Common use of Adverse Study Impact Calculation Clause in Contracts

Adverse Study Impact Calculation. Notwithstanding the refund provisions in Tariff, Part VII, Subpart D, sections 313(A)(4)(b) and (c) and 313(A)(5)(b) and (c), Transmission Provider shall refund to Project Developer or Eligible Customer the cumulative Readiness Deposit amounts paid by Project Developer or Eligible Customer if the Project Developer’s or Eligible Customer’s Network Upgrade cost from Phase II to Phase III: i. increases overall by 35 percent or more; and ii. increased by more than $25,000 per MW. Network Upgrade costs shall include costs identified in Affected System studies in their respective phases

Adverse Study Impact Calculation. Notwithstanding the refund provisions in Tariffsections (1), (2) and (3) aboveTariff, Part VII, Subpart D, sections 313(A)(4)(bsection 311(B)(3)(a) and (c) and 313(A)(5)(b) and (cb)(i), Transmission Provider shall refund to Project Developer or Eligible Customer the cumulative Readiness Deposit amounts paid by Project Developer or Eligible Customer at the Application Phase and at the Decision Point I Phase if the Project Developer’s or Eligible Customer’s Network Upgrade cost from Phase II I to Phase IIIII: i. a. (a) increases overall by 35 25 percent or more; and ii. increased and b.(b) increases by more than $25,000 10,000 per MW. Network Upgrade costs shall include costs identified in Affected System studies in their respective phases. .