Common use of Cost Responsibilities Clause in Contracts

Cost Responsibilities. Each Developer will be responsible for its respective Invoice Share of the monthly costs incurred by Affected Transmission Owner in performing the EPC Services; provided, however, that the Developer will not be responsible for any cost above the Developer Common SUF Cost Cap, except as set forth in Article 6.1.3. On a periodic basis as set forth in the Milestones in Appendix A, Affected Transmission Owner shall provide to the other Parties in writing an updated estimate of its cost for performing the EPC Services. The updated cost estimate shall fully specify any additional services and equipment required for the Affected Transmission Owner to perform the EPC Services and explain why these additional services and equipment are required. If the Affected Transmission Owner’s updated cost estimate as provided under Article 6.1.2 is greater than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017, each Developer’s responsibility for any costs above its Developer Common SUF Cost Cap shall be determined in accordance with Section 25.8.6 of Attachment S of the ISO OATT. The Parties shall amend this Agreement if there are any changes to the Developer Common SUF Cost Cap required by Section 25.8.6 of Attachment S of the ISO OATT. If the final cost incurred by the Affected Transmission Owner in performing the EPC Services is less than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017 and set forth in Appendix A, then the Affected Transmission Owner shall make a true-up payment to each Developer pursuant to Article 7.2 to refund to the Developer any costs that the Developer has paid to the Affected Transmission Owner under Article 6.1.1 that are greater than its Invoice Share of the actual costs. Affected Transmission Owner shall be solely responsible for its costs in performing the EPC Services that are not recoverable from Developers under this Article 6.1.

Cost Responsibilities. Each Developer ‌ The Developers will be responsible for its their respective Invoice Share of the monthly costs incurred by each Affected Transmission Owner in performing the EPC Services; provided, however, that the Developer Developers will not be responsible for any cost above the Developer Common SUF SDU Cost Cap, Cap except as set forth in Article 6.1.3. 6.1.3.‌ On a periodic basis as set forth in the Milestones in Appendix A, each Affected Transmission Owner shall provide to the other Parties in writing an updated estimate of its cost for performing the EPC Services. The updated cost estimate shall fully specify any additional services and equipment required for the Affected Transmission Owner to perform the EPC Services and explain why these additional services and equipment are required. required.‌ If the an Affected Transmission Owner’s updated cost estimate as provided under Article 6.1.2 is greater than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017Year‌ Deliverability Study, each Developer’s responsibility for any costs above its Developer Common SUF SDU Cost Cap shall be determined in accordance with Section 25.8.6 of Attachment S of the ISO OATT. The Parties shall amend this Agreement if there are any changes to the Developer Common SUF SDU Cost Cap required by Section 25.8.6 of Attachment S of the ISO OATT25.8.6. If the final cost incurred by the an Affected Transmission Owner in performing the EPC Services is less than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017 Deliverability Study and set forth in Appendix A, then the Affected Transmission Owner shall make a true-up payment to each Developer pursuant to Article 7.2 to refund to the Developer any costs that the Developer has paid to the Affected Transmission Owner under Article 6.1.1 that are greater than its Invoice Share of the actual costs. costs.‌ Each Affected Transmission Owner shall be solely responsible for its costs in performing the EPC Services that are not recoverable from Developers under this Article 6.1; provided, however, that the Affected Transmission Owner may recover these costs: (i) by drawing on any Forfeited Security held by the Affected Transmission Owner to the extent permitted under Section 25.8.5 of Attachment S of the ISO OATT, and (ii) from Load Serving Entities through the ISO OATT to the extent permitted under Sections 25.7.12.3.2 and 25.8.6 of Attachment S of the ISO OATT and Schedule 12 of the ISO OATT.

Cost Responsibilities. ‌ Each Developer will be responsible for its respective Invoice Share of the monthly costs incurred by Affected Transmission Owner in performing the EPC Services; provided, however, that the Developer will not be responsible for any cost above the Developer Common SUF Cost Cap, except as set forth in Article 6.1.3. 6.1.3.‌ On a periodic basis as set forth in the Milestones in Appendix A, Affected Transmission Owner shall provide to the other Parties in writing an updated estimate of its cost for performing the EPC Services. The updated cost estimate shall fully specify any additional services and equipment required for the Affected Transmission Owner to perform the EPC Services and explain why these additional services and equipment are required. required.‌ If the Affected Transmission Owner’s updated cost estimate as provided under Article 6.1.2 is greater than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017, each Developer’s responsibility for any costs above its Developer Common SUF Cost Cap shall be determined in accordance with Section 25.8.6 of Attachment S of the ISO OATT. The Parties shall amend this Agreement if if‌ there are any changes to the Developer Common SUF Cost Cap required by Section 25.8.6 of Attachment S of the ISO OATT. If the final cost incurred by the Affected Transmission Owner in performing the EPC Services is less than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017 and set forth in Appendix A, then the Affected Transmission Owner shall make a true-up payment to each Developer pursuant to Article 7.2 to refund to the Developer any costs that the Developer has paid to the Affected Transmission Owner under Article 6.1.1 that are greater than its Invoice Share of the actual costs. costs.‌ Affected Transmission Owner shall be solely responsible for its costs in performing the EPC Services that are not recoverable from Developers under this Article 6.1.6.1.‌‌

Cost Responsibilities. Each Developer will be responsible for its respective Invoice Share of the monthly costs incurred by Affected Transmission Owner in performing the EPC Services; provided, however, that the Developer will not be responsible for any cost above the Developer Common SUF Cost Cap, except as set forth in Article 6.1.3. On a periodic basis as set forth in the Milestones in Appendix A, Affected Transmission Owner shall provide to the other Parties in writing an updated estimate of its cost for performing the EPC Services. The updated cost estimate shall fully specify any additional services and equipment required for the Affected Transmission Owner to perform the EPC Services and explain why these additional services and equipment are required. If the Affected Transmission Owner’s updated cost estimate as provided under Article 6.1.2 is greater than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017, each Developer’s responsibility for any costs above its Developer Common SUF Cost Cap shall be determined in accordance with Section 25.8.6 of Attachment S of the ISO OATT. The Parties shall amend this Agreement if there are any changes to the Developer Common SUF Cost Cap required by Section 25.8.6 of Attachment S of the ISO OATT. OATT.‌ If the final cost incurred by the Affected Transmission Owner in performing the EPC Services is less than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017 and set forth in Appendix A, then the Affected Transmission Owner shall make a true-up payment to each Developer pursuant to Article 7.2 to refund to the Developer any costs that the Developer has paid to the Affected Transmission Owner under Article 6.1.1 that are greater than its Invoice Share of the actual costs. Affected Transmission Owner shall be solely responsible for its costs in performing the EPC Services that are not recoverable from Developers under this Article 6.1.

Cost Responsibilities. Each Developer will be responsible for its respective Invoice Share of the monthly costs incurred by Affected Transmission Owner in performing the EPC Services; provided, however, that the Developer will not be responsible for any cost above the Developer Common SUF Cost Cap, except as set forth in Article 6.1.3. On a periodic basis as set forth in the Milestones in Appendix A, Affected Transmission Owner shall provide to the other Parties in writing an updated estimate of its cost for performing the EPC Services. The updated cost estimate shall fully specify any additional services and equipment required for the Affected Transmission Owner to perform the EPC Services and explain why these additional services and equipment are required. If the Affected Transmission Owner’s updated cost estimate as provided under Article 6.1.2 is greater than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017, each Developer’s responsibility for any costs above its Developer Common SUF Cost Cap shall be determined in accordance with Section 25.8.6 of Attachment S of the ISO OATT. The Parties shall amend this Agreement if there are any changes to the Developer Common SUF Cost Cap required by Section 25.8.6 of Attachment S of the ISO OATT. If the final cost incurred by the Affected Transmission Owner in performing the EPC Services is less than the estimated cost for such services as determined by the Interconnection Facilities Study for Class Year 2017 and set forth in Appendix A, then the Affected Transmission Owner shall make a true-up payment to each Developer pursuant to Article 7.2 to refund to the Developer any costs that the Developer has paid to the Affected Transmission Owner under Article 6.1.1 that are greater than its Invoice Share of the actual costs. costs.‌ Affected Transmission Owner shall be solely responsible for its costs in performing the EPC Services that are not recoverable from Developers under this Article 6.1.