Common use of Market Value Determination Clause in Contracts

Market Value Determination. To ascertain the Market Value as contemplated in Section 4.3.1, the Non-Defaulting Party may consider information either available to it internally or supplied by one or more third parties, including, among other things, settlement prices of applicable NYMEX power futures contracts, quotations (either firm or indicative) from leading dealers in energy swap contracts and other bona fide third party offers, all adjusted for the length of the remaining Transaction Term and differences in transmission costs and volume. An adjustment will also be made, if appropriate for comparison purposes, such that the price contained in any applicable replacement contract, replacement transaction or other applicable determination reflects the applicable load factors attributable to the Facilities. It is expressly agreed that a Party will not be required to enter into any replacement transaction in order to determine an Early Termination Payment.

Market Value Determination. To ascertain the Market Value as contemplated in Section 4.3.1, the Non-Defaulting Party may consider information either available to it internally or supplied by one or more third parties, includingconsider, among other things, settlement prices of applicable NYMEX power futures contracts, quotations (either firm or indicative) from leading dealers in energy swap contracts and other bona fide third party offers, all adjusted for the length of the remaining Transaction Term and differences in transmission costs and volume. An adjustment will also be made, if appropriate for comparison purposes, such that the price contained in any applicable replacement contract, replacement transaction or other applicable determination reflects the applicable load factors attributable to the Facilities. It is expressly agreed that a Party will not be required to enter into any replacement transaction in order to determine an Early Termination Payment.

Market Value Determination. To ascertain the Market Value market value as contemplated in Section 4.3.13.3.1 above (the “Market Value”), the Non-Defaulting Party may consider information either available to it internally or supplied by one or more third parties, includingconsider, among other things, settlement prices of applicable NYMEX New York Mercantile Exchange power futures contracts, quotations (either firm or indicative) from leading dealers in energy swap contracts and other bona fide third party offersoffers (including any rate available for a return to Utility services), all adjusted for the length of the remaining Transaction Contract Term and differences in transmission costs and volume. An adjustment will shall also be made, if appropriate for comparison purposes, such that the price contained in any applicable replacement contract, replacement transaction or other applicable determination reflects the applicable load factors attributable to the Facilities. It is expressly agreed that a Party will not be required to enter into any replacement transaction in order to determine an Early Termination PaymentCancellation Amount.