipt of a written notice claiming a Calculation Dispute, Utility shall either: (a) notify Generator that Utility agrees the initial calculation was in error and provide a revised calculation of the payment that is the subject of the Calculation Dispute; or (b) provide Generator with the basis of Utility’s determination that the calculation was correct, including all documentation upon which Utility relies. If Generator does not accept Utility’s revised calculation or Utility’s explanation of the original calculation, then, within ten (10) Business Days, executives of both parties shall meet at a mutually agreeable time and place and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. 12.2.2. If the Dispute is not a Calculation Dispute, then upon receipt of a written notice claiming a Dispute, executives of both parties shall meet at a mutually agreeable time and place within ten (10) Business Days after delivery of such notice and thereafter as often February 23, 2011 as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. In such meetings and exchanges, a party shall have the right to designate as confidential any information that such party offers. No confidential information exchanged in such meetings for the purpose of resolving a Dispute may be used by a party in litigation against the other party. 12.2.3. Any correction to a calculation upon which the parties agree to resolve the Calculation Dispute, shall be reflected in the Utility’s calculation under Section 2.2 for the next Delivery Year following the resolution of the Dispute.

Resolution by the Parties. 12.2.1. If the Dispute relates to the accuracy of Utility’s calculation of any payment required to be made under this Agreement (a “Calculation Dispute”), then Generator must provide written notice of the Dispute to Utility within ten (10) Business Days of Generator’s receipt of Utility’s calculation of the payment pursuant to Section 2.2., which notice must state the nature of Generator’s disagreement with Utility’s calculation and include all documentation upon which Generator bases its disagreement. Within ten (10) Business Days of Utility’s receipt of a written notice claiming a Calculation Dispute, Utility shall either: (a) notify Generator that Utility agrees the initial calculation was in error and provide a revised calculation of the payment that is the subject of the Calculation Dispute; or (b) provide Generator with the basis of Utility’s determination that the calculation was correct, including all documentation upon which Utility relies. If Generator does not accept Utility’s revised calculation or Utility’s explanation of the original calculation, then, within ten (10) Business Days, executives of both parties shall meet at a mutually agreeable time and place and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. 12.2.2. If the Dispute is not a Calculation Dispute, then upon receipt of a written notice claiming a Dispute, executives of both parties shall meet at a mutually agreeable time and place within ten (10) Business Days after delivery of such notice and thereafter as often February 23, 2011 as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. In such meetings and exchanges, a party shall have the right to designate as confidential any information that such party offers. No confidential information exchanged in such meetings for the purpose of resolving a Dispute may be used by a party in litigation against the other party. 12.2.3. Any correction to a calculation upon which the parties agree to resolve the Calculation Dispute, shall be reflected in the Utility’s calculation under Section 2.2 for the next Delivery Year following the resolution of the Dispute.

Resolution by the Parties. 12.2.1. If the Dispute relates to the accuracy of Utility’s calculation of any payment required to be made under this Agreement (a “Calculation Dispute”), then Generator must provide written notice of the Dispute to Utility within ten (10) Business Days of Generator’s receipt of Utility’s calculation of the payment pursuant to Section 2.2.,, which notice must state the nature of Generator’s disagreement with Utility’s calculation and include all documentation upon which Generator bases its disagreement. Within ten (10) Business Days of Utility’s receipt of a written notice claiming a Calculation Dispute, Utility shall either: (a) notify Generator that Utility agrees the initial calculation was in error and provide a revised calculation of the payment that is the subject of the Calculation Dispute; or (b) provide Generator with the basis of Utility’s determination that the calculation was correct, including all documentation upon which Utility relies. If Generator does not accept Utility’s revised calculation or Utility’s explanation of the original calculation, then, within ten (10) Business Days, executives of both parties shall meet at a mutually agreeable time and place and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. 12.2.2. If the Dispute is not a Calculation Dispute, then upon receipt of a written notice claiming a Dispute, executives of both parties shall meet at a mutually agreeable time and place within ten (10) Business Days after delivery of such notice and thereafter as often February 23, 2011 as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. In such meetings and exchanges, a party shall have the right to designate as confidential any information that such party offers. No confidential information exchanged in such meetings for the purpose of resolving a Dispute may be used by a party in litigation against the other party. 12.2.3. Any correction to a calculation upon which the parties agree to resolve the Calculation Dispute, shall be reflected in the Utility’s calculation under Section 2.2 for the next Delivery Year following the resolution of the Dispute.

Resolution by the Parties. 12.2.1. If the Dispute relates to the accuracy of Utility’s calculation of any payment required to be made under this Agreement (a “Calculation Dispute”), then Generator must provide written notice of the Dispute to Utility within ten (10) Business Days of Generator’s receipt of Utility’s calculation of the payment pursuant to Section 2.2., which notice must state the nature of Generator’s disagreement with Utility’s calculation and include all documentation upon which Generator bases its disagreement. Within ten (10) Business Days of Utility’s receipt of a written notice claiming a Calculation Dispute, Utility shall either: (a) notify Generator that Utility agrees the initial calculation was in error and provide a revised calculation of the payment that is the subject of the Calculation Dispute; or (b) provide Generator with the basis of Utility’s determination that the calculation was correct, including all documentation upon which Utility relies. If Generator does not accept Utility’s revised calculation or Utility’s explanation of the original calculation, then, within ten (10) Business Days, executives of both parties shall meet at a mutually agreeable time and place and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. 12.2.2. If the Dispute is not a Calculation Dispute, then upon receipt of a written notice claiming a Dispute, executives of both parties shall meet at a mutually agreeable time and place within ten (10) Business Days after delivery of such notice and thereafter as often February 23, 2011 as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. In such meetings and exchanges, a party shall have the right to designate as confidential any information that such party offers. No confidential information exchanged in such meetings for the purpose of resolving a Dispute may be used by a party in litigation against the other party. 12.2.3. Any correction to a calculation upon which the parties agree to resolve the Calculation Dispute, shall be reflected in payable within ten (10) Business Days of such resolution plus interest at the Utility’s calculation under Interest Rate. . 12.2.4. If the parties are unable to resolve a Dispute between themselves pursuant to Section 2.2 12.2, then the Dispute will be submitted to the Board for the next Delivery Year following the resolution of the Disputeresolution.