Designation as Network Resource; Termination Right. 4.2.1 Within five (5) Business Days following the Effective Date, PacifiCorp will submit an application to the Network Service Provider requesting designation of this Agreement as a Network Resource, thereby authorizing transmission service under PacifiCorp’s Network Integration Transmission Service Agreement with the Network Service Provider. 4.2.2 Notwithstanding anything to the contrary in this Agreement, PacifiCorp shall have the right to terminate this Agreement if the Network Service Provider confirms through the Tariff study process that network upgrades will be required on the Network Service Provider’s transmission system in order to accept PacifiCorp’s request to designate this Agreement as a Network Resource, and the estimated cost to PacifiCorp of such network upgrades are in excess of [ ] (the “Network Upgrades Amount”). The termination right under this Section 4.2.2 shall expire as follows: (a) thirty (30) days following PacifiCorp’s receipt of written notice from the Network Service Provider that no transmission service study will be necessary in connection with designating this Agreement as a Network Resource; (b) if a transmission service study is required, thirty (30) days following PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms the network upgrades costs are estimated to be less than or equal to the Network Upgrades Amount in order to designate this Agreement as a Network Resource; and (c) if a transmission service study is required, thirty (30) days following PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms the network upgrades costs are estimated to be greater than the Network Upgrades Amount in order to designate this Agreement as a Network Resource and Seller has not received a notice of termination by PacifiCorp under this Section
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Designation as Network Resource; Termination Right. 4.2.1 Within five (5) Business Days following the Effective Date, PacifiCorp will submit an application to the Network Service Provider requesting designation of this Agreement as a Network Resource, thereby authorizing transmission service under PacifiCorp’s Network Integration Transmission Service Agreement with the Network Service Provider.
4.2.2 Notwithstanding anything to the contrary in this Agreement, PacifiCorp shall have the right to terminate this Agreement if the Network Service Provider confirms through the Tariff study process that network upgrades will be required on the Network Service Provider’s transmission system in order to accept PacifiCorp’s request to designate this Agreement as a Network Resource, and the estimated cost to PacifiCorp of such network upgrades are in excess of [ [____________] (the “Network Upgrades Amount”). The termination right under this Section 4.2.2 shall expire as follows: (a) thirty (30) days following PacifiCorp’s receipt of written notice from the Network Service Provider that no transmission service study will be necessary in connection with designating this Agreement as a Network Resource; (b) if a transmission service study is required, thirty (30) days following PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms the network upgrades costs are estimated to be less than or equal to the Network Upgrades Amount in order to designate this Agreement as a Network Resource; and (c) if a transmission service study is required, thirty (30) days following PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms the network upgrades costs are estimated to be greater than the Network Upgrades Amount in order to designate this Agreement as a Network Resource and Seller has not received a notice of termination by PacifiCorp under this SectionSection 4.2.2. If this Agreement is terminated pursuant to this Section 4.2.2, then PacifiCorp shall have no liability to Seller as a result thereof and neither Party will have any liability to the other Party with respect to the period following the effective date of such termination; provided, however, that this Agreement will remain in effect to the extent necessary to facilitate the settlement of all liabilities and obligations arising under this Agreement before the effective date of such termination.
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Designation as Network Resource; Termination Right. 4.2.1 Within five (5) Business Days following the Effective Execution Date, PacifiCorp will submit an application to the Network Service Provider requesting designation of this Agreement as a Network Resource, thereby authorizing transmission service Resource under PacifiCorp’s agreement for Network Integration Transmission Service Agreement with the Network Service Provider.
4.2.2 Notwithstanding anything Provider with a commencement date for Network Integration Transmission Service of one hundred twenty (120) days prior to the contrary in this Agreement, PacifiCorp shall have Scheduled Commercial Operation Date (the right to terminate this Agreement if “DNR Request”). Within five (5) Business Days of (a) receiving written notice from the Network Service Provider confirms that no transmission service study will be necessary in connection with granting the DNR Request or (b) if a transmission service study is required, receiving a final transmission service study from the Network Service Provider, PacifiCorp shall provide such notice or final transmission service study, as the case may be, to Seller.
4.2.2 PacifiCorp may, in its sole discretion, terminate this Agreement upon not less than thirty (30) days prior written notice thereof to Seller (the “DNR Termination Notice”) if within two hundred ten (210) days after the Execution Date (the “DNR Cut-off Date”): (a) the Network Service Provider determines through the Tariff study process that network upgrades will be required on the Network Service Provider’s transmission system in order to accept PacifiCorp’s request to designate this Agreement as a Network Resourcegrant the DNR Request, and the estimated cost to PacifiCorp of such network upgrades and any other costs identified by the Network Service Provider (the “DNR Costs”) are in excess of [ ] One Million Dollars ($1,000,000)8 (the “Network Upgrades AmountDNR Cost Threshold”). The termination right under this Section 4.2.2 shall expire as follows: ; or (ab) thirty (30) days following PacifiCorp’s receipt of written notice from the Network Service Provider that fails to provide PacifiCorp with written notice either that: (i) no transmission service study will be necessary in connection with designating this Agreement as a Network Resourcegranting the DNR Request; or (bii) if a it has completed the final transmission service study is requiredand determined that the DNR Costs required in order to grant the DNR Request are not in excess of the DNR Cost Threshold. In order to exercise its termination right pursuant to this Section 4.2.2, thirty PacifiCorp must deliver the DNR Termination Notice to Seller within ten (3010) Business Days after the DNR Cut-off Date. .
4.2.3 If Seller delivers a written notice (“DNR Costs Notice”) to PacifiCorp within ten (10) days following of receipt of the DNR Termination Notice issued by PacifiCorp pursuant to Section 4.2.2(a) (but not Section 4.2.2(b)) that it is willing to pay or reimburse PacifiCorp for all or a portion of the DNR Costs in excess of the DNR Cost Threshold (the “Excess DNR Costs”), then the Parties shall negotiate in good faith to reach agreement on the method and amount of payment or reimbursement of the Excess DNR Costs. If the Parties reach agreement on the method and amount of payment or reimbursement of the Excess DNR Costs within fifteen (15) days of PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms DNR Costs Notice, then the network upgrades costs are estimated to be less than or equal to the Network Upgrades Amount in order to designate Parties shall amend this Agreement as a Network Resource; consistent with such agreement. If the Parties are unable to reach agreement on the method and amount of payment or reimbursement of the Excess DNR Costs within fifteen (c) if a transmission service study is required, thirty (3015) days following of PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms DNR Costs Notice, then this Agreement shall terminate in accordance with the network upgrades costs are estimated DNR Termination Notice.
4.2.4 If PacifiCorp terminates this Agreement pursuant to be greater Section 4.2.2, then all further obligations of the Parties under this Agreement (other than the Network Upgrades Amount in order provisions which by their terms are intended to designate survive the termination of this Agreement as a Network Resource and Seller has not received a notice Agreement) shall be terminated without further liability of either Party to the other Party. Under no circumstances shall either Party have any liability to the other Party due to PacifiCorp exercising its termination by PacifiCorp under this Sectionright pursuant to Section 4.2.
Appears in 1 contract
Samples: Power Purchase Agreement
Designation as Network Resource; Termination Right. 4.2.1 Within five (5) Business Days following the Effective Execution Date, PacifiCorp will submit an application to the Network Service Provider requesting designation of this Agreement as a Network Resource, thereby authorizing transmission service Resource under PacifiCorp’s agreement for Network Integration Transmission Service Agreement with the Network Service Provider.
4.2.2 Notwithstanding anything Provider with a commencement date for Network Integration Transmission Service of one hundred twenty (120) days prior to the contrary in this Agreement, PacifiCorp shall have Scheduled Commercial Operation Date (the right to terminate this Agreement if “DNR Request”). Within five (5) Business Days of
(a) receiving written notice from the Network Service Provider confirms that no transmission service study will be necessary in connection with granting the DNR Request or (b) if a transmission service study is required, receiving a final transmission service study from the Network Service Provider, PacifiCorp shall provide such notice or final transmission service study, as the case may be, to Seller.
4.2.2 PacifiCorp may, in its sole discretion, terminate this Agreement upon not less than thirty (30) days prior written notice thereof to Seller (the “DNR Termination Notice”) if within two hundred ten (210) days after the Execution Date (the “DNR Cut-off Date”): (a) the Network Service Provider determines through the Tariff study process that network upgrades will be required on the Network Service Provider’s transmission system in order to accept PacifiCorp’s request to designate this Agreement as a Network Resourcegrant the DNR Request, and the estimated cost to PacifiCorp of such network upgrades and any other costs identified by the Network Service Provider (the “DNR Costs”) are in excess of [ ] One Million Dollars ($1,000,000)8 (the “Network Upgrades AmountDNR Cost Threshold”). The termination right under this Section 4.2.2 shall expire as follows: ; or (ab) thirty (30) days following PacifiCorp’s receipt of written notice from the Network Service Provider that fails to provide PacifiCorp with written notice either that: (i) no transmission service study will be necessary in connection with designating this Agreement as a Network Resourcegranting the DNR Request; or (bii) if a it has completed the final transmission service study is requiredand determined that the DNR Costs required in order to grant the DNR Request are not in excess of the DNR Cost Threshold. In order to exercise its termination right pursuant to this Section 4.2.2, thirty PacifiCorp must deliver the DNR Termination Notice to Seller within ten (3010) Business Days after the DNR Cut-off Date. .
4.2.3 If Seller delivers a written notice (“DNR Costs Notice”) to PacifiCorp within ten (10) days following of receipt of the DNR Termination Notice issued by PacifiCorp pursuant to Section 4.2.2(a) (but not Section 4.2.2(b)) that it is willing to pay or reimburse PacifiCorp for all or a portion of the DNR Costs in excess of the DNR Cost Threshold (the “Excess DNR Costs”), then the Parties shall negotiate in good faith to reach agreement on the method and amount of payment or reimbursement of the Excess DNR Costs. If the Parties reach agreement on the method and amount of payment or reimbursement of the Excess DNR Costs within fifteen (15) days of PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms DNR Costs Notice, then the network upgrades costs Parties shall amend this Agreement consistent with such agreement. If the Parties are estimated unable to reach agreement on the method and amount of payment or reimbursement of the Excess DNR Costs within fifteen (15) 8 NTD: The DNR Cost Threshold to be less than negotiated by the Parties for Generating Facilities with an Expected Nameplate Capacity Rating of 20 MW or equal to the Network Upgrades Amount in order to designate this Agreement as a Network Resource; and (c) if a transmission service study is required, thirty (30) less. days following of PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms DNR Costs Notice, then this Agreement shall terminate in accordance with the network upgrades costs are estimated DNR Termination Notice.
4.2.4 If PacifiCorp terminates this Agreement pursuant to be greater Section 4.2.2, then all further obligations of the Parties under this Agreement (other than the Network Upgrades Amount in order provisions which by their terms are intended to designate survive the termination of this Agreement as a Network Resource and Seller has not received a notice Agreement) shall be terminated without further liability of either Party to the other Party. Under no circumstances shall either Party have any liability to the other Party due to PacifiCorp exercising its termination by PacifiCorp under this Sectionright pursuant to Section 4.2.
Appears in 1 contract
Samples: Power Purchase Agreement
Designation as Network Resource; Termination Right.
4.2.1 Within five (5) Business Days following the Effective Execution Date, PacifiCorp will submit an application to the Network Service Provider requesting designation of this Agreement as a Network Resource, thereby authorizing transmission service Resource under PacifiCorp’s agreement for Network Integration Transmission Service Agreement with the Network Service Provider.
4.2.2 Notwithstanding anything Provider with a commencement date for Network Integration Transmission Service of one hundred twenty (120) days prior to the contrary in this Agreement, PacifiCorp shall have Scheduled Commercial Operation Date (the right to terminate this Agreement if “DNR Request”). Within five (5) Business Days of
(a) receiving written notice from the Network Service Provider confirms that no transmission service study will be necessary in connection with granting the DNR Request or (b) if a transmission service study is required, receiving a final transmission service study from the Network Service Provider, PacifiCorp shall provide such notice or final transmission service study, as the case may be, to Seller.
4.2.2 PacifiCorp may, in its sole discretion, terminate this Agreement upon not less than thirty (30) days prior written notice thereof to Seller (the “DNR Termination Notice”) if within two hundred ten (210) days after the Execution Date (the “DNR Cut-off Date”): (a) the Network Service Provider determines through the Tariff study process that network upgrades will be required on the Network Service Provider’s transmission system in order to accept PacifiCorp’s request to designate this Agreement as a Network Resourcegrant the DNR Request, and the estimated cost to PacifiCorp of such network upgrades and any other costs identified by the Network Service Provider (the “DNR Costs”) are in excess of [ ] One Million Dollars ($1,000,000)7 (the “Network Upgrades AmountDNR Cost Threshold”). The termination right under this Section 4.2.2 shall expire as follows: ; or (ab) thirty (30) days following PacifiCorp’s receipt of written notice from the Network Service Provider that fails to provide PacifiCorp with written notice either that: (i) no transmission service study will be necessary in connection with designating this Agreement as a Network Resourcegranting the DNR Request; or (bii) if a transmission service study is required, thirty (30) days following PacifiCorp’s receipt of a it has completed the final transmission service study from and determined that the Network Service Provider that confirms the network upgrades costs are estimated to be less than or equal to the Network Upgrades Amount DNR Costs required in order to designate grant the DNR Request are not in excess of the DNR Cost Threshold. In order to exercise its termination right pursuant to this Agreement as Section 4.2.2, PacifiCorp must deliver the DNR Termination Notice to Seller within ten (10) Business Days after the DNR Cut-off Date.
4.2.3 If Seller delivers a Network Resource; and written notice (c“DNR Costs Notice”) if a transmission service study is required, thirty to PacifiCorp within ten (3010) days following PacifiCorp’s of receipt of a final transmission service study from the Network Service Provider that confirms the network upgrades costs are estimated to be greater than the Network Upgrades Amount in order to designate this Agreement as a Network Resource and Seller has not received a notice of termination DNR Termination Notice issued by PacifiCorp under this Sectionpursuant to
Appears in 1 contract
Samples: Energy Storage Agreement
Designation as Network Resource; Termination Right. 4.2.1 Within five (5) Business Days following the Effective Execution Date, PacifiCorp will submit an application to the Network Service Provider requesting designation of this Agreement as a Network Resource, thereby authorizing transmission service Resource under PacifiCorp’s agreement for Network Integration Transmission Service Agreement with the Network Service Provider.
4.2.2 Notwithstanding anything Provider with a commencement date for Network Integration Transmission Service of one hundred twenty (120) days prior to the contrary in this Agreement, PacifiCorp shall have Scheduled Commercial Operation Date (the right to terminate this Agreement if “DNR Request”). Within five (5) Business Days of (a) receiving written notice from the Network Service Provider confirms that no transmission service study will be necessary in connection with granting the DNR Request or (b) if a transmission service study is required, receiving a final transmission service study from the Network Service Provider, PacifiCorp shall provide such notice or final transmission service study, as the case may be, to Seller.
4.2.2 PacifiCorp may, in its sole discretion, terminate this Agreement upon not less than thirty (30) days prior written notice thereof to Seller (the “DNR Termination Notice”) if within two hundred ten (210) days after the Execution Date (the “DNR Cut-off Date”): (a) the Network Service Provider determines through the Tariff study process that network upgrades will be required on the Network Service Provider’s transmission system in order to accept PacifiCorp’s request to designate this Agreement as a Network Resourcegrant the DNR Request, and the estimated cost to PacifiCorp of such network upgrades and any other costs identified by the Network Service Provider (the “DNR Costs”) are in excess of [ ] One Million Dollars ($1,000,000)7 (the “Network Upgrades AmountDNR Cost Threshold”). The termination right under this Section 4.2.2 shall expire as follows: ; or (ab) thirty (30) days following PacifiCorp’s receipt of written notice from the Network Service Provider that fails to provide PacifiCorp with written notice either that: (i) no transmission service study will be necessary in connection with designating this Agreement as a Network Resourcegranting the DNR Request; or (bii) if a it has completed the final transmission service study is requiredand determined that the DNR Costs required in order to grant the DNR Request are not in excess of the DNR Cost Threshold. In order to exercise its termination right pursuant to this Section 4.2.2, thirty PacifiCorp must deliver the DNR Termination Notice to Seller within ten (3010) Business Days after the DNR Cut-off Date.
4.2.3 If Seller delivers a written notice (“DNR Costs Notice”) to PacifiCorp within ten (10) days following of receipt of the DNR Termination Notice issued by PacifiCorp pursuant to Section 4.2.2(a) (but not Section 4.2.2(b)) that it is willing to pay or reimburse PacifiCorp for all or a portion of the DNR Costs in excess of the DNR Cost Threshold (the “Excess DNR Costs”), then the Parties shall negotiate in good faith to reach agreement on the method and amount of payment or reimbursement of the Excess DNR Costs. If the Parties reach agreement on the method and amount of payment or reimbursement of the Excess DNR Costs within fifteen (15) days of PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms DNR Costs Notice, then the network upgrades costs are estimated to be less than or equal to the Network Upgrades Amount in order to designate Parties shall amend this Agreement as a Network Resource; consistent with such agreement. If the Parties are unable to reach agreement on the method and amount of payment or reimbursement of the Excess DNR Costs within fifteen (c) if a transmission service study is required, thirty (3015) days following of PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms DNR Costs Notice, then this Agreement shall terminate in accordance with the network upgrades costs are estimated DNR Termination Notice.
4.2.4 If PacifiCorp terminates this Agreement pursuant to be greater Section 4.2.2, then all further obligations of the Parties under this Agreement (other than the Network Upgrades Amount in order provisions which by their terms are intended to designate survive the termination of this Agreement as a Network Resource and Seller has not received a notice Agreement) shall be terminated without further liability of either Party to the other Party. Under no circumstances shall either Party have any liability to the other Party due to PacifiCorp exercising its termination by PacifiCorp under this Sectionright pursuant to Section 4.2.
Appears in 1 contract
Samples: Energy Storage Agreement
Designation as Network Resource; Termination Right. 4.2.1 Within five (5) Business Days following the Effective Date, PacifiCorp will submit an application to the Network Service Provider requesting designation of this Agreement as a Network Resource, thereby authorizing transmission service under PacifiCorp’s Network Integration Transmission Service Agreement with the Network Service Provider.
4.2.2 Notwithstanding anything to the contrary in this Agreement, PacifiCorp shall have the right to terminate this Agreement if the Network Service Provider confirms through the Tariff study process that network upgrades will be required on the Network Service Provider’s transmission system in order to accept PacifiCorp’s request to designate this Agreement as a Network Resource, and the estimated cost to PacifiCorp of such network upgrades are in excess of [ ] (the “Network Upgrades Amount”). The termination right under this Section 4.2.2 shall expire as follows: (a) thirty (30) days following PacifiCorp’s receipt of written notice from the Network Service Provider that no transmission service study will be necessary in connection with designating this Agreement as a Network Resource; (b) if a transmission service study is required, thirty (30) days following PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms the network upgrades costs are estimated to be less than or equal to the Network Upgrades Amount in order to designate this Agreement as a Network Resource; and (c) if a transmission service study is required, thirty (30) days following PacifiCorp’s receipt of a final transmission service study from the Network Service Provider that confirms the network upgrades costs are estimated to be greater than the Network Upgrades Amount in order to designate this Agreement as a Network Resource and Seller has not received a notice of termination by PacifiCorp under this SectionSection 4.2.2. If this Agreement is terminated pursuant to this Section 4.2.2, then PacifiCorp shall have no liability to Seller as a result thereof and neither Party will have any liability to the other Party with respect to the period following the effective date of such termination; provided, however, that this Agreement will remain in effect to the extent necessary to facilitate the settlement of all liabilities and obligations arising under this Agreement before the effective date of such termination.
Appears in 1 contract
Samples: Power Purchase Agreement
