NEPOOL Requirements. This Agreement is subject to all NEPOOL Rules, and each Party shall perform its obligations hereunder in accordance with NEPOOL Rules.
NEPOOL Requirements. This Agreement is subject to all NEPOOL Rules. If, during the term of any Transaction, a NEPOOL Rule is terminated, modified or amended in a manner that would eliminate or materially alter a material right or obligation of a Party hereunder, the Parties agree to negotiate in good faith in an attempt to amend this Agreement to embody the Parties’ original intent and economic effect. The intent of the Parties is that any such amendment reflect, as closely as possible, the intent, substance and effect of the NEPOOL Rule being replaced, modified or amended as such NEPOOL Rule was in effect prior to such termination, modification or amendment, provided that there shall be no obligation to alter: (i) the obligations of the Parties pursuant to Article 4 or 5 of this Agreement, or (ii) the Contract Rate.
NEPOOL Requirements. This Agreement must comply with all NEPOOL Criteria, Rules, and Standard Operating Procedures ("Rules"). If, during the term of this Agreement, the NEPOOL Agreement is terminated or amended in a manner that would eliminate or materially alter a Rule affecting a right or obligation of a party hereunder, or if such a Rule is eliminated or materially altered by NEPOOL, the parties agree to negotiate in good faith in an attempt to amend this Agreement to incorporate a replacement Rule ("Replacement Rule"). The intent of the parties is that any such Replacement Rule reflect, as closely as possible, the intent and substance of the Rule being replaced as such Rule was in effect prior to such termination or amendment of the NEPOOL Agreement or elimination or alteration of the Rule. If the parties are unable to reach agreement on such an amendment, the parties agree to submit the matter to arbitration under the terms of Appendix C, attached and incorporated herein by reference, and to seek a resolution of the matter consistent with the above stated intent.
NEPOOL Requirements. 17 ARTICLE 14. INTERPRETATION, DISPUTE RESOLUTION....................................... 18 14.1 Interpretation............................................................. 18 14.2 Dispute Resolution......................................................... 18 ARTICLE 15. SEVERABILITY............................................................. 18 ARTICLE 16. MODIFICATIONS............................................................ 18 ARTICLE 17. SUPERSESSION............................................................. 19 ARTICLE 18. COUNTERPARTS............................................................. 19 ARTICLE 19. HEADINGS................................................................. 19 Appendix A. Standard Offer Fuel Adjustment Provision................................. A-l Appendix B. Estimation of Supplier Hourly Loads...................................... X-x Appendix C. Arbitration Agreement.................................................... X-x SECOND AMENDED AND RESTATED WHOLESALE STANDARD OFFER SERVICE AGREEMENT This SECOND AMENDED AND RESTATED WHOLESALE STANDARD OFFER SERVICE AGREEMENT ("Agreement") is dated as of September 1, 1998 and is by and among MASSACHUSETTS ELECTRIC COMPANY, a Massachusetts corporation, NANTUCKET ELECTRIC COMPANY, a Massachusetts corporation (these two parties being referred to collectively as "MECO"), and USGen New England, Inc., a Delaware corporation ("Seller"), and amends and restates and supersedes in its entirety the Amended and Restated Wholesale Standard Offer Service Agreement dated as of October 29, 1997 between MECO and Seller. This Agreement provides for the purchase by MECO and the sale by Seller of Wholesale Standard Offer Service, as defined in this Agreement.
NEPOOL Requirements. 13 ARTICLE 15. INTERPRETATION.............................................. 13 ARTICLE 16. SEVERABILITY................................................ 14 ARTICLE 17. MODIFICATIONS............................................... 14 ARTICLE 18. SUPERSESSION................................................ 14 ARTICLE 19. COUNTERPARTS................................................ 14 ARTICLE 20. HEADINGS.................................................... 14 WHOLESALE SALES AGREEMENT ------------------------- This WHOLESALE SALES AGREEMENT ("Agreement") is dated as of August 5, 1997 and is by and between NEW ENGLAND POWER COMPANY ("NEP"), a Massachusetts corporation, and USGen Acquisition Corporation, a Delaware corporation ("Buyer"). This Agreement provides for the purchase by Buyer and the sale by NEP of Wholesale Nuclear Entitlement as defined in this Agreement.
NEPOOL Requirements. This Agreement must comply with all NEPOOL Criteria, Rules, and Standard Operating Procedures ("Rules"). If, during the term of this Agreement, the NEPOOL Agreement is terminated or amended in a manner that would eliminate or materially alter a Rule affecting a right or obligation of a party hereunder, or if such a Rule is eliminated or materially altered by NEPOOL, the parties agree to negotiate in good faith in an attempt to amend this Agreement to incorporate a replacement Rule ("Replacement Rule"). The intent of the parties is that any such Replacement Rule reflect, as closely as possible, the intent and substance of the Rule being replaced as such Rule was in effect prior to such termination or amendment of the NEPOOL Agreement or elimination or alteration of the Rule.
NEPOOL Requirements. Implementation and performance of the Parties' obligations under this Exhibit B must comply with all NEPOOL Market Rules and Operating Procedures and FERC rules and regulations (collectively "Rules"). If, during the term of this Agreement, (i) the NEPOOL Agreement is terminated or amended in a manner that would eliminate or materially alter a Rule affecting a right or obligation of a Party hereunder, (ii) a Rule is eliminated or materially altered by NEPOOL, ISO-NE, an RTO or other regulatory or administrative entity having jurisdiction over or responsibility for the Rule or Rules, or (iii) FERC implements new market rules including, without limitation, rules issued pursuant to its Standard Market Design rulemaking in FERC Docket No. RM01-12-000, the Parties agree to negotiate in good faith in an attempt to amend this Exhibit B to incorporate a Replacement Rule ("Replacement Rule"). The intent of the Parties is that any such Replacement Rule reflect, as closely as possible, the intent of this Exhibit B and the intent and substance of the Rule being replaced as such Rule was in effect prior to such termination or amendment of the NEPOOL Agreement or elimination, alteration, or addition of a Rule. If the Parties are unable to reach agreement on such an amendment, the Parties agree to submit the matter to arbitration under the terms of Article 11 of this Agreement.
