Common use of Execution and Filing Clause in Contracts

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed LGIA, the Developer shall provide the ISO and Connecting Transmission Owner (A) reasonable evidence of continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Owner, which shall be applied toward future construction costs. At the same time, the Developer also shall provide the ISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer shall either: (i) execute three (3) originals of the tendered LGIA and return them to the ISO and Connecting Transmission Owner; or (ii) request in writing that the ISO and Connecting Transmission Owner file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a Commission-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO and Connecting Transmission Owner shall file the LGIA with FERC. The ISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO will provide its explanation of any matters as to which the Parties disagree and support for the costs that the Connecting Transmission Owner proposes to charge to the Developer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed LGIA, the Developer shall provide the ISO NYISO and Connecting Transmission Owner (A) reasonable evidence of continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Owner, which shall be applied toward future construction costs. At the same time, the Developer also shall provide the ISO NYISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer shall either: (i) execute three (3) originals of the tendered LGIA Standard Large Generator Interconnection Agreement and return them to the ISO NYISO and Connecting Transmission Owner; or (ii) request in writing that the ISO NYISO and Connecting Transmission Owner file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a Commission-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO NYISO and Connecting Transmission Owner shall file the LGIA with FERC. The ISO NYISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO NYISO will provide its explanation of any matters as to which the Parties disagree and support for the costs that the Connecting Transmission Owner proposes to charge to the Developer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO NYISO for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed final LGIA, the Developer Interconnection Customer shall provide the ISO and Connecting Transmission Owner Provider (A) reasonable evidence of that continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Ownersecurity, which shall be applied toward future construction costs. At the same time, the Developer Interconnection Customer also shall provide the ISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer Interconnection Customer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer Interconnection Customer shall either: (i) execute three (3) two originals of the tendered LGIA and return them to the ISO and Connecting Transmission OwnerProvider; or (ii) request in writing that the ISO and Connecting Transmission Owner Provider file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a CommissionFERC-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO and Connecting Transmission Owner Provider shall file the LGIA with FERC. The ISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO will provide , together with its explanation of any matters as to which the Parties Interconnection Customer and Transmission Provider disagree and support for the costs that the Connecting Transmission Owner Provider proposes to charge to the Developer Interconnection Customer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO Transmission Provider for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission FERC action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed LGIA, the Developer shall provide the ISO NYISOISO and Connecting Transmission Owner (A) reasonable evidence of continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Owner, which shall be applied toward future construction costs. At the same time, the Developer also shall provide the ISO NYISOISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer shall either: (i) execute three (3) originals of the tendered LGIA Standard Large Generator Interconnection AgreementLGIA and return them to the ISO NYISOISO and Connecting Transmission Owner; or (ii) request in writing that the ISO NYISOISO and Connecting Transmission Owner file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a Commission-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO NYISOISO and Connecting Transmission Owner shall file the LGIA with FERC. The ISO NYISOISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO NYISOISO will provide its explanation of any matters as to which the Parties disagree and support for the costs that the Connecting Transmission Owner proposes to charge to the Developer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO NYISOISO for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed LGIAfinal LGIALGIA-OR, the Developer Interconnection Customer shall provide the ISO and Connecting Transmission Owner Provider (A) reasonable evidence of that continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Ownersecurity, which shall be applied toward future construction costs. At the same time, the Developer Interconnection Customer also shall provide the ISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer Interconnection Customer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer Interconnection Customer shall either: (i) execute three (3) two originals of the tendered LGIA LGIALGIA-OR and return them to the ISO and Connecting Transmission OwnerProvider; or (ii) request in writing that the ISO and Connecting Transmission Owner Provider file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a CommissionFERC-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO and Connecting Transmission Owner Provider shall file the LGIA with FERC. The ISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO will provide , together with its explanation of any matters as to which the Parties Interconnection Customer and Transmission Provider disagree and support for the costs that the Connecting Transmission Owner Provider proposes to charge to the Developer Interconnection Customer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO Transmission Provider for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission FERC action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the final executed LGIA, the Developer shall provide the ISO NYISO and Connecting Transmission Owner (A) reasonable evidence of continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Owner, which shall be applied toward future construction costs. At the same time, the Developer also shall provide the ISO NYISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer shall either: (i) execute two three (3) originals of the tendered LGIA Standard Large Generator Interconnection Agreement and return them to the ISO NYISO and Connecting Transmission Owner; or (ii) request in writing that the ISO NYISO and Connecting Transmission Owner file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a Commission-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO NYISO and Connecting Transmission Owner shall file the LGIA with FERC. The ISO NYISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO NYISO will provide its explanation of any matters as to which the Parties disagree and support for the costs that the Connecting Transmission Owner proposes to charge to the Developer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO NYISO for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed final LGIA, the Developer Interconnection Customer shall provide the ISO and Connecting Transmission Owner Provider (A) reasonable evidence of that continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Ownersecurity, which shall be applied toward future construction costs. At the same time, the Developer Interconnection Customer also shall provide the ISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer Interconnection Customer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer Interconnection Customer shall either: (i) execute three (3) two originals of the tendered LGIA and return them to the ISO and Connecting Transmission OwnerProvider; or (ii) request in writing that the ISO and Connecting Transmission Owner Provider file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a Commission-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO and Connecting Transmission Owner Provider shall file the LGIA with FERC. The ISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO will provide , together with its explanation of any matters as to which the Parties Interconnection Customer and the Transmission Provider disagree and support for the costs that the Connecting Transmission Owner Provider proposes to charge to the Developer Interconnection Customer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO Transmission Provider for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed final LGIA, the Developer Interconnection Customer shall provide the ISO and Connecting Transmission Owner Provider (A) reasonable evidence of ofthat continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Ownersecurity, which shall be applied toward future construction costs. At the same time, the Developer Interconnection Customer also shall provide the ISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer Interconnection Customer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer Interconnection Customer shall either: (i) execute three (3) two originals of the tendered LGIA and return them to the ISO and Connecting Transmission OwnerProvider; or (ii) request in writing that the ISO and Connecting Transmission Owner Provider file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a CommissionFERC-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO and Connecting Transmission Owner Provider shall file the LGIA with FERC. The ISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO will provide , together with its explanation of any matters as to which the Parties disagree Interconnection Customer and Transmission Provider disagree.. and support for the costs that the Connecting Transmission Owner Provider proposes to charge to the Developer Interconnection Customer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO Transmission Provider for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission FERC action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed final LGIA, the Developer Interconnection Customer shall provide the ISO and Connecting Transmission Owner Provider (A) reasonable evidence of continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Ownersecurity, which shall be applied toward future construction costs. At the same time, the Developer Interconnection Customer also shall provide the ISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer Interconnection Customer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer Interconnection Customer shall either: (i) execute three (3) two originals of the tendered LGIA and return them to the ISO and Connecting Transmission OwnerProvider; or (ii) request in writing that the ISO and Connecting Transmission Owner Provider file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a CommissionFERC-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO and Connecting Transmission Owner Provider shall file the LGIA with FERC. The ISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO will provide , together with its explanation of any matters as to which the Parties disagree Interconnection Customer and support for the costs that the Connecting Transmission Owner proposes to charge to the Developer under the LGIA. Provider disagree.. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO Transmission Provider for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission FERC action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed final LGIA, the Developer Interconnection Customer shall provide the ISO and Connecting Transmission Owner Provider (A) reasonable evidence of continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Ownersecurity, which shall be applied toward future construction costs. At the same time, the Developer Interconnection Customer also shall provide the ISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer Interconnection Customer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer Interconnection Customer shall either: (i) execute three (3) two originals of the tendered LGIA and return them to the ISO and Connecting Transmission OwnerProvider; or (ii) request in writing that the ISO and Connecting Transmission Owner Provider file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a Commission-FERC- approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO and Connecting Transmission Owner Provider shall file the LGIA with FERC. The ISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO will provide , together with its explanation of any matters as to which the Parties disagree Interconnection Customer and support for the costs that the Connecting Transmission Owner proposes to charge to the Developer under the LGIA. Provider disagree.. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO Transmission Provider for the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission FERC action.

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed final QF-LGIA, and prior to execution of the Developer final QF-LGIA, Interconnection Customer shall provide the ISO and Connecting Transmission Owner Provider with (Ai) reasonable evidence demonstration of continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Owner, which shall be applied toward future construction costspursuant to Article 3.3.1(iii)(a). At the same time, if the Developer Interconnection Customer has selected Network Resource Interconnection Service, Interconnection Customer also shall provide the ISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer Interconnection Customer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract (or comparable evidence) for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. If the Interconnection Customer has selected Energy Resource Interconnection Service, Interconnection Customer shall provide reasonable evidence in the form of an attestation that it has executed a non-standard Qualifying Facility contract for the sale of electric energy or capacity from the Large Generating Facility. The Developer shall either: attestation must be signed by the Interconnection Customer and the counterparty to the non-standard Qualifying Facility contract. If Interconnection Customer has not executed the QF-LGIA, or initiated Dispute Resolution procedures pursuant to Article 13.4 within one hundred twenty (i120) execute three (3) originals Calendar Days of tender of the tendered LGIA and return them to the ISO and Connecting Transmission Owner; or (ii) request in writing that the ISO and Connecting Transmission Owner file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a Commissionfinal QF-approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO and Connecting Transmission Owner it shall file the LGIA with FERC. The ISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO will provide be deemed to have withdrawn its explanation of any matters as to which the Parties disagree and support for the costs that the Connecting Transmission Owner proposes to charge to the Developer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by the ISO for Interconnection Request, provided however, the Interconnection Request. The Connecting Customer and Transmission Owner will provide in the filing any comments it has on the unexecuted agreement, including any alternative positions, it Provider may have with respect to the disputed provisions. If the Parties agree to proceed with design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted LGIA, they may proceed pending Commission action.additional thirty

Execution and Filing. Within fifteen (15) Business Days after receipt of the executed final LGIA, the Developer Interconnection Customer shall provide the ISO and Connecting Transmission Owner Provider (A) reasonable evidence of that continued Site Control or (B) posting of $250,000, non-refundable additional security with the Connecting Transmission Ownersecurity, which shall be applied toward future construction costs. At the same time, the Developer Interconnection Customer also shall provide the ISO and Connecting Transmission Owner reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Developer Interconnection Customer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility; or (v) application for an air, water, or land use permit. The Developer Interconnection Customer shall either: (i) execute three (3) two originals of the tendered LGIA and return them to the ISO and Connecting Transmission OwnerProvider; or (ii) request in writing that the ISO and Connecting Transmission Owner Provider file with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the two executed originals of the tendered LGIA (if it does not conform with a Commission-FERC- approved standard form of interconnection agreement) or the request to file an unexecuted LGIA, the ISO and Connecting Transmission Owner Provider shall file the LGIA with FERC. The ISO will draft the portions of the LGIA and appendices that are in dispute and assume the burden of justifying any departure from the pro forma LGIA and appendices. The ISO will provide , together with its explanation of any matters as to which the Parties Interconnection Customer and Transmission Provider disagree and support for the costs that the Connecting Transmission Owner Provider proposes to charge to the Developer Interconnection Customer under the LGIA. An unexecuted LGIA should contain terms and conditions deemed appropriate by Southwest Power Pool First Revised Sheet No. 297 FERC Electric Tariff Superseding Original Sheet No. 297 Fourth Revised Volume No. 1 of Transmission Provider. At other times, Transmission Provider may also utilize a third party consultant to perform such Interconnection Study, either in response to a general request of Interconnection Customer, or on its own volition. In all cases, use of a third party consultant shall be in accord with Article 26 of the ISO LGIA (Subcontractors) and limited to situations where Transmission Provider determines that doing so will help maintain or accelerate the study process for Interconnection Customer's pending Interconnection Request and not interfere with Transmission Provider's progress on Interconnection Studies for other pending Interconnection Requests. In cases where Interconnection Customer requests use of a third party consultant to perform such Interconnection Study, Interconnection Customer and Transmission Provider shall negotiate all of the Interconnection Request. The Connecting Transmission Owner will provide in the filing any comments it has on the unexecuted agreementpertinent terms and conditions, including any alternative positionsreimbursement arrangements and the estimated study completion date and study review deadline. Transmission Provider shall convey all workpapers, it may have data bases, study results and all other supporting documentation prepared to date with respect to the disputed provisionsInterconnection Request as soon as practicable upon Interconnection Customer's request subject to the confidentiality provision in Section 13.1. If In any case, such third party contract may be entered into with either Interconnection Customer or Transmission Provider at Transmission Provider's discretion. In the Parties agree case of (iii) Interconnection Customer maintains its right to proceed submit a claim to Dispute Resolution to recover the costs of such third party study. Such third party consultant shall be required to comply with designthis LGIP, procurementArticle 26 of the LGIA (Subcontractors), and construction the relevant Tariff procedures and protocols as would apply if Transmission Provider were to conduct the Interconnection Study and shall use the information provided to it solely for purposes of facilities performing such services and upgrades under for no other purposes. Transmission Provider shall cooperate with such third party consultant and Interconnection Customer to complete and issue the agreed-upon terms of Interconnection Study in the unexecuted LGIA, they may proceed pending Commission actionshortest reasonable time.