Time Period for PUC Approval. If the Commission issues an Unfavorable PUC Order or if a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a written agreement ("PUC Approval Time Period"), then Company or Seller may, by written notice delivered within one hundred and eighty (180) Days of (i) in the case that an Unfavorable PUC Order has been issued, the date the Unfavorable PUC Order becomes non-appealable or (ii) in the case that a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or the expiration of the PUC Approval Time Period, as applicable, declare this Agreement null and void. If a PUC Approval Order or an Unfavorable PUC Order is issued within the PUC Approval Time Period but that order is appealed, and a Non-appealable PUC Approval Order is not obtained within twenty-four (24) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a subsequent written agreement (the "PUC Order Appeal Period"), then Company or Seller may, by written notice delivered within ninety (90) Days after the expiration of the PUC Order Appeal Period, declare this Agreement null and void.
Appears in 22 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Time Period for PUC Approval. If the Commission issues an Unfavorable PUC Order or if a the satisfactory PUC Approval Order is not issued obtained within twelve (12) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a written agreement ("PUC Approval Time Period"), then Company or Seller may, by written notice delivered within one hundred and eighty (180) Days of (i) in the case that an Unfavorable PUC Order has been issued, the date the Unfavorable PUC Order becomes non-appealable or (ii) in the case that a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or the expiration of the PUC Approval Time Period, as applicable, declare this Agreement null and void. If a In the event the PUC Approval Order or an Unfavorable PUC Order is issued obtained within the PUC Approval Time Period but that order Order is appealed, and a Non-appealable PUC Approval Order is not obtained within twenty-four (24) months of the PUC Submittal DateApproval Time Period, or within such longer period as Company and Seller may agree to by a subsequent written agreement (the "PUC Order Appeal Period")agreement, then Company or Seller may, by written notice delivered within ninety (90) Days after of the expiration of the PUC Order Appeal Approval Time Period, declare this Agreement null and void.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Time Period for PUC Approval. If the Commission issues an Unfavorable PUC Order or if a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or within such longer period as Company and Seller Subscriber Organization may agree to by a written agreement ("PUC Approval Time Period"), then Company or Seller Subscriber Organization may, by written notice delivered within one hundred and eighty (180) Days of (i) in the case that an Unfavorable PUC Order has been issued, the date the Unfavorable PUC Order becomes non-appealable or (ii) in the case that a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or the expiration of the PUC Approval Time Period, as applicable, declare this Agreement null and void. If a PUC Approval Order or an Unfavorable PUC Order is issued within the PUC Approval Time Period but that order is appealed, and a Non-appealable PUC Approval Order is not obtained within twenty-four (24) months of the PUC Submittal Date, or within such longer period as Company and Seller Subscriber Organization may agree to by a subsequent written agreement (the "PUC Order Appeal Period"), then Company or Seller Subscriber Organization may, by written notice delivered within ninety (90) Days after the expiration of the PUC Order Appeal Period, declare this Agreement null and void.
Appears in 1 contract
Samples: Power Purchase Agreement
Time Period for PUC Approval. If the Commission issues an Unfavorable PUC Order or if a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a written agreement ("PUC Approval Time Period"), then Company or Seller may, by written notice delivered within one hundred and eighty (180) Days of (i) in the case that an Unfavorable PUC Order has been issued, the date the Unfavorable PUC Order becomes non-appealable or (ii) in the case that a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or the expiration of the PUC Approval Time Period, as applicable, declare this Agreement null and void. If a PUC Approval Order or an Unfavorable PUC Order is issued within the PUC Approval Time Period but that order is appealed, and a Non-appealable PUC Approval Order is not obtained within twenty-four (24) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a subsequent written agreement (the "PUC Order Appeal Period"), then Company or Seller may, by written notice delivered within ninety (90) Days after the expiration of the PUC Order Appeal Period, declare this Agreement null and void.
Appears in 1 contract
Samples: Power Purchase Agreement
Time Period for PUC Approval. If the Commission issues an Unfavorable PUC Order or if a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a written agreement ("“PUC Approval Time Period"”), then Company or Seller may, by written notice delivered within one hundred and eighty (180) Days of (ia) in the case that an Unfavorable PUC Order has been issued, the date the Unfavorable PUC Order becomes non-appealable or (iib), or (b) in the case that a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or the expiration of the PUC Approval Time Period, as applicable, declare this Agreement null and void. If a PUC Approval Order or an Unfavorable PUC Order is issued within the PUC Approval Time Period but that order is appealed, and a Non-appealable Appealable PUC Approval Order is not obtained within twenty-four (24) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a subsequent written agreement (the "“PUC Order Appeal Period"”), then Company or Seller may, by written notice delivered within ninety (90) Days after the expiration of the PUC Order Appeal Period, declare this Agreement null and void.void.
Appears in 1 contract
Time Period for PUC Approval. If the Commission issues an Unfavorable PUC Order or if a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a written agreement ("“PUC Approval Time Period"”), then Company or Seller may, by written notice delivered within one hundred and eighty (180) Days of (ia) in the case that an Unfavorable PUC Order has been issued, the date the Unfavorable PUC Order becomes non-appealable appealable, or (iib) in the case that a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or the expiration of the PUC Approval Time Period, as applicable, declare this Agreement null and void. If a PUC Approval Order or an Unfavorable PUC Order is issued within the PUC Approval Time Period but that order is appealed, and a Non-appealable Appealable PUC Approval Order is not obtained within twenty-four (24) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a subsequent written agreement (the "“PUC Order Appeal Period"”), then Company or Seller may, by written notice delivered within ninety (90) Days after the expiration of the PUC Order Appeal Period, declare this Agreement null and void.
Appears in 1 contract
Time Period for PUC Approval. If the Commission PUC issues an Unfavorable PUC Order or if a satisfactory PUC Approval Order is not issued obtained within twelve (12) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a written agreement ("the “PUC Approval Time Application Period"”), then Company or Seller may, by written notice delivered within one hundred and eighty (180) Days of (i) in the case that an Unfavorable PUC Order has been issued, the date the Unfavorable PUC Order becomes non-appealable or (ii) in the case that a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or the expiration of the PUC Approval Time Application Period, as applicable, declare this Agreement null and void. If a In the event the PUC Approval Order is obtained on or an Unfavorable PUC Order is issued within before the end of the PUC Application Period, but such PUC Approval Time Period but that order Order is appealed, and a Non-appealable PUC Approval Order is not obtained within twenty-four eighteen (2418) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a subsequent written agreement (the "PUC Order Appeal Period")agreement, then Company or Seller may, by written notice delivered within ninety one hundred eighty (90180) Days after the expiration of the PUC Order Appeal Periodend of such 18-month period, declare this Agreement null and void. If the Agreement is declared null and void as provided herein, the Parties hereto shall thereafter be free of all obligations hereunder, except as set forth in Section 2.2(D) (Obligations of the Parties Upon Declaration of the Agreement As Null and Void) and shall pursue no further remedies against one another.
Appears in 1 contract
Samples: Power Purchase Agreement
Time Period for PUC Approval. If the Commission PUC issues an Unfavorable PUC Order or if a satisfactory PUC Approval Order is not issued obtained within twelve (12) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a written agreement ("the “PUC Approval Time Application Period"”), then Company or Seller may, by written notice delivered within one hundred and eighty (180) Days of (i) in the case that an Unfavorable PUC Order has been issued, the date the Unfavorable PUC Order becomes non-appealable or (ii) in the case that a PUC Approval Order is not issued within twelve (12) months of the PUC Submittal Date, or the expiration of the PUC Approval Time Application Period, as applicable, declare this Agreement null and void. If a In the event the PUC Approval Order is obtained on or an Unfavorable PUC Order is issued within before the end of the PUC Application Period, but such PUC Approval Time Period but that order Order is appealed, and a Non-appealable PUC Approval Order is not obtained within twenty-four eighteen (2418) months of the PUC Submittal Date, or within such longer period as Company and Seller may agree to by a subsequent written agreement (the "PUC Order Appeal Period")agreement, then Company or Seller may, by written notice delivered within ninety one hundred eighty (90180) Days after the expiration of the PUC Order Appeal Periodend of such 18-month period, declare this Agreement null and void. If the Agreement is declared null and void as provided herein, the Parties shall thereafter be free of all obligations hereunder, except as set forth in Section 2.2(D) (Obligations of the Parties Upon Declaration of the Agreement As Null and Void) and shall pursue no further remedies against one another.
Appears in 1 contract
Samples: Power Purchase Agreement (Hawaiian Electric Co Inc)