Special Provisions Applicable to Price Disputes Sample Clauses

Special Provisions Applicable to Price Disputes. The provisions of this Section 16(b) shall apply to disputes relating to the determination of the Price for gas under this Agreement, including, without limitation, issues relating to the choice of an applicable index, the replacement of an index that ceases to be available or the determination of index price adjustment or deductions for costs of delivery (all such disputes being hereinafter called "Price Disputes"). Each party shall deliver to the other party and to the arbitrator, within ten (10) business Days of the appointment of the arbitrator, a written proposal stating such party's proposed outcome. together with supporting materials and documentation. Each party shall submit its response to the other party's proposal within ten (10) business Days after the arbitrator's and other party's receipt of such proposal. The arbitrator, in his discretion, may request the submission of additional information, and may conduct a hearing on the subject matter of the dispute. Within forty-five (45) Days after the selection and appointment of the arbitrator, the arbitrator shall select and adopt either Seller's proposal or Buyer's proposal, without modification or compromise. The arbitrator shall make his decision as follows: (i) in any Price Dispute over an index, the arbitrator shall decide which of the proposed indexes presented to the arbitrator, after index price adjustments and deductions for costs of delivery, best represents the market price for gas of like quantities and quality at the applicable Delivery Point(s), (ii) in any Price Dispute over index price adjustments, the arbitrator shall decide which proposed index price adjustment presented to the arbitrator best represents the differentials reasonably necessary to adjust the Price for gas to accurately reflect the market price: for gas of like quantities and quality at the Delivery Point(s) in question, and (iii) in all other Price Disputes (including, but not limited to, Price Disputes regarding costs of delivery), the arbitrator shall consider the terms and conditions of this Agreement and the requirements of applicable Texas law, including, without limitation, the Texas version of the Uniform Commercial Code in effect at the period relevant to the Price Dispute under consideration. The applicable Price during the arbitration shall be the Price being paid on the day before the demand for arbitration was made. Upon the conclusion of the arbitration, such Price, it has changed as a result of the arb...
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Special Provisions Applicable to Price Disputes. The provisions of this Section 12.2 shall apply to disputes relating to the determination of the price payable for Subject NGLs under Article VI, including, without limitation, issues relating to the choice of an applicable Alternative Index, (all such disputes being hereinafter called "Price Disputes"). The arbitrator shall be selected in accordance with Section 12. 1. Each Party shall deliver to the other Party and to the arbitrator, within ten (10) Business Days of the appointment of the arbitrator, a written proposal stating such Party's proposed outcome, together with supporting materials and documentation. Within forty-five (45) Days after his selection and appointment, the arbitrator shall select and adopt either UPR's proposal or UPFUELS' proposal, without modification or compromise. The arbitrator shall make his decision as follows: (i) in any Price Dispute over an Index, the arbitrator shall decide which of the proposed Indexes presented to the arbitrator, best represents the market price for NGLs of like quantities and quality at the applicable Delivery Point(s), and (ii) in all other Price Disputes, the arbitrator shall consider the terms and conditions of this Agreement and the requirements of applicable Texas law, including, without limitation, the Texas version of the Uniform Commercial Code in effect at the period relevant to the Price Dispute under consideration. The applicable contract price during the arbitration shall be the contract price being paid on the Day before the demand for arbitration was made. Upon the conclusion of the arbitration, the price in dispute, if it has changed as a result of the arbitrator's decision, shall be adjusted retroactive to the date the demand for arbitration was made. Unless explicitly provided otherwise in this Section 12.2, the other provisions of this Article XII shall be applicable to all arbitrations with respect to Price Disputes.
Special Provisions Applicable to Price Disputes. Special Provisions Applicable to Disputes for Less Than One Million Dollars....................34
Special Provisions Applicable to Price Disputes. 26 ARTICLE XIII
Special Provisions Applicable to Price Disputes. The provisions of this Section 12.2 shall apply to disputes relating to the determination of the Contract Price, including, without limitation, issues relating to the choice of an applicable Index, Index Price or the determination of Index Price Adjustments (all such disputes being hereinafter called "Price Disputes").

Related to Special Provisions Applicable to Price Disputes

  • Special Provisions Applicable to LIBOR Rate (i) The LIBOR Rate may be adjusted by Agent with respect to any Lender on a prospective basis to take into account any additional or increased costs to such Lender of maintaining or obtaining any eurodollar deposits or increased costs, in each case, due to changes in applicable law occurring subsequent to the commencement of the then applicable Interest Period, including any Changes in Law (including any changes in tax laws (except changes of general applicability in corporate income tax laws)) and changes in the reserve requirements imposed by the Board of Governors, which additional or increased costs would increase the cost of funding or maintaining loans bearing interest at the LIBOR Rate. In any such event, the affected Lender shall give Borrowers and Agent notice of such a determination and adjustment and Agent promptly shall transmit the notice to each other Lender and, upon its receipt of the notice from the affected Lender, Borrowers may, by notice to such affected Lender (A) require such Lender to furnish to Borrowers a statement setting forth in reasonable detail the basis for adjusting such LIBOR Rate and the method for determining the amount of such adjustment, or (B) repay the LIBOR Rate Loans of such Lender with respect to which such adjustment is made (together with any amounts due under Section 2.12(b)(ii)). (ii) In the event that any change in market conditions or any Change in Law shall at any time after the date hereof, in the reasonable opinion of any Lender, make it unlawful or impractical for such Lender to fund or maintain LIBOR Rate Loans or to continue such funding or maintaining, or to determine or charge interest rates at the LIBOR Rate, such Lender shall give notice of such changed circumstances to Agent and Borrowers and Agent promptly shall transmit the notice to each other Lender and (y) in the case of any LIBOR Rate Loans of such Lender that are outstanding, the date specified in such Lender’s notice shall be deemed to be the last day of the Interest Period of such LIBOR Rate Loans, and interest upon the LIBOR Rate Loans of such Lender thereafter shall accrue interest at the rate then applicable to Base Rate Loans, and (z) Borrowers shall not be entitled to elect the LIBOR Option until such Lender determines that it would no longer be unlawful or impractical to do so.

  • General Provisions Applicable to Loans Section 6.1 Minimum Amounts for Committed Borrowings, Conversions or Continuations and Prepayments.

  • General Provisions Applicable to Loans and Letters of Credit 4.1. Interest Rates and Payment Dates 4.2. Conversion and Continuation Options 4.3. Minimum Amounts of Sets

  • Other Provisions Applicable to Adjustments The following provisions shall be applicable to the making of adjustments of the number of shares of Common Stock into which this Warrant is exercisable and the Current Warrant Price provided for in Section 4:

  • Provisions Applicable to Certain Agreements The provisions in this section are applicable only to the types of orders specified in the first sentence of each subsection. If this Agreement is not of the type described in the first sentence of a subsection, then that subsection does not apply to the Agreement.

  • Other Provisions Applicable to Adjustments Under this Section 4. The following provisions shall be applicable to the making of adjustments in the Warrant Price hereinbefore provided in Section 4:

  • General Conditions Applicable to Insurance All policies of insurance required by this section shall comply with the following requirements:

  • Conditions Applicable to Insurance All policies of insurance required by this solicitation or any Contract resulting from this solicitation must meet the following requirements:

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