Common use of Applicable Term Clause in Contracts

Applicable Term. The term applicable to the behavioral commitments set forth in this Section 2 will be ten years from the date of the closing of the merger; provided that, at any time during such term, if NewCo believes that there is an extraordinary change in circumstances that calls into question whether certain of the commitments made by NewCo in Section 2 should still be required, then NewCo will work in good faith with the IMM to develop an appropriate and mutually agreeable amendment to this Settlement. Examples of such changes are elimination of the RPM capacity market or elimination of a single market clearing price energy market structure. Should NewCo and the IMM be unable to agree to such an amendment, NewCo can file with FERC in Docket No. EC11-83-000 requesting authorization to implement changes to this Settlement.