Common use of Additional Conditions Regarding Network Facilities Clause in Contracts

Additional Conditions Regarding Network Facilities. To the extent that the Interconnection Customer utilizes the Option to Build for design, procurement, construction and/or installation of (a) any Transmission Owner Interconnection Facilities that are Direct Connection Network Upgrades to Transmission System facilities that are in existence or under construction by or on behalf of the Interconnected Transmission Owner on the date that the Interconnection Customer solicits bids under Section 3.2.3.7 below, or (b) Transmission Owner Interconnection Facilities that are Transmission Owner Attachment Facilities and Direct Connection Network Upgrades that are to be located on land or in right-of-way owned or controlled by the Interconnected Transmission Owner, and in addition to the other terms and conditions applicable to the design, procurement, construction and/or installation of facilities under this Appendix 2, all work shall comply with the following further conditions: (i) All work performed by or on behalf of the Interconnection Customer shall be conducted by contractors, and using equipment manufacturers or vendors, that are listed on the Interconnected Transmission Owner’s List of Approved Contractors; (ii) The Interconnected Transmission Owner shall have full site control of, and reasonable access to, its property at all times for purposes of tagging or operation, maintenance, repair or construction of modifications to, its existing facilities and/or for performing all tie-ins of Interconnection Facilities built by or for the Interconnection Customer; and for acceptance testing of any equipment that will be owned and/or operated by the Interconnected Transmission Owner; (iii) The Interconnected Transmission Owner shall have the right to have a reasonable number of appropriate representatives present for all work done on its property/facilities or regarding the Transmission Owner Attachment Facilities and Direct Connection Network Upgrades and the right to stop, or to order corrective measures with respect to, any such work that reasonably could be expected to have an adverse effect on reliability, safety or security of persons or of property of the Interconnected Transmission Owner or any portion of the Transmission System, provided that, unless circumstances do not reasonably permit such consultations, the Interconnected Transmission Owner shall consult with the Interconnection Customer and with Transmission Provider before directing that work be stopped or ordering any corrective measures; (iv) The Interconnection Customer and its contractors, employees and agents shall comply with the Interconnected Transmission Owner’s safety, security and work rules, environmental guidelines and training requirements applicable to the area(s) where construction activity is occurring and shall provide all reasonably required documentation to the Interconnected Transmission Owner, provided that the Interconnected Transmission Owner previously has provided its safety, security and work rules and training requirements applicable to work on its facilities to Transmission Provider and the Interconnection Customer within 20 Business Days after a request therefor made by Interconnection Customer following its receipt of the Facilities Study; (v) The Interconnection Customer shall be responsible for controlling the performance of its contractors, employees and agents; and (vi) All activities performed by or on behalf of the Interconnection Customer pursuant to its exercise of the Option to Build shall be subject to compliance with Applicable Laws and Regulations, including those governing union staffing and bargaining unit obligations, and Applicable Standards.

Additional Conditions Regarding Network Facilities. To the extent that the Interconnection Customer utilizes the Option to Build for design, procurement, construction and/or installation of (a) any Transmission Owner Interconnection Facilities that are Direct Connection Network Upgrades to Transmission System facilities that are in existence or under construction by or on behalf of the Interconnected Transmission Owner on the date that the Interconnection Customer solicits bids under Section 3.2.3.7 below, or (b) Transmission Owner Interconnection Facilities that are Transmission Owner Attachment Facilities and Direct Connection Network Upgrades that are to be located on land or in right-of-of- way owned or controlled by the Interconnected Transmission Owner, and in addition to the other terms and conditions applicable to the design, procurement, construction and/or installation of facilities under this Appendix 2, all work shall comply with the following further conditions: (i) All work performed by or on behalf of the Interconnection Customer shall be conducted by contractors, and using equipment manufacturers or vendors, that are listed on the Interconnected Transmission Owner’s List of Approved Contractors; (ii) The Interconnected Transmission Owner shall have full site control of, and reasonable access to, its property at all times for purposes of tagging or operation, maintenance, repair or construction of modifications to, its existing facilities and/or for performing all tie-ins of Interconnection Facilities built by or for the Interconnection Customer; and for acceptance testing of any equipment that will be owned and/or operated by the Interconnected Transmission Owner; (iii) The Interconnected Transmission Owner shall have the right to have a reasonable number of appropriate representatives present for all work done on its property/facilities or regarding the Transmission Owner Attachment Facilities and Direct Connection Network Upgrades and the right to stop, or to order corrective measures with respect to, any such work that reasonably could be expected to have an adverse effect on reliability, safety or security of persons or of property of the Interconnected Transmission Owner or any portion of the Transmission System, provided that, unless circumstances do not reasonably permit such consultations, the Interconnected Transmission Owner shall consult with the Interconnection Customer and with Transmission Provider before directing that work be stopped or ordering any corrective measures; (iv) The Interconnection Customer and its contractors, employees and agents shall comply with the Interconnected Transmission Owner’s safety, security and work rules, environmental guidelines and training requirements applicable to the area(s) where construction activity is occurring and shall provide all reasonably required documentation to the Interconnected Transmission Owner, provided that the Interconnected Transmission Owner previously has provided its safety, security and work rules and training requirements applicable to work on its facilities to Transmission Provider and the Interconnection Customer within 20 Business Days after a request therefor made by Interconnection Customer following its receipt of the Facilities Study; (v) The Interconnection Customer shall be responsible for controlling the performance of its contractors, employees and agents; and (vi) All activities performed by or on behalf of the Interconnection Customer pursuant to its exercise of the Option to Build shall be subject to compliance with Applicable Laws and Regulations, including those governing union staffing and bargaining unit obligations, and Applicable Standards.

Additional Conditions Regarding Network Facilities. To the extent that the Interconnection Customer utilizes the Option to Build for design, procurement, construction and/or installation of (a) any Merchant Network Upgrades, (b) any Transmission Owner Interconnection Facilities that are Direct Connection Local Upgrades or Network Upgrades to Transmission System facilities that are in existence or under construction by or on behalf of the Interconnected Transmission Owner on the date that the Interconnection Customer solicits bids under Section 3.2.3.7 below, or (bc) Merchant Network Upgrades or Transmission Owner Interconnection Facilities that are Transmission Owner Attachment Facilities and Direct Connection Network Upgrades that are to be located on land or in right-of-way owned or controlled by the Interconnected Transmission Owner, and in addition to the other terms and conditions applicable to the design, procurement, construction and/or installation of facilities under this Appendix 2, all work shall comply with the following further conditions: (i) All work performed by or on behalf of the Interconnection Customer shall be conducted by contractors, and using equipment manufacturers or vendors, that are listed on the Interconnected Transmission Owner’s List of Approved Contractors; (ii) The Interconnected Transmission Owner shall have full site control of, and reasonable access to, its property at all times for purposes of tagging or operation, maintenance, repair or construction of modifications to, its existing facilities and/or for performing all tie-ins of Interconnection Facilities and/or Merchant Network Upgrades built by or for the Interconnection Customer; and for acceptance testing of any equipment that will be owned and/or operated by the Interconnected Transmission Owner; (iii) The Interconnected Transmission Owner shall have the right to have a reasonable number of appropriate representatives present for all work done on its property/facilities or regarding the Transmission Owner Attachment Interconnection Facilities and Direct Connection and/or Merchant Network Upgrades Upgrades, and the right to stop, or to order corrective measures with respect to, any such work that reasonably could be expected to have an adverse effect on reliability, safety or security of persons or of property of the Interconnected Transmission Owner or any portion of the Transmission System, provided that, unless circumstances do not reasonably permit such consultations, the Interconnected Transmission Owner shall consult with the Interconnection Customer and with Transmission Provider before directing that work be stopped or ordering any corrective measures; (iv) The Interconnection Customer and its contractors, employees and agents shall comply with the Interconnected Transmission Owner’s safety, security and work rules, environmental guidelines and training requirements applicable to the area(s) where construction activity is occurring and shall provide all reasonably required documentation to the Interconnected Transmission Owner, provided that the Interconnected Transmission Owner previously has provided its safety, security and work rules and training requirements applicable to work on its facilities to Transmission Provider and the Interconnection Customer within 20 Business Days business days after a request therefor made by Interconnection Customer following its receipt of the Facilities Study; (v) The Interconnection Customer shall be responsible for controlling the performance of its contractors, employees and agents; and (vi) All activities performed by or on behalf of the Interconnection Customer pursuant to its exercise of the Option to Build shall be subject to compliance with Applicable Laws and Regulations, including those governing union staffing and bargaining unit obligations, and Applicable Standards.

Additional Conditions Regarding Network Facilities. To the extent that the Interconnection Customer CustomerDeveloper Party utilizes the Option to Build for design, procurement, construction and/or installation of (a) any Transmission Owner Interconnection Facilities that are Direct Connection Network Upgrades to Transmission System facilities that are Stand Alone Network Upgrades in existence or under construction by or on behalf of the Interconnected Transmission Owner on the date that the Interconnection Customer CustomerDeveloper Party solicits bids under Section 3.2.3.7 36.2.3.7 below, or (b) Transmission Owner Interconnection Facilities that are Transmission Owner Attachment Facilities and Direct Connection Network Upgrades that are to Stand Alone Network Upgrades to be located on land or in right-of-way owned or controlled by the Interconnected Transmission Owner, and in addition to the other terms and conditions applicable to the design, procurement, construction and/or installation of facilities under this Appendix 2Xxxxxxxx 0XXX, all work shall comply with the following further conditions: (i) All work performed by or on behalf of the Interconnection Customer CustomerDeveloper Party shall be conducted by contractors, and using equipment manufacturers or vendors, that are listed on the Interconnected Transmission Owner’s List of Approved Contractors; (ii) The Interconnected Transmission Owner shall have full site control of, and reasonable access to, its property at all times for purposes of tagging or operation, maintenance, repair or construction of modifications to, its existing facilities and/or for performing all tie-ins of Interconnection Facilities FacilitiesNetwork Upgrades built by or for the Interconnection CustomerCustomerDeveloper Party; and for acceptance testing of any equipment that will be owned and/or operated by the Interconnected Transmission Owner; (iii) The Interconnected Transmission Owner shall have the right to have a reasonable number of appropriate representatives present for all work done on its property/facilities or regarding the Transmission Owner Attachment Facilities and Direct Connection ConnectionStand Alone Network Upgrades Upgrades, and the right to stop, or to order corrective measures with respect to, any such work that reasonably could be expected to have an adverse effect on reliability, safety or security of persons or of property of the Interconnected Transmission Owner or any portion of the Transmission System, provided that, unless circumstances do not reasonably permit such consultations, the Interconnected Transmission Owner shall consult with the Interconnection Customer CustomerDeveloper Party and with Transmission Provider before directing that work be stopped or ordering any corrective measures; (iv) The Interconnection Customer CustomerDeveloper Party and its contractors, employees and agents shall comply with the Interconnected Transmission Owner’s safety, security and work rules, environmental guidelines and training requirements applicable to the area(s) where construction activity is occurring and shall provide all reasonably required documentation to the Interconnected Transmission Owner, provided that the Interconnected Transmission Owner previously has provided its safety, security and work rules and training requirements applicable to work on its facilities to Transmission Provider and the Interconnection Customer CustomerDeveloper Party within 20 Business Days Daysbusiness days after a request therefor therefortherefore made by Interconnection Customer CustomerDeveloper Party following its receipt of the Facilities Study; (v) The Interconnection Customer CustomerDeveloper Party shall be responsible for controlling the performance of its contractors, employees and agents; and (vi) All activities performed by or on behalf of the Interconnection Customer CustomerDeveloper Party pursuant to its exercise of the Option to Build shall be subject to compliance with Applicable Laws and Regulations, including those governing union staffing and bargaining unit obligations, and Applicable Standards.

Additional Conditions Regarding Network Facilities. To the extent that the Interconnection New Service Customer utilizes the Option to Build for design, procurement, construction and/or installation of (a) any Transmission Owner Interconnection Facilities that are Direct Connection Merchant Network Upgrades, (b) Local Upgrades or Network Upgrades to Transmission System facilities that are in existence or under construction by or on behalf of the Interconnected Transmission Owner on the date that the Interconnection New Service Customer solicits bids under Section 3.2.3.7 6.2.7 below, or (bc) Transmission Owner Interconnection Direct Assignment Facilities that are Transmission Owner Attachment Facilities and Direct Connection Network or Customer-Funded Upgrades that are to be located on land or in right-of-way owned or controlled by the Interconnected Transmission Owner, and in addition to the other terms and conditions applicable to the design, procurement, construction and/or installation of facilities under this Appendix 2III, all work shall comply with the following further conditions: (i) All work performed by or on behalf of the Interconnection New Service Customer shall be conducted by contractors, and using equipment manufacturers or vendors, that are listed on the Interconnected Transmission Owner’s List of Approved Contractors; (ii) The Interconnected Transmission Owner shall have full site control of, and reasonable access to, its property at all times for purposes of tagging or operation, maintenance, repair or construction of modifications to, its existing facilities and/or for performing all tie-ins of Interconnection Direct Assignment Facilities or Customer-Funded Upgrades built by or for the Interconnection New Service Customer; and for acceptance testing of any equipment that will be owned and/or operated by the Interconnected Transmission Owner; (iii) The Interconnected Transmission Owner shall have the right to have a reasonable number of appropriate representatives present for all work done on its property/facilities or regarding the Transmission Owner Attachment Direct Assignment Facilities and Direct Connection Network Upgrades or Customer-Funded Upgrades, and the right to stop, or to order corrective measures with respect to, any such work that reasonably could be expected to have an adverse effect on reliability, safety or security of persons or of property of the Interconnected Transmission Owner or any portion of the Transmission System, provided that, unless circumstances do not reasonably permit such consultations, the Interconnected Transmission Owner shall consult with the Interconnection New Service Customer and with Transmission Provider before directing that work be stopped or ordering any corrective measures; (iv) The Interconnection New Service Customer and its contractors, employees and agents shall comply with the Interconnected Transmission Owner’s safety, security and work rules, environmental guidelines and training requirements applicable to the area(s) where construction activity is occurring and shall provide all reasonably required documentation to the Interconnected Transmission Owner, provided that the Interconnected Transmission Owner previously has provided its safety, security and work rules and training requirements applicable to work on its facilities to Transmission Provider and the Interconnection New Service Customer within 20 Business Days business days after a request therefor therefore made by Interconnection New Service Customer following its receipt of the Facilities Study; (v) The Interconnection New Service Customer shall be responsible for controlling the performance of its contractors, employees and agents; and (vi) All activities performed by or on behalf of the Interconnection New Service Customer pursuant to its exercise of the Option to Build shall be subject to compliance with Applicable Laws and Regulations, including those governing union staffing and bargaining unit obligations, and Applicable Standards.

Additional Conditions Regarding Network Facilities. To the extent that the Interconnection New Service Customer utilizes the Option to Build for design, procurement, construction and/or installation of (a) any Transmission Owner Interconnection Facilities that are Merchant Network Upgrades, (b) Direct Connection Network Upgrades to Transmission System facilities that are in existence or under construction by or on behalf of the Interconnected Transmission Owner on the date that the Interconnection New Service Customer solicits bids under Section 3.2.3.7 6.2.7 below, or (bc) Transmission Owner Interconnection Direct Assignment Facilities or Customer-Funded Upgrades that are Transmission Owner Attachment Facilities and Direct Connection Network Upgrades that are to be located on land or in right-of-way owned or controlled by the Interconnected Transmission Owner, and in addition to the other terms and conditions applicable to the design, procurement, construction and/or installation of facilities under this Appendix 2III, all work shall comply with the following further conditions: (i) All work performed by or on behalf of the Interconnection New Service Customer shall be conducted by contractors, and using equipment manufacturers or vendors, that are listed on the Interconnected Transmission Owner’s List of Approved Contractors; (ii) The Interconnected Transmission Owner shall have full site control of, and reasonable access to, its property at all times for purposes of tagging or operation, maintenance, repair or construction of modifications to, its existing facilities and/or for performing all tie-ins of Interconnection Direct Assignment Facilities or Customer-Funded Upgrades built by or for the Interconnection New Service Customer; and for acceptance testing of any equipment that will be owned and/or operated by the Interconnected Transmission Owner; (iii) The Interconnected Transmission Owner shall have the right to have a reasonable number of appropriate representatives present for all work done on its property/facilities or regarding the Transmission Owner Attachment Direct Assignment Facilities and or Customer-Funded Upgrades that are Direct Connection Network Upgrades Upgrades, and the right to stop, or to order corrective measures with respect to, any such work that reasonably could be expected to have an adverse effect on reliability, safety or security of persons or of property of the Interconnected Transmission Owner or any portion of the Transmission System, provided that, unless circumstances do not reasonably permit such consultations, the Interconnected Transmission Owner shall consult with the Interconnection New Service Customer and with Transmission Provider before directing that work be stopped or ordering any corrective measures; (iv) The Interconnection New Service Customer and its contractors, employees and agents shall comply with the Interconnected Transmission Owner’s safety, security and work rules, environmental guidelines and training requirements applicable to the area(s) where construction activity is occurring and shall provide all reasonably required documentation to the Interconnected Transmission Owner, provided that the Interconnected Transmission Owner previously has provided its safety, security and work rules and training requirements applicable to work on its facilities to Transmission Provider and the Interconnection New Service Customer within 20 Business Days business days after a request therefor therefore made by Interconnection New Service Customer following its receipt of the Facilities Study; (v) The Interconnection New Service Customer shall be responsible for controlling the performance of its contractors, employees and agents; and (vi) All activities performed by or on behalf of the Interconnection New Service Customer pursuant to its exercise of the Option to Build shall be subject to compliance with Applicable Laws and Regulations, including those governing union staffing and bargaining unit obligations, and Applicable Standards.

Additional Conditions Regarding Network Facilities. To the extent that the Interconnection Customer utilizes the Option to Build for design, procurement, construction and/or installation of (a) any Transmission Owner Interconnection Facilities that are Direct Connection Local Upgrades or Network Upgrades to Transmission System facilities that are in existence or under construction by or on behalf of the Interconnected Transmission Owner on the date that the Interconnection Customer solicits bids under Section 3.2.3.7 below, or (b) Transmission Owner Interconnection Facilities that are Transmission Owner Attachment Facilities and Direct Connection Network Upgrades that are to be located on land or in right-of-way owned or controlled by the Interconnected Transmission Owner, and in addition to the other terms and conditions applicable to the design, procurement, construction and/or installation of facilities under this Appendix 2, all work shall comply with the following further conditions: (i) All work performed by or on behalf of the Interconnection Customer shall be conducted by contractors, and using equipment manufacturers or vendors, that are listed on the Interconnected Transmission Owner’s List of Approved Contractors; (ii) The Interconnected Transmission Owner shall have full site control of, and reasonable access to, its property at all times for purposes of tagging or operation, maintenance, repair or construction of modifications to, its existing facilities and/or for performing all tie-ins of Interconnection Facilities built by or for the Interconnection Customer; and for acceptance testing of any equipment that will be owned and/or operated by the Interconnected Transmission Owner; (iii) The Interconnected Transmission Owner shall have the right to have a reasonable number of appropriate representatives present for all work done on its property/facilities or regarding the Transmission Owner Attachment Facilities and Direct Connection Network Upgrades Interconnection Facilities, and the right to stop, or to order corrective measures with respect to, any such work that reasonably could be expected to have an adverse effect on reliability, safety or security of persons or of property of the Interconnected Transmission Owner or any portion of the Transmission System, provided that, unless circumstances do not reasonably permit such consultations, the Interconnected Transmission Owner shall consult with the Interconnection Customer and with Transmission Provider before directing that work be stopped or ordering any corrective measures; (iv) The Interconnection Customer and its contractors, employees and agents shall comply with the Interconnected Transmission Owner’s safety, security and work rules, environmental guidelines and training requirements applicable to the area(s) where construction activity is occurring and shall provide all reasonably required documentation to the Interconnected Transmission Owner, provided that the Interconnected Transmission Owner previously has provided its safety, security and work rules and training requirements applicable to work on its facilities to Transmission Provider and the Interconnection Customer within 20 Business Days business days after a request therefor made by Interconnection Customer following its receipt of the Facilities Study; (v) The Interconnection Customer shall be responsible for controlling the performance of its contractors, employees and agents; and (vi) All activities performed by or on behalf of the Interconnection Customer pursuant to its exercise of the Option to Build shall be subject to compliance with Applicable Laws and Regulations, including those governing union staffing and bargaining unit obligations, and Applicable Standards.

Additional Conditions Regarding Network Facilities. To the extent that the Interconnection Customer Developer Party utilizes the Option to Build for design, procurement, construction and/or installation of (a) any Transmission Owner Interconnection Facilities that are Direct Connection Stand Alone Network Upgrades to Transmission System facilities that are in existence or under construction by or on behalf of the Interconnected Transmission Owner on the date that the Interconnection Customer Developer Party solicits bids under Section 3.2.3.7 6.2.7 below, or (b) Transmission Owner Interconnection Facilities that are Transmission Owner Attachment Facilities and Direct Connection Stand Alone Network Upgrades that are to be located on land or in right-of-way owned or controlled by the Interconnected Transmission Owner, and in addition to the other terms and conditions applicable to the design, procurement, construction and/or installation of facilities under this Appendix 2III, all work shall comply with the following further conditions: (i) All work performed by or on behalf of the Interconnection Customer Developer Party shall be conducted by contractors, and using equipment manufacturers or vendors, that are listed on the Interconnected Transmission Owner’s List of Approved Contractors; (ii) The Interconnected Transmission Owner shall have full site control of, and reasonable access to, its property at all times for purposes of tagging or operation, maintenance, repair or construction of modifications to, its existing facilities and/or for performing all tie-ins of Interconnection Facilities Network Upgrades built by or for the Interconnection CustomerDeveloper Party; and for acceptance testing of any equipment that will be owned and/or operated by the Interconnected Transmission Owner; (iii) The Interconnected Transmission Owner shall have the right to have a reasonable number of appropriate representatives present for all work done on its property/facilities or regarding the Transmission Owner Attachment Facilities and Direct Connection Stand Alone Network Upgrades Upgrades, and the right to stop, or to order corrective measures with respect to, any such work that reasonably could be expected to have an adverse effect on reliability, safety or security of persons or of property of the Interconnected Transmission Owner or any portion of the Transmission System, provided that, unless circumstances do not reasonably permit such consultations, the Interconnected Transmission Owner shall consult with the Interconnection Customer Developer Party and with Transmission Provider before directing that work be stopped or ordering any corrective measures; (iv) The Interconnection Customer Developer Party and its contractors, employees and agents shall comply with the Interconnected Transmission Owner’s safety, security and work rules, environmental guidelines and training requirements applicable to the area(s) where construction activity is occurring and shall provide all reasonably required documentation to the Interconnected Transmission Owner, provided that the Interconnected Transmission Owner previously has provided its safety, security and work rules and training requirements applicable to work on its facilities to Transmission Provider and the Interconnection Customer Developer Party within 20 Business Days business days after a request therefor therefore made by Interconnection Customer Developer Party following its receipt of the Facilities Study; (v) The Interconnection Customer Developer Party shall be responsible for controlling the performance of its contractors, employees and agents; and (vi) All activities performed by or on behalf of the Interconnection Customer Developer Party pursuant to its exercise of the Option to Build shall be subject to compliance with Applicable Laws and Regulations, including those governing union staffing and bargaining unit obligations, and Applicable Standards.