PacifiCorp’s Rejection of Offer; Revival of Offer. If PacifiCorp does not accept the offered terms and conditions within thirty (30) days after receiving Seller’s offer, then Seller (or the applicable Affiliate of Seller) may enter into an agreement to sell the Expansion Energy (together with any increased Capacity Rights and Green Tags associated therewith) to a third party at a price greater than or equal to ninety-five percent (95%) of the price offered to PacifiCorp, provided such sale of Expansion Energy may not in any way adversely impact or alter PacifiCorp’s rights or obligations under this Agreement. If Seller (or its Affiliate) wishes to enter into an agreement with a third party at a price that is lower than ninety-five percent (95%) of the price previously offered to PacifiCorp under this Section 7.1.2, then Seller shall first offer (or cause its Affiliate to offer) the lower price to PacifiCorp pursuant to the requirements of this Section 7.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
