Filing for Approval. Seller shall file the Agreement (a) with the CPUC requesting for CPUC Approval and (b) for Bankruptcy Court Approval. Buyer shall use commercially reasonable efforts to support Seller in obtaining CPUC Approval and Bankruptcy Court Approval. Seller shall have no obligation to seek rehearing or to appeal a CPUC decision which fails to approve the Agreement or which contains findings required for CPUC Approval with conditions or modifications unacceptable to either Party. Notwithstanding anything to the contrary in the Agreement, Seller shall not have any obligation or liability to Buyer or any third party for any action or inaction of the CPUC or other Governmental Authority affecting the approval or status of this Agreement as a transaction eligible for portfolio content category 1, as defined in California Public Utilities Code Section 399.16(b)(1). The Parties acknowledge and agree that the CPUC determines whether this Agreement complies with California Public Utilities Code Section 399.13(b).
Appears in 3 contracts
Sources: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement