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 Inter-related Disagreements) of this Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator): 30 Days as measured from the issuance of the Submission Notice; or such other time period as the Parties may agree in writing. Unless otherwise agreed by the Parties in writing: (i) for an AF Disagreement, the written decision of the Independent AF Evaluator shall set forth the Availability Factor for the applicable LD Period; (ii) for a MPR Disagreement, the written decision of the Independent AF Evaluator shall set forth the Measured Performance Ratio for the applicable LD Period; and (iii) for a GPR Benchmark Disagreement, the written decision shall: (aa) confirm that the GPR Benchmark derived by the Company was reasonably derived and state that such percentage constitutes the GPR Benchmark; or (bb) confirm the Company's conclusion that it is unable to reasonably derive a GPR Benchmark and state that 0.9 is the GPR Benchmark; or (cc) disagree with the 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 percentage constitutes the GPR Benchmark.