Common use of Submission of Quarterly Report Disagreement to Independent Evaluator Clause in Contracts

Submission of Quarterly Report Disagreement to Independent Evaluator. Upon issuance of a Notice of Disagreement, the Parties shall review the contents of the Quarterly Report(s) together with such Notice of Disagreement and attempt to resolve such Quarterly Report Disagreement. If the Parties are able to agree on a resolution of any Quarterly Report Disagreement, the resulting corrected Quarterly Report(s) in question shall be set forth in a writing executed by both Parties, following which (i) such corrected Quarterly Reports shall no longer be subject to dispute by either Party and (ii) to the extent such resolution of such Quarterly Report Disagreement affects future Quarterly Reports, such future Quarterly Reports shall be prepared, and the Annual EAF and the Annual EFOF in such future Quarterly Reports shall be calculated, in a manner consistent with such resolution. If the Parties are unable to resolve such Quarterly Report Disagreement within ten (10) Business Days after Company's issuance of such Notice of Quarterly Report Disagreement, either Party may, within five (5) Business Days after the end of such 10-Business Day period, submit the unresolved Quarterly Report Disagreement to an Independent Evaluator for resolution.

Appears in 5 contracts

Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement

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