Obligation to Modify. Upon implementation by the Massachusetts Department of Public Utilities, DOER, or other Governmental Authority of any rule or regulation that may affect any provision of this Agreement, in particular (i) any rule or regulation regarding Net Metering, or (ii) any order, rule or regulation issued by the DOER pursuant to M.G.L. c. 25A, §11C or 225 C.M.R. § 10.08(8) requesting a modification to the EMS Agreement, the Parties shall be obligated to amend this Agreement to conform to such rule(s), order(s) and/or regulation(s) to the extent that such amendments are Commercially Reasonable. The Parties shall use their best efforts to conform such amendment to the original intent of this Agreement and to do so in a timely fashion.
Obligation to Modify. Upon: (a) implementation, after the Effective Date, by the Massachusetts Department of Public Utilities, the DOER, the Distribution Company, or any other Governmental Authority of any Applicable Legal Requirement that may affect any provision of this Agreement (including the allocation of economic benefits anticipated by either Party) including, but not limited to: (i) Net Metering, (ii) the SMART Program, (iii) the Clean Peak Standard, 225 C.M.R. §21.00 et. seq., (iv) ConnectedSolutions, an energy efficiency program offered in accordance with M.G.L. c. 25A, §21, which uses batteries to reduce peak energy use, (v) benefits, incentives, or tax credits that may be available pursuant to An Act Driving Clean Energy and Offshore Wind, St. 2022, c. 179, (vi) benefits, incentives, or tax credits that may be available pursuant to the Inflation Reduction Act of 2022, P.L. 117-169; or (b) a requirement or condition of any grant funding assigned to or secured by either Party intended to assist with the performance of its obligations under this Agreement, the Parties shall be obligated to amend this Agreement to conform to the Applicable Legal Requirement to the extent that such amendment is Commercially Reasonable, and shall use their best efforts to conform such amendment, including allocation of economic benefits, to the original intent of this Agreement, and to do so in a timely fashion.
Obligation to Modify. Consultant understands and agrees that the Compact may submit this Agreement to the Massachusetts Department of Revenue (XXXXX) for its review and comment. Consultant agrees that it is obligated to modify this Agreement to conform to any guidance received from XXXXX to the extent that such modifications are commercially reasonable. The Parties shall use their best efforts to conform such modifications to the original intent of this Agreement and to do so in a timely fashion.
Obligation to Modify. Upon implementation by a governmental authority of any law, rule or regulation that may affect any provision of this PILOT Agreement or the ability of North Country Growers to develop, finance, construct or operate any or portion of the Facility, the parties shall be obligated to amend this PILOT Agreement to conform to such law(s), rule(s), order(s) and/or regulation(s) to the extent that such amendments are commercially reasonable. The parties shall use their best efforts to conform such amendment to the original intent of this PILOT Agreement and to do so in a timely fashion.
Obligation to Modify. Upon implementation by the Massachusetts Department of Public Utilities, DOER, or other Governmental Authority of any rule or regulation that may affect any provision of this Agreement, in particular any rule or regulation regarding Net Metering, or any rule or regulation amending 225 CMR 14.00 (Renewable Energy Portfolio Standard) or 225 CMR 20.00 (Solar Massachusetts Renewable Target (SMART) Program), the Parties shall be obligated to amend this Agreement to conform to such rule(s), order(s) and/or regulation(s) to the extent that such amendments are Commercially Reasonable. The Parties shall use their best efforts to conform such amendment to the original intent of this Agreement and to do so in a timely fashion.
