Common use of Resolution by the Parties Clause in Contracts

Resolution by the Parties. 12.2.1. If the Dispute relates to the accuracy of Utility’s calculation of any payment required to be made under this Agreement (a “Calculation Dispute”), then Generator must provide written notice of the Dispute to Utility within ten (10) Business Days of Generator’s receipt of Utility’s calculation of the payment pursuant to Section 2.2., which notice must state the nature of Generator’s disagreement with Utility’s calculation and include all documentation upon which Generator bases its disagreement. Within ten (10) Business Days of Utility’s receipt of a written notice claiming a Calculation Dispute, Utility shall either: (a) notify Generator that Utility agrees the initial calculation was in error and provide a revised calculation of the payment that is the subject of the Calculation Dispute; or (b) provide Generator with the basis of Utility’s determination that the calculation was correct, including all documentation upon which Utility relies. If Generator does not accept Utility’s revised calculation or Utility’s explanation of the original calculation, then, within ten (10) Business Days, executives of both parties shall meet at a mutually agreeable time and place and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute.

Resolution by the Parties. 12.2.1. If the Dispute relates to the accuracy of Utility’s calculation of any payment required to be made under this Agreement (a “Calculation Dispute”), then Generator must provide written notice of the Dispute to Utility within ten (10) Business Days of Generator’s receipt of Utility’s calculation of the payment pursuant to Section 2.2.,, which notice must state the nature of Generator’s disagreement with Utility’s calculation and include all documentation upon which Generator bases its disagreement. Within ten (10) Business Days of Utility’s receipt of a written notice claiming a Calculation Dispute, Utility shall either: (a) notify Generator that Utility agrees the initial calculation was in error and provide a revised calculation of the payment that is the subject of the Calculation Dispute; or (b) provide Generator with the basis of Utility’s determination that the calculation was correct, including all documentation upon which Utility relies. If Generator does not accept Utility’s revised calculation or Utility’s explanation of the original calculation, then, within ten (10) Business Days, executives of both parties shall meet at a mutually agreeable time and place and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute.