Submission of GPR Benchmark Disagreement to Independent AF Evaluator Sample Clauses

Submission of GPR Benchmark Disagreement to Independent AF Evaluator. Upon issuance of a notice of GPR Benchmark Disagreement, the Parties shall review, as applicable, the IE Energy Assessment Report and the supporting data on plane of array irradiance and corresponding power output, the Initial OEPR, the supporting data on plane of array irradiance and corresponding power output and any written clarification of the Initial OEPR issued by the OEPR Evaluator who prepared the Initial OEPR, and any Subsequent OEPR, the supporting data on plane of array irradiance and corresponding power output and any written clarification of such Subsequent OEPR issued by the OEPR Evaluator who prepared the Subsequent OEPR, together with such Notice of GPR Benchmark Disagreement, and attempt to resolve such GPR Benchmark Disagreement. If the Parties are able to agree on a resolution of any GPR Benchmark Disagreement, the resulting corrected GPR Benchmark shall be set forth in writing executed by both Parties, following which such corrected GPR Benchmark shall constitute the GPR Benchmark for the period in question. If the Parties are unable to resolve such GPR Benchmark Disagreement within thirty (30) Days after Seller's issuance of such Notice of GPR Benchmark Disagreement, either Party may, within five (5) Business Days after the end of such 30-Day period, submit the unresolved GPR 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 GPR Benchmark from, as applicable, (i) the IE Energy Assessment and the supporting data on plane of array irradiance and corresponding power output, (ii) the Initial OEPR, the supporting data on plane of array irradiance and corresponding power output and/or any written clarification issued by the OEPR Evaluator who prepared the Initial OEPR, or (iii) a Subsequent OEPR, the supporting data on plane of array irradiance and corresponding power output 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 GPR Benchmark derived by Company reasonably supported by the document and data set from which it was derived as aforesaid?; and
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Related to Submission of GPR Benchmark Disagreement to Independent AF Evaluator

  • Determination by Independent Accountant The Independent Accountant shall make a determination as soon as practicable within thirty (30) days (or such other time as the parties hereto shall agree in writing) after their engagement, and their resolution of the Disputed Amounts and their adjustments to the Closing Working Capital Statement and/or the Post-Closing Adjustment shall be conclusive and binding upon the parties hereto.

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  • Independent Expert The Parties and the other signatories may, upon written agreement, resort to an independent expert in order to obtain a well-grounded opinion that may lead to the settlement of the dispute or controversy. In case such agreement is signed, arbitration may only be filed after issuance of the expert’s opinion.

  • CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: A. The prices in this bid have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. B. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; and, C. No attempt has been made or shall be made by the Bidder to induce any other person or bidder to submit or not to submit a bid for the purpose of restricting competition.

  • Disagreement on Decision Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson of the Arbitration Board to reconvene the Board to clarify the decision, which it shall make every effort to do within seven days.

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

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  • HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance.

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