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122,the Parties shall direct the Carbon Price Consultant to develop a methodology <br /> meeting criteria mutually acceptable to the Parties that shall permit the Parties to <br /> perform a comparison of the Average Allowance Market Prices and the Forecasted <br /> Carbon Prices by reference to (i) data showing the prices at which Emission <br /> Allowances were purchased and sold in the regulated carbon market established in <br /> the United States under federal legislation enacting a Cap-and-Trade System, and <br /> (ii) such other information that the Carbon Price Consultant determines is <br /> customary and reasonable in the carbon consulting industry. The Carbon Price <br /> Consultant shall document the Parties' agreement on the Emission Allowance Price <br /> Methodology. Any Dispute concerning the Emission Allowance Price <br /> Methodology shall be submitted to Dispute Resolution in accordance with Article <br /> XI of this Agreement. <br /> b. Flare and Conversion Payment Adjustments. Beginning in 2015 and continuing <br /> through the remaining Term of the Agreement, in any month in which a <br /> Cap-and-Trade System has been enacted under federal legislation in the United <br /> States, the University shall apply the Emission Allowance Price Methodology to <br /> compare the Average Allowance Market Prices and the Forecasted Carbon Prices <br /> for the applicable month of the Agreement. <br /> c. If there is a positive or negative difference between the Average Allowance Market <br /> Price of an Emissions Allowance for the given month and the Forecasted Carbon <br /> Price for such month, the following adjustment to the Flare Percentage for such <br /> month shall be made: The Flare Percentage shall be increased or decreased by <br /> 0.357% for each whole dollar (rounded down to the nearest whole dollar) that the <br /> 36 <br /> {00018638.DOC 21-24) <br />