Common use of Selection of OEPR Evaluator Clause in Contracts

Selection of OEPR Evaluator. No later than 90 Days prior to the Applicable NEP Verification Date, Company and Seller shall select, in accordance with the terms of this Section 4(a) (Selection of OEPR Evaluator), an independent engineering firm from the firms listed on the OEPR Consultants List (the "OEPR Evaluator") to prepare an operational energy production report ("OEPR"). Each party shall select the names of two (2) firms from the OEPR Consultants List. If there is mutual agreement on one or both of the named firms, then the Seller shall select one of the named firms to serve as the OEPR Evaluator. If there is no agreement on any of the named firms, then Seller shall select one of the firms named by the Company.

Selection of OEPR Evaluator. No later than 90 Days prior to the Applicable NEP Verification Date, Company and Seller Subscriber Organization shall select, in accordance with the terms of this Section 4(a) (Selection of OEPR Evaluator), an independent engineering firm from the firms listed on the OEPR Consultants List (the "OEPR Evaluator") to prepare an operational energy production report ("OEPR"). Each party shall select the names of two (2) firms from the OEPR Consultants List. If there is mutual agreement on one or both of the named firms, then the Seller Subscriber Organization shall select one of the named firms to serve as the OEPR Evaluator. If there is no agreement on any of the named firms, then Seller Subscriber Organization shall select one of the firms named by the Company.