Common use of Written Decision of Independent AF Evaluator Clause in Contracts

Written Decision of Independent AF Evaluator. The terms of engagement with the Independent AF Evaluator shall require the Independent AF Evaluator to issue its written decision resolving the disputed issues submitted to it within the applicable time period set forth below, which time periods are subject to any tolling that may be applicable pursuant to Section 2(i) (Sequence to Resolving Interrelated Disagreements) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator): (a) 30 Days as measured from the issuance of the Submission Notice; or (b) such other time period as the Parties may agree in writing. Unless otherwise agreed by the Parties in writing: for a Performance Metric Disagreement concerning the PV System Equivalent Availability Factor, the written decision of the Independent AF Evaluator shall set forth (aa) for the calendar month in question, the correct values for AH, EPDH, EUDH and PH to be used in calculations under Section 2.5 (PV System Equivalent Availability Factor; Liquidated Damages; Termination Damages) of this Agreement as determined by such Independent AF Evaluator if any such values were in dispute and (bb) for the LD Period ending with the calendar month in question, the PV System Equivalent Availability Factor for such LD Period as determined by such Independent AF Evaluator if such PV System Equivalent Availability Factor was in dispute; for a Performance Metric Disagreement concerning the MPR, the written decision of the Independent AF Evaluator shall set forth (aa) the correct data points from the operational data set for the calendar month in question to be used in the calculation of MPR under Section 2.6(a) (Calculation of Measured Performance Ratio) for the MPR Assessment Periods that include such calendar month if any such data points were in dispute, (bb) if a MPR Test was conducted during the month in question, the correct data points from such MPR Test to be used in the calculation of MPR under Section 2.6(a) (Calculation of Measured Performance Ratio) of this Agreement for the MPR Assessment Periods that include the month preceding the month covered by the Monthly Report in question if any such data points were in dispute and (cc) for the MPR Assessment Period ending with the calendar month in question, the Measured Performance Ratio if such Measured Performance Ratio was in dispute; for a Performance Metric Disagreement concerning the XXXX Capacity Ratio or the RTE Ratio, the written decision of the Independent AF Evaluator shall set forth the XXXX Capacity Ratio and/or the RTE Ratio for the XXXX Measurement Period ending with the calendar month in question; for a Performance Metric Disagreement concerning the XXXX Annual Equivalent Forced Outage Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct values for FOH and EUDH under Attachment Y (XXXX Annual Equivalent Forced Outage Factor) for the calendar month in question if any such values were in dispute and (bb) the XXXX Annual Equivalent Forced Outage Factor for the XXXX Measurement Period ending with the calendar month in question if such XXXX Annual Equivalent Forced Outage Factor was in dispute.

Written Decision of Independent AF Evaluator. The terms of engagement with the Independent AF Evaluator shall require the Independent AF Evaluator to issue its written decision resolving the disputed issues submitted to it within the applicable time period set forth below, which time periods are subject to any tolling that may be applicable pursuant to Section 2(i4(e) (Sequence to Resolving Interrelated Disagreements) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator): (a) 30 Days as measured from the issuance of the Submission Notice; or (b) such other time period as the Parties may agree in writing. Unless otherwise agreed by the Parties in writing: for a MPC Disagreement, the written decision of the Independent AF Evaluator shall set forth the Measured Power Curve for the WTG in question; for a Performance Metric Disagreement concerning the PV System Equivalent Modified Pooled OMC Equipment Availability Factor, the written decision of the Independent AF Evaluator shall set forth (aa) for the calendar month in question, the correct values for AH, EPDH, EUDH and PH to be equation used in calculations under Section 2.5 1 (PV System Equivalent Modified Pooled OMC Equipment Availability Factor; Liquidated Damages; Termination Damages) of Attachment Q (Calculation of Certain Metrics) of this Agreement as determined by such Independent AF Evaluator if any such values were in dispute and (bb) for the LD Period ending with the calendar month in question, the PV System Equivalent Modified Pooled OMC Equipment Availability Factor for such LD Period as determined by such Independent AF Evaluator if such PV System Equivalent Modified Pooled OMC Equipment Availability Factor was in dispute; for a Performance Metric Disagreement concerning the MPRPerformance Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct data points from values of the operational data set for the calendar month in question equation to be used in the calculation of MPR under Section 2.6(a2 (Performance Index) of Attachment Q (Calculation of Measured Performance RatioCertain Metrics) for the MPR Assessment Periods that include such calendar month if any such data points values were in dispute, (bbdispute,(bb) if a MPR PI Test was conducted during the month in question, the correct data points from such MPR PI Test to be used in the calculation of MPR PI under Section 2.6(a) (Calculation of Measured Performance RatioIndex) of this Agreement for the MPR PI Assessment Periods that include the month preceding the month covered by the Monthly Report in question if any such data points were in dispute dispute, and (cc) for the MPR PI Assessment Period ending with the calendar month in question, the Measured Performance Ratio Index if such Measured Performance Ratio Index was in dispute; for a Performance Metric Disagreement concerning the XXXX Capacity Ratio or the RTE Ratio, the written decision of the Independent AF Evaluator shall set forth the XXXX Capacity Ratio and/or the RTE Ratio (as applicable) for the XXXX Measurement Period ending with the calendar month in question; for a Performance Metric Disagreement concerning the XXXX Annual Equivalent Forced Outage Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct values for FOH and EUDH under Attachment Y (XXXX Annual Equivalent Forced Outage Factor) for the calendar month in question if any such values were in dispute and (bb) the XXXX Annual Equivalent Forced Outage Factor for the XXXX Measurement Period ending with the calendar month in question if such XXXX Annual Equivalent Forced Outage Factor was in dispute; and for a BOP Benchmark Disagreement, the written decision shall: (aa) confirm that the BOP Benchmark derived by the Company was reasonably derived and state that such percentage constitutes the BOP Benchmark; or (bb) confirm the Company's conclusion that it is unable to reasonably derive a BOP Benchmark and state that 97% is the BOP Benchmark; or (cc) disagree with the Company's conclusion that it is unable to reasonably derive a BOP Benchmark, state the percentage that is the best-supported BOP Benchmark, and state that such percentage constitutes the BOP Benchmark.

Written Decision of Independent AF Evaluator. The terms of engagement with the Independent AF Evaluator shall require the Independent AF Evaluator to issue its written decision resolving the disputed issues submitted to it within the applicable time period set forth below, which time periods are subject to any tolling that may be applicable pursuant to Section 2(i) (Sequence to Resolving Interrelated Disagreements) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator): (a) 30 Days as measured from the issuance of the Submission Notice; or (b) such other time period as the Parties may agree in writing. Unless otherwise agreed by the Parties in writing: for a Performance Metric Disagreement concerning the PV System Equivalent Availability Factor, the written decision of the Independent AF Evaluator shall set forth (aa) for the calendar month in question, the correct values for AH, EPDH, EUDH and PH to be used in calculations under Section 2.5 (PV System Equivalent Availability Factor; Liquidated Damages; Termination Damages) of this Agreement as determined by such Independent AF Evaluator if any such values were in dispute and (bb) for the LD Period ending with the calendar month in question, the PV System Equivalent Availability Factor for such LD Period as determined by such Independent AF Evaluator if such PV System Equivalent Availability Factor was in dispute; for a Performance Metric Disagreement concerning the MPR, the written decision of the Independent AF Evaluator shall set forth (aa) the correct data points from the operational data set for the calendar month in question to be used in the calculation of MPR under Section 2.6(a) (Calculation of Measured Performance Ratio) for the MPR Assessment Periods that include such calendar month if any such data points were in dispute, (bb) if a MPR Test was conducted during the month in question, the correct data points from such MPR Test to be used in the calculation of MPR under Section 2.6(a) (Calculation of Measured Performance Ratio) of this Agreement for the MPR Assessment Periods that include the month preceding the month covered by the Monthly Report in question if any such data points were in dispute and (cc) for the MPR Assessment Period ending with the calendar month in question, the Measured Performance Ratio if such Measured Performance Ratio was in dispute; for a Performance Metric Disagreement concerning the XXXX Capacity Ratio or the RTE Ratio, the written decision of the Independent AF Evaluator shall set forth the XXXX Capacity Ratio and/or the RTE Ratio for the XXXX Measurement Period ending with the calendar month in question; for a Performance Metric Disagreement concerning the XXXX Annual Equivalent Forced Outage Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct values for FOH and EUDH under Attachment Y (XXXX Annual Equivalent Forced Outage Factor) for the calendar month in question if any such values were in dispute and (bb) the XXXX Annual Equivalent Forced Outage Factor for the XXXX Measurement Period ending with the calendar month in question if such XXXX Annual Equivalent Forced Outage Factor was in dispute.

Written Decision of Independent AF Evaluator. The terms of engagement with the Independent AF Evaluator shall require the Independent AF Evaluator to issue its written decision resolving the disputed issues submitted to it within the applicable time period set forth below, which time periods are subject to any tolling that may be applicable pursuant to Section 2(i) (Sequence to Resolving Interrelated Inter-related Disagreements) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator): (a) 30 Days as measured from the issuance of the Submission Notice; or (b) such other time period as the Parties may agree in writing. Unless otherwise agreed by the Parties in writing: (i) for a Performance Metric Disagreement concerning the PV System Equivalent Availability Factoran AF Disagreement, the written decision of the Independent AF Evaluator shall set forth (aa) for the calendar month in question, the correct values for AHTotalTime, EPDH, EUDH the correct DownTime and PH to be used in calculations under Section 2.5 (PV System Equivalent Availability Factor; Liquidated Damages; Termination Damages) of this Agreement the correct ExcludedTime as determined by such Independent AF Evaluator if any such values were was in dispute and (bb) for the LD Period ending with the calendar month in question, question the PV System Equivalent Availability Factor for such LD Period as determined by such Independent AF Evaluator if such PV System Equivalent Availability Factor was in dispute; (ii) for a Performance Metric Disagreement concerning the MPR, the written decision of the Independent AF Evaluator shall set forth (aa) the correct data points from the operational data set for the calendar month in question to be used in the calculation of MPR under Section 2.6(a) (Calculation of Measured Performance Ratio) for the MPR Assessment Periods that include such calendar month if any such data points were in dispute, (bb) if a MPR Test was conducted during the month in question, the correct data points from such MPR Test to be used in the calculation of MPR under Section 2.6(a) (Calculation of Measured Performance Ratio) of this Agreement for the MPR Assessment Periods that include the month preceding the month covered by the Monthly Report in question if any such data points were in dispute and (cc) for the MPR Assessment Period ending with the calendar month in question, the Measured Performance Ratio if such Measured Performance Ratio was in dispute; for a Performance Metric Disagreement concerning the XXXX Capacity Ratio or the RTE RatioDisagreement, the written decision of the Independent AF Evaluator shall set forth the XXXX Capacity Ratio and/or the RTE Measured Performance Ratio for the XXXX Measurement applicable LD Period ending with the calendar month in questionas determined by such Independent AF Evaluator; and (iii) for a Performance Metric Disagreement concerning the XXXX Annual Equivalent Forced Outage FactorGPR Benchmark Disagreement, the written decision of the Independent AF Evaluator shall set forth shall: (aa) confirm that the correct values for FOH GPR Benchmark derived by the Company was reasonably derived and EUDH under Attachment Y (XXXX Annual Equivalent Forced Outage Factor) for state that such percentage constitutes the calendar month in question if any such values were in dispute and GPR Benchmark; or (bb) confirm the XXXX Annual Equivalent Forced Outage Factor for Company's conclusion that it is unable to reasonably derive a GPR Benchmark and state that 0.9 is the XXXX Measurement Period ending GPR Benchmark; or (cc) disagree with the calendar month in question if Company's conclusion that it is unable to reasonably derive a GPR Benchmark, state the percentage that is the best-supported GPR Benchmark, and state that such XXXX Annual Equivalent Forced Outage Factor was in disputepercentage constitutes the GPR Benchmark.

Written Decision of Independent AF Evaluator. The terms of engagement with the Independent AF Evaluator shall require the Independent AF Evaluator to issue its written decision resolving the disputed issues submitted to it within the applicable time period set forth below, which time periods are subject to any tolling that may be applicable pursuant to Section 2(i4(e) (Sequence to Resolving Interrelated Disagreements) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator): (a) 30 Days as measured from the issuance of the Submission Notice; or (b) such other time period as the Parties may agree in writing. Unless otherwise agreed by the Parties in writing: for a MPC Disagreement, the written decision of the Independent AF Evaluator shall set forth the Measured Power Curve for the WTG in question; for a Performance Metric Disagreement concerning the PV System Equivalent Modified Pooled OMC Equipment Availability Factor, the written decision of the Independent AF Evaluator shall set forth (aa) for the calendar month in question, the correct values for AH, EPDH, EUDH and PH to be equation used in calculations under Section 2.5 1 (PV System Equivalent Modified Pooled OMC Equipment Availability Factor; Liquidated Damages; Termination Damages) of Attachment Q (Calculation of Certain Metrics) of this Agreement as determined by such Independent AF Evaluator if any such values were in dispute and (bb) for the LD Period ending with the calendar month in question, the PV System Equivalent Modified Pooled OMC Equipment Availability Factor for such LD Period as determined by such Independent AF Evaluator if such PV System Equivalent Modified Pooled OMC Equipment Availability Factor was in dispute; for a Performance Metric Disagreement concerning the MPRPerformance Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct data points from values of the operational data set for the calendar month in question equation to be used in the calculation of MPR under Section 2.6(a2 (Performance Index) of Attachment Q (Calculation of Measured Performance RatioCertain Metrics) for the MPR Assessment Periods that include such calendar month if any such data points values were in dispute, (bbdispute,(bb) if a MPR PI Test was conducted during the month in question, the correct data points from such MPR PI Test to be used in the calculation of MPR PI under Section 2.6(a) (Calculation of Measured Performance RatioIndex) of this Agreement for the MPR PI Assessment Periods that include the month preceding the month covered by the Monthly Report in question if any such data points were in dispute dispute, and (cc) for the MPR PI Assessment Period ending with the calendar month in question, the Measured Performance Ratio Index if such Measured Performance Ratio Index was in dispute; for a Performance Metric Disagreement concerning the XXXX Capacity Ratio or the RTE Ratio, the written decision of the Independent AF Evaluator shall set forth the XXXX Capacity Ratio and/or the RTE Ratio (as applicable) for the XXXX Measurement Period ending with the calendar month in question; for a Performance Metric Disagreement concerning the XXXX Annual Equivalent Forced Outage Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct values for FOH and EUDH under Attachment Y (XXXX Annual Equivalent Forced Outage Factor) for the calendar month in question if any such values were in dispute and (bb) the XXXX Annual Equivalent Forced Outage Factor for the XXXX Measurement Period ending with the calendar month in question if such XXXX Annual Equivalent Forced Outage Factor was in dispute. for a BOP Benchmark Disagreement, the written decision shall: (aa) confirm that the BOP Benchmark derived by the Company was reasonably derived and state that such percentage constitutes the BOP Benchmark; or (bb) confirm the Company's conclusion that it is unable to reasonably derive a BOP Benchmark and state that 97% is the BOP Benchmark; or (cc) disagree with the Company's conclusion that it is unable to reasonably derive a BOP Benchmark, state the percentage that is the best-supported BOP Benchmark, and state that such percentage constitutes the BOP Benchmark.

Written Decision of Independent AF Evaluator. The terms of engagement with the Independent AF Evaluator shall require the Independent AF Evaluator to issue its written decision resolving the disputed issues submitted to it within the applicable time period set forth below, which time periods are subject to any tolling that may be applicable pursuant to Section 2(i4(e) (Sequence to Resolving Interrelated Disagreements) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator): (a) 30 Days as measured from the issuance of the Submission Notice; or (b) such other time period as the Parties may agree in writing. Unless otherwise agreed by the Parties in writing: for a MPC Disagreement, the written decision of the Independent AF Evaluator shall set forth the Measured Power Curve for the WTG in question; for a Performance Metric Disagreement concerning the PV System Equivalent Modified Pooled OMC Equipment Availability Factor, the written decision of the Independent AF Evaluator shall set forth (aa) for the calendar month in question, the correct values for AH, EPDH, EUDH and PH to be equation used in calculations under Section 2.5 1 (PV System Equivalent Modified Pooled OMC Equipment Availability Factor; Liquidated Damages; Termination Damages) of Attachment Q (Calculation of Certain Metrics) of this Agreement as determined by such Independent AF Evaluator if any such values were in dispute and (bb) for the LD Period ending with the calendar month in question, the PV System Equivalent Modified Pooled OMC Equipment Availability Factor for such LD Period as determined by such Independent AF Evaluator if such PV System Equivalent Modified Pooled OMC Equipment Availability Factor was in dispute; for a Performance Metric Disagreement concerning the MPRPerformance Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct data points from values of the operational data set for the calendar month in question equation to be used in the calculation of MPR under Section 2.6(a2 (Performance Index) of Attachment Q (Calculation of Measured Performance RatioCertain Metrics) for the MPR Assessment Periods that include such calendar month if any such data points values were in dispute, (bbdispute,(bb) if a MPR PI Test was conducted during the month in question, the correct data points from such MPR PI Test to be used in the calculation of MPR PI under Section 2.6(a) (Calculation of Measured Performance RatioIndex) of this Agreement for the MPR PI Assessment Periods that include the month preceding the month covered by the Monthly Report in question if any such data points were in dispute dispute, and (cc) for the MPR PI Assessment Period ending with the calendar month in question, the Measured Performance Ratio Index if such Measured Performance Ratio Index was in dispute; for a Performance Metric Disagreement concerning the XXXX Capacity Ratio or the RTE Ratio, the written decision of the Independent AF Evaluator shall set forth the XXXX Capacity Ratio and/or the RTE Ratio for the XXXX Measurement Period ending with the calendar month in question; for a Performance Metric Disagreement concerning the XXXX Annual Equivalent Forced Outage Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct values for FOH and EUDH under Attachment Y (XXXX Annual Equivalent Forced Outage Factor) for the calendar month in question if any such values were in dispute and (bb) the XXXX Annual Equivalent Forced Outage Factor for the XXXX Measurement Period ending with the calendar month in question if such XXXX Annual Equivalent Forced Outage Factor was in dispute. for a BOP Benchmark Disagreement, the written decision shall: (aa) confirm that the BOP Benchmark derived by the Company was reasonably derived and state that such percentage constitutes the BOP Benchmark; or (bb) confirm the Company's conclusion that it is unable to reasonably derive a BOP Benchmark and state that 97% is the BOP Benchmark; or (cc) disagree with the Company's conclusion that it is unable to reasonably derive a BOP Benchmark, state the percentage that is the best-supported BOP Benchmark, and state that such percentage constitutes the BOP Benchmark.

Written Decision of Independent AF Evaluator. The terms of engagement with the Independent AF Evaluator shall require the Independent AF Evaluator to issue its written decision resolving the disputed issues submitted to it within the applicable time period set forth below, which time periods are subject to any tolling that may be applicable pursuant to Section 2(i) (Sequence to Resolving Interrelated Disagreements) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator): (a) 30 Days as measured from the issuance of the Submission Notice; or (b) such other time period as the Parties may agree in writing. Unless otherwise agreed by the Parties in writing: for a Performance Metric Disagreement concerning the PV System Equivalent Availability Factor, the written decision of the Independent AF Evaluator shall set forth (aa) for the calendar month in question, the correct values for AH, EPDH, EUDH and PH to be used in calculations under Section 2.5 (PV System Equivalent Availability Factor; Liquidated Damages; Termination Damages) of this Agreement as determined by such Independent AF Evaluator if any such values were in dispute and (bb) for the LD Period ending with the calendar month in question, the PV System Equivalent Availability Factor for such LD Period as determined by such Independent AF Evaluator if such PV System Equivalent Availability Factor was in dispute; for a Performance Metric Disagreement concerning the MPR, the written decision of the Independent AF Evaluator shall set forth (aa) the correct data points from the operational data set for the calendar month in question to be used in the calculation of MPR under Section 2.6(a) (Calculation of Measured Performance Ratio) for the MPR Assessment Periods that include such calendar month if any such data points were in dispute, (bb) if a MPR Test was conducted during the month in question, the correct data points from such MPR Test to be used in the calculation of MPR under Section 2.6(a) (Calculation of Measured Performance Ratio) of this Agreement for the MPR Assessment Periods that include the month preceding the month covered by the Monthly Report in question if any such data points were in dispute and (cc) for the MPR Assessment Period ending with the calendar month in question, the Measured Performance Ratio if such Measured Performance Ratio was in dispute; for a Performance Metric Disagreement concerning the XXXX Capacity Ratio or the RTE Ratio, the written decision of the Independent AF Evaluator shall set forth the XXXX Capacity Ratio and/or the RTE Ratio for the XXXX Measurement Period ending with the calendar month in question; for a Performance Metric Disagreement concerning the XXXX Annual Equivalent Forced Outage Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct values for FOH and EUDH under Attachment Y (XXXX Annual Equivalent Forced Outage Factor) for the calendar month in question if any such values were in dispute and (bb) the XXXX Annual Equivalent Forced Outage Factor for the XXXX Measurement Period ending with the calendar month in question if such XXXX Annual Equivalent Forced Outage Factor was in dispute. for a Performance Metric Disagreement concerning the Fast Frequency Response Performance Metric, the written decision of the Independent AF Evaluator shall set forth _ [DRAFTING NOTE: TO BE DEVELOPED IF PPA SECTION 2.12 (FAST FREQUENCY RESPONSE PERFORMANCE METRIC) IS RETAINED.]

Written Decision of Independent AF Evaluator. The terms of engagement with the Independent AF Evaluator shall require the Independent AF Evaluator to issue its written decision resolving the disputed issues submitted to it within the applicable time period set forth below, which time periods are subject to any tolling that may be applicable pursuant to Section 2(i4(e) (Sequence to Resolving Interrelated Disagreements) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator): (a) 30 Days as measured from the issuance of the Submission Notice; or (b) such other time period as the Parties may agree in writing. Unless otherwise agreed by the Parties in writing: for a MPC Disagreement, the written decision of the Independent AF Evaluator shall set forth the Measured Power Curve for the WTG in question; for a Performance Metric Disagreement concerning the PV System Equivalent Modified Pooled OMC Equipment Availability Factor, the written decision of the Independent AF Evaluator shall set forth (aa) for the calendar month in question, the correct values for AH, EPDH, EUDH and PH to be equation used in calculations under Section 2.5 1 (PV System Equivalent Modified Pooled OMC Equipment Availability Factor; Liquidated Damages; Termination Damages) of Attachment Q (Calculation of Certain Metrics) of this Agreement as determined by such Independent AF Evaluator if any such values were in dispute and (bb) for the LD Period ending with the calendar month in question, the PV System Equivalent Modified Pooled OMC Equipment Availability Factor for such LD Period as determined by such Independent AF Evaluator if such PV System Equivalent Modified Pooled OMC Equipment Availability Factor was in dispute; for a Performance Metric Disagreement concerning the MPRPerformance Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct data points from values of the operational data set for the calendar month in question equation to be used in the calculation of MPR under Section 2.6(a2 (Performance Index) of Attachment Q (Calculation of Measured Performance RatioCertain Metrics) for the MPR Assessment Periods that include such calendar month if any such data points values were in dispute, (bbdispute,(bb) if a MPR PI Test was conducted during the month in question, the correct data points from such MPR PI Test to be used in the calculation of MPR PI under Section 2.6(a) (Calculation of Measured Performance RatioIndex) of this Agreement for the MPR PI Assessment Periods that include the month preceding the month covered by the Monthly Report in question if any such data points were in dispute dispute, and (cc) for the MPR PI Assessment Period ending with the calendar month in question, the Measured Performance Ratio Index if such Measured Performance Ratio Index was in dispute; for a Performance Metric Disagreement concerning the XXXX Capacity Ratio or the RTE Ratio, the written decision of the Independent AF Evaluator shall set forth the XXXX Capacity Ratio and/or the RTE Ratio (as applicable) for the XXXX Measurement Period ending with the calendar month in question; for a Performance Metric Disagreement concerning the XXXX Annual Equivalent Forced Outage Factor, the written decision of the Independent AF Evaluator shall set forth (aa) the correct values for FOH and EUDH under Attachment Y (XXXX Annual Equivalent Forced Outage Factor) for the calendar month in question if any such values were in dispute and (bb) the XXXX Annual Equivalent Forced Outage Factor for the XXXX Measurement Period ending with the calendar month in question if such XXXX Annual Equivalent Forced Outage Factor was in dispute. for a BOP Benchmark Disagreement, the written decision shall: (aa) confirm that the BOP Benchmark derived by the Company was reasonably derived and state that such percentage constitutes the BOP Benchmark; or (bb) confirm the Company's conclusion that it is unable to reasonably derive a BOP Benchmark and state that 97% is the BOP Benchmark; or (cc) disagree with the Company's conclusion that it is unable to reasonably derive a BOP Benchmark, state the percentage that is the best-supported BOP Benchmark, and state that such percentage constitutes the BOP Benchmark. for a Performance Metric Disagreement concerning the Fast Frequency Response Performance Metric, the written decision of the Independent AF Evaluator shall set forth _ [DRAFTING NOTE: TO BE DEVELOPED IF PPA SECTION 2.12 (FAST FREQUENCY RESPONSE PERFORMANCE METRIC) IS RETAINED.]