BPA Delivery of Dispute Notice. If BPA receives notice as provided in section 9.2.1, BPA will promptly deliver such notice (or, if BPA is the Party initiating the dispute, BPA will deliver its written notice) to all Non-Settling Entities that are purchasers of BPA power at adjustable wholesale power rates and to all Parties (such Non-Settling Entities and Parties (including BPA) collectively, the “Notice Recipients,” and such notice, a “Dispute Notice”). In addition to the information required by section 9.2.1, BPA will include with the notice a notification that any Notice Recipient that intends to contest the arbitrability of the matter(s) identified in the Dispute Notice must respond within 30 days of receiving the Dispute Notice indicating its intent to contest arbitrability in accordance with section 9.3.2 or 9.4.1, as applicable, and that failure of any Notice Recipient to respond indicating its intent to contest the arbitrability of the matter(s) within 30 days of receiving a Dispute Notice will, for purposes of this Settlement Agreement, constitute a binding admission by such Notice Recipient that the matter(s) identified in the Dispute Notice are subject to binding arbitration under this Settlement Agreement. Notwithstanding section 13.1.1, Dispute Notices, and any statements following or responses to Dispute Notices required or permitted by other provisions of this section 9, must be delivered electronically.
