Submission of BOP Benchmark Disagreement to Independent AF Evaluator. Upon issuance of a notice of BOP Benchmark Disagreement, the Parties shall review, as applicable, the IE Energy Assessment Report, the Initial OEPR and any written clarification thereof issued by the OEPR Evaluator who prepared the Initial OEPR, and any Subsequent OEPR and any written clarification thereof issued by the OEPR Evaluator who prepared the Subsequent OEPR, together with such notice of BOP Benchmark Disagreement, and attempt to resolve such BOP Benchmark Disagreement. If the Parties are able to agree on a resolution of any BOP Benchmark Disagreement, the resulting corrected BOP Benchmark shall be set forth in writing executed by both Parties, following which such corrected BOP Benchmark shall constitute the BOP Benchmark for the Contract Years in question. If the Parties are unable to resolve such BOP Benchmark Disagreement within thirty (30) Days after Seller's issuance of such notice of BOP Benchmark Disagreement, either Party may, within five (5) Business Days after the end of such 30-Day period, submit the unresolved BOP Benchmark Disagreement to an Independent AF Evaluator for resolution. The authority of the Independent AF shall be limited to deciding the following issues: If Company derived a BOP Benchmark from, as applicable, the IE Energy Assessment, the Initial OEPR and/or any written clarification issued by the OEPR Evaluator who prepared the Initial OEPR or a Subsequent OEPR and/or any written clarification issued by the OEPR Evaluator who prepared such Subsequent OEPR, the authority of the Independent AF Evaluator shall be limited to deciding: Is the BOP Benchmark derived by Company reasonably supported by the document from which it was derived as aforesaid?; and
Appears in 9 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
