Common use of Alternate Option Clause in Contracts

Alternate Option. If the dates designated by Interconnection Customer are acceptable to Transmission Provider and Transmission Owner, Transmission Provider shall so notify Interconnection Customer within thirty (30) Calendar Days, and Transmission Owner shall assume responsibility for the design, procurement and construction of the Transmission Owner’s Interconnection Facilities by the designated dates. If Transmission Owner subsequently fails to complete the Transmission Owner’s Interconnection Facilities by the In-Service Date, to the extent necessary to provide back feed power; or fails to complete Network Upgrades by the Initial Synchronization Date to the extent necessary to allow for Trial Operation at full power output, unless other arrangements are made by the Parties for such Trial Operation; or fails to complete the Network Upgrades by the Commercial Operation Date, as such dates are reflected in Appendix B, Milestones; Transmission Owner shall pay Interconnection Customer liquidated damages in accordance with Article 5.3, Liquidated Damages, provided, however, the dates designated by Interconnection Customer shall be extended day for day for each Calendar Day that Transmission Provider refuses to grant clearances to install equipment. Transmission Owner and Interconnection Customer may adopt an incentive payment schedule that is mutually agreeable to encourage Transmission Owner to meet specified accelerated dates. Such payment by Interconnection Customer is not subject to refund.

Alternate Option. If the dates designated by Interconnection Customer are acceptable to Transmission Provider and Transmission Owner, the Transmission Provider Owner shall so notify Interconnection Customer and NYISO within thirty (30) Calendar Days, and Transmission Owner shall assume responsibility for the design, procurement and construction of the Transmission Owner’s Interconnection Attachment Facilities by the designated dates. If Transmission Owner subsequently fails to complete the Transmission Owner’s Interconnection Attachment Facilities by the In-Service Date, to the extent necessary to provide back feed power; or fails to complete Network System Upgrade Facilities or System Deliverability Upgrades by the Initial Synchronization Date to the extent necessary to allow for Trial Operation at full power output, unless other arrangements are made by the Parties Interconnection Customer and Transmission Owner for such Trial Operation; or fails to complete the Network System Upgrade Facilities and System Deliverability Upgrades by the Commercial Operation Date, as such dates are reflected in Appendix B, MilestonesB hereto; Transmission Owner shall pay Interconnection Customer liquidated damages in accordance with Article 5.3, Liquidated Damages, provided, however, the dates designated by Interconnection Customer shall be extended day for day for each Calendar Day day that Transmission Provider NYISO refuses to grant clearances to install equipment. Transmission Owner and Interconnection Customer may adopt an incentive payment schedule that is mutually agreeable to encourage Transmission Owner to meet specified accelerated dates. Such payment by Interconnection Customer is not subject to refund.

Alternate Option. If the dates designated by Interconnection Customer are acceptable to Transmission Provider and Interconnecting Transmission Owner, the Interconnecting Transmission Provider Owner shall so notify Interconnection Customer within thirty (30) Calendar Days, and Transmission Owner shall assume responsibility for the design, procurement and construction of the Interconnecting Transmission Owner’s Interconnection Facilities by the designated dates. If Interconnecting Transmission Owner subsequently fails to complete the Interconnecting Transmission Owner’s Interconnection Facilities by the In-Service Date, to the extent necessary to provide back feed power; or fails to complete Network Upgrades by the Initial Synchronization Date to the extent necessary to allow for Trial Operation at full power output, unless other arrangements are made by the Parties for such Trial Operation; or fails to complete the Network Upgrades by the Commercial Operation Date, as such dates are reflected in Appendix B, B (Milestones); Interconnecting Transmission Owner shall pay Interconnection Customer liquidated damages in accordance with Article 5.3, Liquidated Damages, provided, however, the dates designated by Interconnection Customer shall be extended day for day for each Calendar Day day that Transmission Provider the applicable System Operator refuses to grant clearances to install equipment. Transmission Owner and Interconnection Customer may adopt an incentive payment schedule that is mutually agreeable to encourage Transmission Owner to meet specified accelerated dates. Such payment by Interconnection Customer is not subject to refund.

Alternate Option. If the dates designated by Interconnection MHVDC Connection Customer are acceptable to Transmission Provider and Transmission Owner, Transmission Provider shall so notify Interconnection MHVDC Connection Customer within thirty (30) Calendar Days, and Transmission Owner shall assume responsibility for the design, procurement and construction of the Transmission Owner’s Interconnection Connection Facilities by the designated dates. If Transmission Owner subsequently fails to complete the Transmission Owner’s Interconnection Connection Facilities by the In-Service Date, to the extent necessary to provide back feed power; or fails to complete Network Upgrades by the Initial Synchronization Date to the extent necessary to allow for Trial Operation at full power output, unless other arrangements are made by the Parties for such Trial Operation; or fails to complete the Network Upgrades by the Commercial Operation Date, as such dates are reflected in Appendix BC, Milestones; Transmission Owner shall pay Interconnection MHVDC Connection Customer liquidated damages in accordance with Article 5.35.5.5, Liquidated Damages, provided, however, the dates designated by Interconnection MHVDC Connection Customer shall be extended day for day for each Calendar Day that Transmission Provider refuses to grant clearances to install equipment. Transmission Owner and Interconnection MHVDC Connection Customer may adopt an incentive payment schedule that is mutually agreeable to encourage Transmission Owner to meet specified accelerated dates. Such payment by Interconnection MHVDC Connection Customer is not subject to refund.

Alternate Option. If the dates designated by Interconnection Customer are acceptable to Transmission Provider and Transmission Owner, the Transmission Provider shall so notify Interconnection Customer within thirty (30) Calendar Days, and Transmission Owner shall assume responsibility for the design, procurement and construction of the Transmission Owner’s Interconnection Facilities by the designated dates. If Transmission Owner subsequently fails to complete the Transmission Owner’s Interconnection Facilities by the In-Service Date, to the extent necessary to provide back feed power; or fails to complete Network Upgrades by the Initial Synchronization Date to the extent necessary to allow for Trial Operation at full power output, unless other arrangements are made by the Parties for such Trial Operation; or fails to complete the Network Upgrades by the Commercial Operation Date, as such dates are reflected in Appendix B, Milestones; Transmission Owner shall pay Interconnection Customer liquidated damages in accordance with Article 5.3, Liquidated Damages, provided, however, the dates designated by Interconnection Customer shall be extended day for day for each Calendar Day day that the Transmission Provider refuses to grant clearances to install equipment. Original Sheet No. 19 The Transmission Owner and Interconnection Customer may adopt an incentive payment schedule that is mutually agreeable to encourage the Transmission Owner to meet specified accelerated dates. Such payment by the Interconnection Customer is not subject to refund.

Alternate Option. If the dates designated by Interconnection Customer are acceptable to Transmission Provider and Transmission Owner, the Transmission Provider shall so notify Interconnection Customer within thirty (30) Calendar Days, and Transmission Owner shall assume responsibility for the design, procurement and construction of the Transmission Owner’s Interconnection Facilities by the designated dates. If Transmission Owner subsequently fails to complete the Transmission Owner’s Interconnection Facilities by the In-Service Date, to the extent necessary to provide back feed power; or fails to complete Network Upgrades by the Initial Synchronization Date to the extent necessary to allow for Trial Operation at full power output, unless other arrangements are made by the Parties for such Trial Operation; or fails to complete the Network Upgrades by the Commercial Operation Date, as such dates are reflected in Appendix B, Milestones; Transmission Owner shall pay Interconnection Customer liquidated damages in accordance with Article 5.3, Liquidated Damages, provided, however, the dates designated by Interconnection Customer shall be extended day for day for each Calendar Day day that the Transmission Provider refuses to grant clearances to install equipment. The Transmission Owner and Interconnection Customer may adopt an incentive payment schedule that is mutually agreeable to encourage the Transmission Owner to meet specified accelerated dates. Such payment by the Interconnection Customer is not subject to refund.

Alternate Option. If the dates designated by Interconnection Customer CustomerDeveloper are acceptable to Transmission Provider and ProviderOwner, the Transmission Owner, Transmission Provider ProviderOwner shall so notify Interconnection Customer CustomerDeveloper and NYISO within thirty (30) Calendar Days, and Transmission Owner shall assume responsibility for the design, procurement and construction of the Transmission OwnerProviderOwner’s Interconnection InterconnectionAttachment Facilities by the designated dates. If Transmission Owner ProviderOwner subsequently fails to complete the Transmission OwnerProviderOwner’s Interconnection InterconnectionAttachment Facilities by the In-Service Date, to the extent necessary to provide back feed power; or fails to complete Network Upgrades UpgradesSystem Upgrade Facilities by the Initial Synchronization Date to the extent necessary to allow for Trial Operation at full power output, unless other arrangements are made by the Parties PartiesDeveloper and Transmission Owner for such Trial Operation; or fails to complete the Network Upgrades Upgradessystem Upgrade Facilities by the Commercial Operation Date, as such dates are reflected in Appendix B, MilestonesMilestoneshereto ; Transmission Owner ProviderOwner shall pay Interconnection Customer CustomerDeveloper liquidated damages in accordance with Article 5.3, Liquidated Damages, provided, however, the dates designated by Interconnection Customer CustomerDeveloper shall be extended day for day for each Calendar Day day that Transmission Provider the applicable RTO or ISONYISO refuses to grant clearances to install equipment. Transmission Owner and Interconnection Customer may adopt an incentive payment schedule that is mutually agreeable to encourage Transmission Owner to meet specified accelerated dates. Such payment by Interconnection Customer is not subject to refund.

Alternate Option. If the dates designated by Interconnection MHVDC Connection Customer are acceptable to Transmission Provider and Transmission Owner, Transmission Provider shall so notify Interconnection MHVDC Connection Customer within thirty (30) Calendar Days, and Transmission Owner shall assume responsibility for the design, procurement and construction of the Transmission Owner’s Interconnection Connection Facilities by the designated dates. If Transmission Owner subsequently fails to complete the Transmission Owner’s Interconnection Connection Facilities by the In-Service Date, to the extent necessary to provide back feed power; or fails to complete Network Upgrades by the Initial Synchronization Date to the extent necessary to allow for Trial Operation at full power output, unless other arrangements are made by the Parties for such Trial Operation; or fails to complete the Network Upgrades by the Commercial Operation Date, as such dates are reflected in Appendix BC, Milestones; Transmission Owner shall pay Interconnection MHVDC Connection Customer liquidated damages in accordance with Article 5.35.5.65, Liquidated Damages, provided, however, the dates designated by Interconnection MHVDC Connection Customer shall be extended day for day for each Calendar Day that Transmission Provider refuses to grant clearances to install equipment. Transmission Owner and Interconnection MHVDC Connection Customer may adopt an incentive payment schedule that is mutually agreeable to encourage Transmission Owner to meet specified accelerated dates. Such payment by Interconnection MHVDC Connection Customer is not subject to refund.