Common use of Changes Rendering the Agreement Incapable of Performance Clause in Contracts

Changes Rendering the Agreement Incapable of Performance. (a) If a Change in ISO Tariff renders this Power Purchase Agreement or any terms herein incapable of being performed or administered, or results, or could reasonably be forecasted to result, in an ISO Change Cost Payment as defined herein for any Facility Term Year, then either Party, on Notice, may request the other Party to enter into negotiations to make the minimum changes to this Power Purchase Agreement necessary to make this Power Purchase Agreement capable of being performed and administered or to minimize ISO Change Cost Payments, while attempting to preserve to the maximum extent possible the benefits, burdens and obligations set forth in this Power Purchase Agreement as of the Master Agreement Effective Date.

Appears in 7 contracts

Samples: Generating Facility Power Purchase and Sale Agreement, Generating Facility Power Purchase and Sale Agreement, Generating Facility Power Purchase and Sale Agreement

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