Common use of Suspension by NCPA Clause in Contracts

Suspension by NCPA. If performance of all or any portion of this Agreement is suspended by NCPA with respect to a Participant in accordance with Section 10.4.1(i), such Participant shall pay any and all costs and obligations incurred by NCPA as a result of such suspension, including reasonable attorneysʹ fees, the fees and expenses of other experts, including auditors and accountants, other reasonable and necessary costs associated with such suspension and any portion of the Project Costs that were not recovered from such Participant as a result of such suspension.

Appears in 3 contracts

Samples: Renewable Energy Power Purchase Agreement, Renewable Energy Power Purchase Agreement, Power Purchase Agreement

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Suspension by NCPA. If performance of all or any portion of this Agreement is suspended by NCPA with respect to a Participant in accordance with Section 10.4.1(i13.4.1(i), such Participant shall pay any and all costs and obligations incurred by NCPA as a result of such suspension, suspension including reasonable attorneysʹ attorney fees, the fees and expenses of other experts, including auditors and accountants, other reasonable and necessary costs associated with such suspension and any portion of the Project MPP Costs that were not recovered from such Participant as a result of such suspension.

Appears in 1 contract

Samples: Market Purchase Program Agreement

Suspension by NCPA. If performance of all or any portion of this Agreement is suspended by NCPA with respect to a Participant in accordance with Section 10.4.1(i9.4.1(i), such Participant shall pay any and all costs and obligations incurred by NCPA as a result of such suspension, suspension including reasonable attorneysʹ attorney fees, the fees and expenses of other experts, including auditors and accountants, other reasonable and necessary costs associated with such suspension and any portion of the Project GPP Costs that were not recovered from such Participant as a result of such suspension.

Appears in 1 contract

Samples: Natural Gas Program Agreement

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Suspension by NCPA. If performance of all or any portion of this Agreement is suspended by NCPA with respect to a Participant Signatory Member in accordance with Section 10.4.1(i), 12.4.1(i) such Participant Signatory Member shall pay any and all costs and obligations Costs incurred by NCPA as a result of such suspension, suspension including reasonable attorneysʹ attorney fees, the fees and expenses of other experts, including auditors and accountants, other reasonable and necessary costs associated with such suspension and any portion of the Project Costs that were not recovered from such Participant Signatory Member as a result of such suspension.

Appears in 1 contract

Samples: Support Services Program Agreement

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