Change Event Resolution Sample Clauses
Change Event Resolution. When a Party learns of a Change Event and seeks to proceed under this Change Event Resolution clause, that Party must notify the other Party of the event/change. Additionally, if Generator Owner initiates a Change Event, Generator Owner must also: (1) provide to the Interconnection Provider notification of the Change Event, and (2) provide to Southern Companies any relevant updated information as requested by Southern Companies (such as revised Interconnection Request milestone dates, Generating Facility design or equipment changes, changes to Transmission Owner Upgrades, etc.). Following notification of a Change Event, the Parties will meet to determine how to proceed. Southern Companies, at its discretion, may suspend work on the Upgrade Project, pending resolution under this Change Event Resolution clause, or may continue performance, reserving all rights under this Agreement, at law, or in equity. In addition, Southern Companies, with Generation Owner approval (such approval to not be unreasonably withheld, conditioned or delayed), may require a new Affected System Study to be performed, and upon study conclusion Generator Owner and Southern Companies will execute a written document reflecting any change (e.g., in scope, cost, milestone date). Generator Owner will be responsible for Southern Companies’ costs to perform such new Affected System Study. If the Change Event is one that Generator Owner can cure or resolve and Southern Companies agrees (such agreement shall not be unreasonably withheld), Generator Owner, at its option and expense, may address the Change Event to Southern Companies’ satisfaction and Southern Companies will then resume performance. Otherwise, following any necessary study or analysis, Generator Owner and Southern Companies will execute a written amendment reflecting any material change (e.g., in scope) resulting from the Change Event. At Southern Companies’ option, the Upgrade Project may remain suspended until the Parties execute an amendment and Generator Owner fulfills any agreed obligation, including providing additional security, if applicable. If the Parties cannot address the Change Event to their mutual satisfaction within a reasonable period of time, either Party may terminate this Agreement pursuant to Section 3.3.1.A (iv) (Termination Due to Change Event).
Change Event Resolution. In the case of a Change Event, the Parties must proceed pursuant to this Section 2.7.C (Change Event Resolution), Section 3.6 (Dispute Resolution), or Section 4.5 (Termination). When a Party learns of a Change Event and seeks to proceed under this Change Event Resolution clause, that Party must notify the other of the event/change and, if applicable, provide information about the event/change. If a Change Event occurs before Notice to Proceed, either Party may suspend this QFIA by written notice to the other, pending resolution under this Change Event Resolution clause. If a Change Event occurs after Notice to Proceed, GPC, at its discretion, may stop any on-going work, pending resolution under this Change Event Resolution clause, or may continue performance, reserving all rights under this QFIA, at law, or in equity. Subject to the preceding, if the Change Event is one described in Facility Design Modification before COD (Section 1.5.D) or Facility Change after COD (Section 1.6.C), Generator, if applicable, must request and pay for a new study (or studies) and the Parties will amend Exhibit A upon study conclusion. If the Change Event is one that Generator can cure or resolve, and GPC agrees, Generator, at its option and expense, may address the Change Event to GPC’s satisfaction and GPC will then resume performance. Otherwise, if Generator wishes to proceed following the Change Event, and GPC agrees, GPC will conduct any necessary study or analysis and the Parties will amend this QFIA to reflect any change (e.g., in scope, costs, milestone date, or facility design or operation) resulting from the Change Event. At anytime before COD, and at GPC’s option, any on-going work may remain suspended until the Parties sign an appropriate Amendment and Generator fulfills any Amendment obligation, including providing payment or financial security, if applicable. If the Parties cannot address the Change Event to their mutual satisfaction within a reasonable period of time, either Party may give notice of QFIA termination in accordance with Section 4.5 (Termination).
Change Event Resolution. In the case of a Change Event, the Parties must proceed pursuant to this Section
