Common use of Reference Indices Clause in Contracts

Reference Indices. Except as otherwise provided in section 1.2(j)(iii) of this EPA and section 2 of Appendix C, if any rating, index, tariff or price quotation referred to in this EPA ceases to be published, or if the basis therefor is changed materially, there will be substituted an available replacement index, tariff or price quotation that most nearly, of those then publicly available, approximates the intent and purpose of the index, tariff or quotation that has so ceased or changed. This EPA will be amended as necessary to accommodate such replacement index, tariff or price quotation, all as determined by written agreement between the Parties, or failing agreement, by arbitration under section 8.5.

Appears in 2 contracts

Samples: Electricity Purchase Agreement, Electricity Purchase Agreement

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Reference Indices. Except as otherwise provided in section 1.2(j)(iii) of this EPA and section 2 of Appendix C, if If any rating, index, tariff or price quotation referred to in this EPA ceases to be published, or if the basis therefor is changed materially, there will be substituted an available replacement index, tariff or price quotation that most nearly, of those then publicly available, approximates the intent and purpose of the index, tariff or quotation that has so ceased or changed. This EPA will be amended as necessary to accommodate such replacement index, tariff or price quotation, all as determined by written agreement between the Parties, or failing agreement, by arbitration under section 8.5Section 12.1 of this EPA.

Appears in 1 contract

Samples: Electricity Purchase Agreement

Reference Indices. Except as otherwise provided in section 1.2(j)(iii) of this EPA and section 2 of Appendix CEPA, if any rating, index, tariff or price quotation referred to in this EPA ceases to be published, or if the basis therefor is changed materially, there will be substituted an available replacement index, tariff or price quotation that most nearly, of those then publicly available, approximates the intent and purpose of the index, tariff or quotation that has so ceased or changed. This EPA will be amended as necessary to accommodate such replacement index, tariff or price quotation, all as determined by written agreement between the Parties, or failing agreement, by arbitration under section 8.5Buyer.

Appears in 1 contract

Samples: Electricity Purchase Agreement

Reference Indices. Except as otherwise provided in section 1.2(j)(iii) of this EPA and section 2 of Appendix CEPA, if any rating, index, tariff or price quotation referred to in this EPA ceases to be published, or if the basis therefor is changed materially, there will be substituted an available replacement index, tariff or price quotation that most nearly, of those then publicly available, approximates the intent and purpose of the index, tariff or quotation that has so ceased or changed. This EPA will be amended as necessary to accommodate such replacement index, tariff or price quotation, all as determined by written agreement between the Parties, or failing agreement, by arbitration under section 8.5.Buyer.‌

Appears in 1 contract

Samples: Electricity Purchase Agreement

Reference Indices. Except as otherwise provided in section 1.2(j)(iii) of this EPA and section 2 of Appendix C, if any rating, index, tariff or price quotation referred to in this EPA ceases to be published, or if the basis therefor is changed materially, there will be substituted an available replacement index, tariff or price quotation that most nearly, of of‌ those then publicly available, approximates the intent and purpose of the index, tariff or quotation that has so ceased or changed. This EPA will be amended as necessary to accommodate such replacement index, tariff or price quotation, all as determined by written agreement between the Parties, or failing agreement, by arbitration under section 8.5.

Appears in 1 contract

Samples: Electricity Purchase Agreement

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Reference Indices. Except as otherwise provided in section 1.2(j)(iii) of this EPA and section 2 of Appendix C, if If any rating, index, tariff or price quotation referred to in this EPA ceases to be published, or if the basis therefor is changed materially, there will be substituted an available replacement index, tariff or price quotation that most nearly, of those then publicly available, approximates the intent and purpose of the index, tariff or quotation that has so ceased or changed. This EPA will shall be amended as necessary to accommodate such replacement index, tariff or price quotation, all as determined by written agreement between the Parties, or failing agreement, by arbitration under section 8.5.

Appears in 1 contract

Samples: Form Electricity Purchase Agreement

Reference Indices. Except as otherwise provided in section 1.2(j)(iii) of this EPA and section 2 of Appendix C, if If any rating, index, tariff or price quotation referred to in this EPA ceases to be published, or if the basis therefor is changed materially, there will be substituted an available replacement index, tariff or price quotation that most nearly, of those then publicly available, approximates the intent and purpose of the index, tariff or quotation that has so ceased or changed. This EPA will be amended as necessary to accommodate such replacement index, tariff or price quotation, all as determined by written agreement between the Parties, or failing agreement, by arbitration under section 8.5.Section 12.1 of this EPA.‌

Appears in 1 contract

Samples: Electricity Purchase Agreement

Reference Indices. Except as otherwise provided in section 1.2(j)(iii) of this EPA and section 2 of Appendix C3, if any rating, index, tariff or price quotation referred to in this EPA ceases to be published, or if the basis therefor is changed materially, there will shall be substituted an available replacement index, tariff or price quotation that most nearly, of those then publicly available, approximates the intent and purpose of the index, tariff or price quotation that has so ceased or changed. This EPA will shall be amended as necessary to accommodate such replacement index, tariff or price quotation, all as determined by written agreement between the Parties, or failing agreement, by arbitration under section 8.522.6.

Appears in 1 contract

Samples: Electricity Purchase Agreement (Mercer International Inc.)

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