Common use of Failure to Agree Clause in Contracts

Failure to Agree. If the Parties cannot agree on the extent of any delay incurred or relief from the Development Entity’s obligations under this PPA, or the Department disagrees that a Relief Event has occurred (or as to its consequences), or that the Development Entity is entitled to relief under this Article 12 (Supervening Events), the Parties shall resolve the matter in accordance with the Dispute Resolution Procedures.

Failure to Agree. If the Parties cannot agree on the extent of any compensation, delay incurred or incurred, relief from the Development Entity’s obligations under this PPA, or the Department disagrees that a Relief Compensation Event has occurred (or as to its consequences), or that the Development Entity is entitled to relief under this Article 12 (Supervening Events), the Parties shall resolve the matter in accordance with the Dispute Resolution Procedures.