INDEPENDENT EVALUATOR’S OBSERVATIONS OF NEGOTIATIONS Sample Clauses

INDEPENDENT EVALUATOR’S OBSERVATIONS OF NEGOTIATIONS. BETWEEN ERP AND PG&E Xxxxxx observed several negotiation sessions between PG&E's and Xxxxxxxxx Power’s staffs over the course of several weeks. Xxxxxx was also able to review several draft versions of term sheets and agreements in order to identify specific proposals and counterproposals the parties made regarding terms in the course of discussion, as well as supporting documents. Based on this review, Xxxxxx did not identify any situations where PG&E provided ERP with concessions in contract terms that Xxxxxx considered to be materially unfair to ratepayers. Xxxxxx believes that information provided to Xxxxxxxxx Power has generally been made available to other competing counterparties that are renewable QF generators actively seeking contract amendments. Xxxxxx’x opinion is that ERP was not unfairly advantaged (to the detriment of ratepayers or competing facilities) by PG&E providing unique confidential information that has not been provided to others. Xxxxxx believes that in the course of the summer of 2011, PG&E stood open to pursue discussions with other contracted renewable QFs with issues similar to ERP, with the qualification that Xxxxxx is not directly involved in all contacts the utility has with all owners of renewable QFs. The executed ERP amendment provides ratepayers with several specific protections not provided in the existing QF contracts. The QF contract as amended shifts certain risks towards ERP from ratepayers that the project does not bear in the existing contract. Xxxxxx believes that the ERP contract amendment falls somewhat short of the ratepayer protections provided by modern short-term RPS contracts that PG&E has entered, though there are provisions in the amendment that significantly mitigate concerns about these variances. Xxxxxx does not believe that, given the situation where a 1980’s-era QF agreement is amended for a short portion of the remaining term, rather than a fully new long-term RPS contract being executed, these variances create a serious level of concern about the fairness to ratepayers of the amendment, especially given the new protections given to ratepayers compared to the unamended contract. These issues are discussed in detail in the confidential appendix to this report. Xxxxxx’x review of the ERP contract amendment suggests that in most respects it does not provide the project with terms and conditions that are materially more advantageous to the sellers than could have been the case had the parties used a sho...
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INDEPENDENT EVALUATOR’S OBSERVATIONS OF NEGOTIATIONS. BETWEEN XXXXXX XX AND PG&E Xxxxxx was not able to directly observe any negotiation sessions between PG&E's and enXco' staffs as they discussed the contract terms for Xxxxxx XX. The PG&E team reports that most of the negotiations took place via e-mail or through telephonic discussions initiated spontaneously by enXco (rather than through pre-scheduled conference calls). PG&E invited Xxxxxx to observe one pre-scheduled telephone discussion late in the negotiation, but the IE was unable to attend due to very limited advance notice. The PG&E team routinely provided draft versions of the Xxxxxx XX contract to the IE and copied Xxxxxx on the e-mail correspondence between the parties, which made it possible to identify specific proposals and counterproposals the two parties made regarding contract terms in the course of discussion. The PG&E team also provided a few briefings to update Xxxxxx on the negotiations through regularly scheduled conference calls about RPS-related activities. Based on this review, Xxxxxx did not identify any situations where PG&E provided Xxxxxx XX with concessions in contract terms that the IE considered to be materially unfair to ratepayers or to other counterparties. Xxxxxx’x inability to directly observe negotiations between the parties (other than through post-hoc document review) makes it difficult for Xxxxxx to assess the extent to which the utility might have unfairly advantaged Xxxxxx XX against competing projects.24 Xxxxxx has no information that directly suggests that these negotiations were conducted in a manner unfair to ratepayers or competing developers.
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INDEPENDENT EVALUATOR’S OBSERVATIONS OF NEGOTIATIONS. BETWEEN SHILOH III AND PG&E Xxxxxx observed several negotiation sessions between PG&E's and enXco’s staffs as they developed the detailed terms and conditions of the Shiloh III contract. Xxxxxx was also able to review several draft versions of term sheets or contracts in order to identify specific proposals and counterproposals the two parties previously made in the course of discussion. enXco requested numerous concessions from PG&E in these discussions, many of which were rejected.
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INDEPENDENT EVALUATOR’S OBSERVATIONS OF NEGOTIATIONS. BETWEEN CMS2 AND PG&E Xxxxxx observed several negotiation sessions between PG&E's and Sempra Generation’s staffs as they developed the detailed terms and conditions of the CMS2 contract. Xxxxxx was also able to review several draft versions of contracts in order to identify specific proposals and counterproposals the two parties previously made in the course of discussion. Xxxxxx did not observe any situations in which the utility provided information that advantaged CMS2 unfairly compared to its competitors. There were situations in which the CMS2 team requested concessions from PG&E that the utility has not previously granted to other parties; in nearly all cases PG&E did not grant these requests. Overall, the negotiations were balanced in the sense that both parties accommodated reasonable requests of the other; the CMS2 team provided numerous concessions to PG&E upon request.
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INDEPENDENT EVALUATOR’S OBSERVATIONS OF NEGOTIATIONS. BETWEEN SGS-1 AND PG& E Xxxxxx observed two negotiation sessions between PG&E's and Sempra Generation’s staffs as they developed the detailed terms and conditions of the SGS-1 contract. Xxxxxx was also able to review several draft versions of contracts in order to identify specific proposals and counterproposals the two parties previously made in the course of discussion.
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Related to INDEPENDENT EVALUATOR’S OBSERVATIONS OF NEGOTIATIONS

  • Scope of Negotiations ‌ The District and SEIU/FPSU agree to negotiate those items as prescribed by law.

  • CONCLUSION OF NEGOTIATIONS A. The State and MSEA-SEIU agree that this Agreement concludes all collective negotiations during its term. Neither party will during the term of this Agreement seek to unilaterally modify its terms through legislation or other means which may be available to them.

  • DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS REQUIREMENTS/ STATEMENTS OF WORK Firms and/or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or solicitation documents contained herein are excluded from competing for this solicitation. This shall not be applicable to firms and/or individuals providing responses to a publicly posted Request for Information (RFI) associated with a solicitation.

  • PROFESSIONAL NEGOTIATIONS A. Not later than March 1 of the calendar year in which this Agreement expires, the Association and the District will begin negotiations for a successor Agreement. Any Agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by the District and the Association.

  • Completion of Negotiations 14.1 This Agreement represents complete collective bargaining and full agreement by the District and the Federation with respect to wages, hours of employment, and all other terms and conditions of employment which shall prevail during the term or terms hereof. This Agreement expresses the entire understanding between the parties and supersedes all previous agreements between them, written or oral. Any matter or subject not herein covered has been satisfactorily adjusted, compromised, or waived by the parties for the life of this Agreement.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • WAIVER OF NEGOTIATIONS The Board and Union acknowledge that during negotiations resulting in this Agreement, each party had the right and opportunity to make demands and proposals with respect to any matter and that this Agreement was arrived at by the parties after the exercise of that right and opportunity. The Board and the Union shall voluntarily waive, during the life of this Agreement said rights and each agrees that the other shall not be obligated to negotiate with respect to any subject or matter irrespective of whether such matters or subject is specifically referred to or covered in this agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time negotiations were being conducted or at the time the party signed this Agreement.

  • Annual Negotiations Negotiations will be conducted each year according to the ground rules as mutually agreed upon prior to negotiations. Ground Rules (see APPENDIX F - GROUND RULES) used at the previous year's sessions will serve as the basis for discussing any changes before adopting ground rules for the current negotiating sessions. Such ground rules mutually agreed upon shall assist in the orderly process for negotiations.

  • Response/Compliance with Audit or Inspection Findings A. Grantee must act to ensure its and its Subcontractors’ compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the services and Deliverables provided. Any such correction will be at Grantee’s or its Subcontractor's sole expense. Whether Xxxxxxx's action corrects the noncompliance shall be solely the decision of the System Agency.

  • Notification of Modifications of Licensed Materials From time to time Publisher may add, change, or modify portions of the Licensed Materials, or migrate the Licensed Materials to other formats. When such changes, modifications, or migrations occur, the Licensor shall give notice of any such changes to Licensee as soon as is practicable, but in no event less than sixty (60) days in advance of modification. Such a notice may also be given directly by the Publisher to the Licensee. If any of the changes, modifications, or migrations renders the Licensed Materials substantially less useful to the Licensee, the Participating Institutions or their Authorized Users, the Licensee may seek to terminate this Agreement for breach pursuant to the termination provisions of this Agreement in Section XI, below.

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