Nonappealable definition
Examples of Nonappealable in a sentence
In the event the PUC Approval Order is obtained within the PUC Approval Time Period but that Order is appealed, and a Non-appealable PUC Approval Order is not obtained within PUC Approval Time Period, or within such longer period as Company and Seller may agree to by a subsequent written agreement, Company or Seller may, by written notice delivered within ninety (90) Days of the expiration of the PUC Approval Time Period, declare this Agreement null and void.
Not later than thirty (30) Days after the issuance of a Commission Approval Order, the Companies shall provide Seller with a copy of such Commission Approval Order together with a written statement as to whether the conditions set forth in Section 2.2(A) (Commission Approval Order) and Section 2.2(B) (Non-appealable Commission Approval Order) have been satisfied.
Not later than thirty (30) Days after the issuance of a PUC Approval Order, Company shall provide Supplier with a copy of such PUC Approval Order together with a written statement as to whether the conditions set forth in Section (a) (PUC Approval Order) and Section (b) (Non-appealable PUC Approval Order) have been satisfied.
The Standby Letter of Credit shall be effective from the earlier of (i) thirty (30) days following the date of the issuance of a satisfactory Non-appealable PUC Approval Order, or (ii) the date that the Seller requests the Company to order equipment or commence construction on the Company-owned Interconnection Facilities.
Furthermore, if the Parties conclude a Waiver Agreement, the provisions of the Agreement that would otherwise become effective upon obtaining a satisfactory Final Non-appealable Order from the PUC shall become effective as of the date of the Waiver Agreement (the “Waiver Agreement Date”).
A satisfactory Non-appealable PUC Approval Order shall include authorization for the purchased energy charges to be paid by the Company to the Seller hereunder (and related revenue taxes) to be included in the Company’s Energy Cost Adjustment Clause (or equivalent) for the Term of this Contract.
If neither party notifies the other in writing within ten (10) days after the effective date of such Final and Non-appealable Order, it shall be presumed that the Commission’s approval is satisfactory in form and content for purposes of this section.
However, if the Seller had requested the Company to incur costs associated with the Company-owned Interconnection Facilities prior to receipt of a satisfactory PUC Approval Order, or, if there is an appeal, a Final Non-appealable Order from the PUC, the Seller shall pay the Company the actual costs and cost obligations incurred by the Company as of the date the Agreement is terminated for the Company-owned Interconnection Facilities and any reasonable costs incurred thereafter.
If a Non-appealable PUC Approval of Amendment Order has not been obtained prior to the deadline provided in Section 21.5(B) (Deadline for Obtaining Non-appealable PUC Approval of Amendment Order), either Party may give written notice to the other Party that it does not wish to proceed further with a sale of the Facility to Company.
If the Companies file a motion for reconsideration, the Parties’ respective obligations remain conditioned upon the receipt of the items enumerated in Section 2.2(A) (Commission Approval Order) and Section 2.2(B) (Non-appealable Commission Approval Order).