Common use of Design, Development and Construction Clause in Contracts

Design, Development and Construction. As between Buyer and Seller, Seller shall have sole responsibility for designing and constructing (or causing the design and construction) of the Facility, Transmission Upgrades (if any) and all related metering and submetering facilities, including the obligation to perform all studies, including environmental studies, pay all fees, obtain all necessary Governmental Approvals and execute all necessary agreements with the Transmission Provider and the Participating Transmission Owner for the Electrical Interconnection Facilities, Transmission Upgrades [and with the applicable Gas pipeline or LDC for the Gas Interconnection Facilities] necessary for the ownership, construction, operation and maintenance of the Units and delivery of Seller’s Product. All Electrical Interconnection Facilities [and Fuel Handling Facilities], including metering and submetering facilities and Transmission Upgrades must be of sufficient capacity as of the Initial Delivery Date to permit the Units to operate at all times during each month at the Maximum Contract Capacity (in addition to such capacity as required for units located at the Facility that are not committed to Buyer). Metering and submetering facilities must meet such additional specifications as set forth in Section 3.8. [Include the first bracketed phrase for all gas-fired facilities. Include the second bracketed phrase for all fossil-fired facilities.]

Design, Development and Construction. As between Buyer and Seller, Seller shall have sole responsibility for designing and constructing (or causing the design and construction) of the Facility, Transmission Upgrades (if any) and all related metering and submetering facilities, including the obligation to perform all studies, including environmental studies, pay all fees, obtain all necessary Governmental Approvals and execute all necessary agreements with the Transmission Provider and the Participating Transmission Owner for the Electrical Interconnection Facilities, Transmission Upgrades [and with the applicable Gas pipeline or LDC for the Gas Interconnection Facilities] necessary for the ownership, construction, operation and maintenance of the Units and delivery of Seller’s Product. All Electrical Interconnection Facilities [and Fuel Handling Facilities], including metering and submetering facilities and Transmission Upgrades must be of sufficient capacity as of the Initial Delivery Date to permit the Units to operate at all times during each month at the Maximum Contract Capacity (in addition to such capacity as required for units located at the Facility that are not committed to Buyer). Metering and submetering facilities must meet such additional specifications as set forth in Section 3.83.7. [Include the first bracketed phrase for all gas-fired facilities. Include the second bracketed phrase for all fossil-fired facilities.]