Common use of PUC Approval Clause in Contracts

PUC Approval. No later than 45 Days after the date of this PPA, Company may apply to the PUC for PUC Approval. If Company fails to apply for PUC Approval within 45 Days following the date of this PPA, Company shall be deemed to have waived its right to obtain PUC Approval and to terminate this PPA under this Section 6.1, and this PPA shall remain in full force and effect thereafter. If Company applies for PUC Approval, Company shall use Commercially Reasonable Efforts to obtain PUC Approval as soon as reasonably practicable, and Seller shall cooperate with such effort If Company applies for PUC Approval, Company shall have the right to terminate this PPA, without any further financial or other obligation to Seller as a result of such termination, by notice to Seller: at any time within 30 Days following issuance of a written order by the PUC rejecting PUC Approval, or granting PUC Approval with conditions unacceptable to Company in its sole discretion; at any time between the 180th and 215th Day following Company’s application for PUC Approval, if prior to the date of such termination the PUC has not issued a written order granting or rejecting PUC Approval at any time within 30 Days following timely request for reconsideration (in whole or in any material part) by any third party with standing, of a written PUC order granting PUC Approval; and/or at any time within 30 Days following timely appeal by any third party with standing, of a written PUC order granting PUC Approval. If Company is eligible but fails to terminate this PPA by the applicable date, Company shall be deemed to have waived its right to terminate this PPA under this Section 6.1(C), and this PPA shall remain in full force and effect thereafter.

PUC Approval. (A) No later than 45 [ ( )] Days after the date of this PPAEffective Date, Company may apply to the PUC for PUC Approval. If Company fails to apply for PUC Approval within 45 Days following the date of this PPA, Company shall be deemed to have waived its right to obtain PUC Approval and to terminate this PPA under this Section 6.1, and this PPA shall remain in full force and effect thereafter. If Company applies for PUC Approval, Company shall use Commercially Reasonable Efforts to obtain PUC Approval as soon as reasonably practicable, and . (B) Seller shall cooperate with such effort Company at Company’s request in connection with Company’s efforts to obtain PUC Approval. (C) If Company applies for PUC Approval, Company shall have the right to terminate this PPA, without any further financial or other obligation to Seller as a result of such termination, by notice to Seller: : 1. at any time within 30 one hundred twenty (120) Days following issuance of a written order by the PUC rejecting PUC Approval, or granting PUC Approval with conditions unacceptable to Company in its sole discretion; ; 2. at any time between the 180th and 215th Day following Company’s application for PUC Approvalprior to [ , 20 ], if prior to the such date of such termination the PUC has not issued a written order granting or rejecting PUC Approval Approval; 3. at any time within 30 one hundred twenty (120) Days following timely request for reconsideration (in whole or in any material part) by any third party with standing, of a written PUC order granting PUC Approval; and/or 4. at any time within 30 one hundred twenty (120) Days following timely appeal by any third party with standing, of a written PUC order granting PUC Approval. If Company is eligible but fails to terminate . (D) For purposes of this PPA, “PUC Approval” means a written order of the PUC making an affirmative determination that all costs incurred under this PPA by are recoverable from Company’s retail customers pursuant to Applicable Law. PUC Approval must be unconditional and subject only to the applicable date, Company shall be deemed to have waived its right to terminate requirement that the PUC retains ongoing prudency review of Company’s performance and administration of this PPA under this Section 6.1(C), and this PPA shall remain in full force and effect thereafterPPA.