Common use of Appointment Processes Clause in Contracts

Appointment Processes. (a) Unless otherwise agreed in writing by the Parties, each Appointee appointed pursuant to this Agreement shall (i) have sufficient financial or operational experience with electric energy plants similar to the Project, (ii) be an individual who is an employee of one of the Parties or one of their respective Affiliates, and (iii) serve in accordance with the applicable terms and provisions of this Agreement and the Avista-NorthWestern 3&4 Agreement. (b) Avista shall appoint the individual and alternates who shall be entitled to instruct NorthWestern regarding voting of the Shared Vote with respect to any Remediation Proposal under this Agreement (the “Avista Appointee”). NorthWestern shall appoint the individual and alternates who shall be entitled to use the Shared Vote with respect to any Operator Replacement Proposal or Other Proposal under this Agreement (the “NorthWestern Appointee”). (c) Notice of any appointment made pursuant to this Section 2.1 shall be delivered in writing to the other Parties not later than one Business Day prior to the effective date of such appointment. Nothing in this Section 2.1 is intended to limit the Parties’ ability to agree in writing to alter the selection process for any Appointee. The Notice of appointment shall contain contact information for the Appointee, including a physical mailing address, electronic mail address, and telephone number.

Appointment Processes. (a) Unless otherwise agreed in writing by the Parties, each Appointee appointed pursuant to this Agreement shall (i) have sufficient financial or operational experience with electric energy plants similar to the Project, (ii) be an individual who is an employee of one of the Parties or one of their respective Affiliates, and (iii) serve in accordance with the applicable terms and provisions of this Agreement and the Avista-PSE NorthWestern 3&4 Agreement. (b) Avista PSE shall appoint the individual and alternates who shall be entitled to instruct NorthWestern regarding voting of the Shared Vote with respect to any Remediation Proposal under this Agreement (the “Avista PSE Appointee”). NorthWestern shall appoint the individual and alternates who shall be entitled to use the Shared Vote with respect to any Operator Replacement Proposal or Other Proposal under this Agreement (the “NorthWestern Appointee”). (c) Notice of any appointment made pursuant to this Section 2.1 shall be delivered in writing to the other Parties Party not later than one Business Day prior to the effective date of such appointment. Nothing in this Section 2.1 is intended to limit the Parties’ ability to agree in writing to alter the selection process for any Appointee. The Notice of appointment shall contain contact information for the Appointee, including a physical mailing address, electronic mail address, and telephone number.