Common use of Generator Reporting Clause in Contracts

Generator Reporting. ‌ Except to the extent required by applicable Law or any change in applicable accounting or reporting principles, Generator covenants and agrees that it will not, and it will cause its Affiliates to not, in any applicable filing, return, ruling request, representation, allegation, notice or report with or to any Governmental Body or court that contains, or otherwise presents in accounting or financial records, reports or statements, or tax or information returns, characterizations of the transactions (or elements thereof) contemplated by the various Project Documents, report in a manner that is based on a determination that the sale of Coal Inventory by Generator under the Pre-Closing Coal Inventory Purchase Agreement and the sales of Coal by Generator under the Coal Feedstock Purchase Agreement are not sales, or that the purchases of Refined Coal and Resold Coal by Generator under this Agreement are not purchases. Generator has no obligation to change any current or future reporting that is consistent with the foregoing sentence. Notwithstanding any provision of this Agreement or any other Project Document to the contrary, Producer’s sole and exclusive remedy under this Agreement or any other Project Document for any failure by Generator to comply with this Section 5.8 is an immediate right to terminate the Project Documents; provided, for purposes of clarification and not limitation, that Producer shall not be entitled to seek indemnification under this Agreement or any other Project Document for any Claim caused by or resulting or arising from or in connection with any such failure to comply.

Generator Reporting. ‌ Except to the extent required by applicable Law or any change in applicable accounting or reporting principles, Generator covenants and agrees that it will not, and it will cause its Affiliates to not, in any applicable filing, return, ruling request, representation, allegation, notice or report with or to any Governmental Body or court that contains, or otherwise presents in accounting or financial records, reports or statements, or tax or information returns, characterizations of the transactions (or elements thereof) contemplated by the various Project Documents, report in a manner that is based on a determination that the sale of Coal Inventory by Generator under the Pre-Closing Coal Inventory Purchase Agreement and the sales of Coal by Generator under the Coal Feedstock Purchase Agreement are not sales, or that the purchases of Refined Coal and Resold Coal by Generator under this Agreement are not purchases. Generator has no obligation to change any current or future reporting that is consistent with the foregoing sentence. Notwithstanding any provision of this Agreement or any other Project Document to the contrary, Producer’s sole and exclusive remedy under this Agreement or any other Project Document for any failure by Generator to comply with this Section 5.8 is an immediate right to terminate the Project Documents; provided, for purposes of clarification and not limitation, that Producer shall not be entitled to seek indemnification under this Agreement or any other Project Document for any Claim caused by or resulting or arising from or in connection with any such failure to comply.