Common use of Commercial Operation Date Testing and Modifications Clause in Contracts

Commercial Operation Date Testing and Modifications. Prior to the Commercial Operation Date, the Connecting Transmission Owner shall test the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades and Developer shall test the Merchant Transmission Facility and the Developer Attachment Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Developer and Connecting Transmission Owner shall each make any modifications to its facilities that are found to be necessary as a result of such testing. Developer shall bear the cost of all such testing and modifications. Developer shall transmit test energy over the Merchant Transmission Facility only if it has arranged for the injection into the New York Control Area or withdrawal from PJM of such test energy in accordance with NYISO, PJM, Public Service Electric and Gas Company (“PSE&G”) and Connecting Transmission Owner procedures, as applicable.