Common use of Failure to Adopt Clause in Contracts

Failure to Adopt. If, by the first day of any Contract Year after the first Contract Year, the parties are unable to reach agreement concerning any item or portion of the Annual Budget for such Contract Year, then the amount(s) of such item or portion of the Annual Budget for such Contract Year shall be equal to 105% of the amount for the corresponding item or portion of the Annual Budget for the preceding Contract Year.

Appears in 3 contracts

Sources: Operation and Maintenance Agreement, Operation and Maintenance Agreement, Operation and Maintenance Agreement

Failure to Adopt. If, by the first day of any Contract Year ----------------- after the first Contract Year, the parties are unable to reach agreement concerning any item or portion of the Annual Budget for such Contract Year, then the amount(s) of such item or portion of the Annual Budget for such Contract Year shall be equal to one hundred five percent (105% %) of the amount amounts for the corresponding item or portion of the Annual Budget for the preceding Contract Year.

Appears in 1 contract

Sources: Operation and Maintenance Agreement (Dominion Resources Inc /Va/)