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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Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
