Common use of Execution and Filing Clause in Contracts

Execution and Filing. The ISO will not tender the execution version or file an unexecuted version of the IA until it has confirmed receipt of the following (unless the grounds for the unexecuted filing is one of the requirements in this Section 40.21.3): (i) Interconnection Customer’s demonstration of continued Site Control pursuant to Section 40.5.5.1.5; and (ii) Interconnection Customer has provided the ISO and Connecting Transmission Owner with reasonable evidence that one or more of the following milestones in the development of the Facility, at the Interconnection Customer’s election, has been achieved (unless such milestone is inapplicable due to characteristics of the Facility): (a) the execution of a contract for the supply or transportation of fuel to the Generating Facility; (b) the execution of a contract for the supply of cooling water to the Generating Facility; (c) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Generating Facility; (d) execution of a contract (or comparable evidence) for the sale of electric energy or capacity from the Generating Facility; or (e) application for an air, water, or land use permit. The Interconnection Customer(s) shall either: (i) execute originals of the tendered execution version of the agreement, which number will be based on the number of parties to the agreement, and return them to the ISO and, as applicable, Connecting Transmission Owner, Affected System Operator, or Affected Transmission Owner; or (ii) request in writing that the ISO and, as applicable, Connecting Transmission Owner, Affected System Operator, or Affected Transmission Owner file with FERC the applicable agreement in unexecuted form. As soon as practicable, but not later than ten (10) Business Days after receiving either the executed originals of the tendered agreement from the other parties (if the agreement does not conform with a Commission-approved standard form of the agreement agreement) or the request to file the agreement unexecuted, the ISO and, if applicable, the Connecting Transmission Owner, Affected System Operator, or Affected Transmission Owner shall file the agreement with FERC. The ISO will draft the portions of the agreement and appendices that are in dispute and assume the burden of justifying any departure from the pro forma agreement and appendices. The ISO will provide its explanation of any matters as to which the Parties disagree and support for the costs that, as applicable, the Connecting Transmission Owner, Affected System Operator, or Affected Transmission Owner proposes to charge to the Interconnection Customer(s) under the agreement. An unexecuted agreement should contain terms and conditions deemed appropriate by the ISO for the Interconnection Request or XXXX-Only Request. The Connecting Transmission Owner, Affected System Operator, or Affected Transmission Owner, as applicable, 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 the design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted agreement, they may proceed pending Commission action.

Execution and Filing. The ISO will not tender Transmission Provider shall provide to Interconnection Customer and Transmission Owner a final GIA, and, as applicable, final FCA(s) and/or final MPFCA(s) prepared for execution by the execution version or file an unexecuted version parties within fifteen (15) Business Days after the completion of the IA until it has confirmed receipt negotiation process. Within thirty (30) Calendar Days of tender of the following final GIA, and, as applicable, final FCA(s) and final MPFCA(s), Within fifteen (unless the grounds for the unexecuted filing is one 15) Business Days after execution of the requirements in this Section 40.21.3): (i) GIA, Interconnection Customer’s demonstration Customer shall provide Transmission Provider reasonable evidence of continued Site Control unless the Interconnection Customer is exempt from this requirement pursuant to Section 40.5.5.1.5; and (ii) 5.1.2 of the GIP, in which case the Interconnection Customer has provided may instead elect to post $250,000, non-refundable additional security reasonably acceptable to Transmission Provider, which shall be applied toward future construction costs.Within one-hundred and eighty (180) Calendar Days after receipt of the ISO and Connecting final GIA Interconnection Customer shall provide Transmission Owner Provider with reasonable evidence that one or more of the following milestones in the development of the Facility, at the Interconnection Customer’s election, Generating Facility has been achieved achieved: (unless such milestone is inapplicable due to characteristics of the Facility): (ai) the execution of a contract for the supply or transportation of fuel to the Generating Facility; (bii) the execution of a contract for the supply of cooling water to the Generating Facility; (ciii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Generating Facility; (div) execution of a contract (or comparable evidence) for the sale of electric energy or capacity from the Generating Facility, or a statement signed by an authorized officer from or agent of Interconnection Customer attesting that Interconnection Customer owns the Generating Facility and it is required to serve load; or (ev) documentation of application for an state and local air, water, land or land use permitfederal nuclear permits and that the application is proceeding per regulations. The Interconnection Customer(s) Customer and Transmission Owner shall either: (i) execute the appropriate number of originals of the tendered execution version of the agreementGIA, which number will be based on the number of parties to the agreement, and return them to the ISO and, as applicable, Connecting FCA(s) and/or MPFCA(s) and either tender them to Transmission OwnerOwner for its execution, Affected System Operatorwhich shall then be returned to Transmission Provider, or Affected return them to Transmission OwnerProvider; or (ii) request in writing that Transmission Provider file with FERC the ISO GIA, and, as applicable, Connecting Transmission OwnerFCA(s) and/or MPFCA(s) in unexecuted form. If Interconnection Customer has neither executed the GIA, Affected System Operatorand, as applicable, FCA(s) and/or MPFCA(s), nor requested filing of the GIA, and, as applicable, FCA(s) and/or MPFCA(s) in unexecuted form within thirty (30) Calendar Days of tender of the final GIA, and, as applicable, final FCA(s) and final MPFCA(s), Interconnection Customer shall be deemed to have withdrawn its Interconnection Request. The Interconnection Customer’s thirty (30) Calendar Day deadline for execution will not reset in the event that an additional change is made to the GIA, FCA, or Affected MPFCA after circulation for execution. Within thirty (30) Calendar Days following execution of the GIA, and, as applicable, FCA(s) and/or MPFCA(s) by Interconnection Customer, or a request by Interconnection Customer that the GIA, and, as applicable, FCA(s) and/or MPFCA(s) be filed unexecuted pursuant to Section 11.2, Transmission Owner shall either (i) execute the tendered GIA, and, as applicable, FCA(s) and/or MPFCA(s) and tender them to Transmission Provider for its execution, or (ii) request in writing that Transmission Provider file with FERC the applicable agreement GIA, and, as applicable, FCA(s) and/or MPFCA(s) in unexecuted form. As WithinAs soon as practicable, but not later than ten (10) Business Days after receiving from the Interconnection Customer(s) and the Transmission Owner either the executed originals of the tendered agreement from the other parties (if the agreement does not conform with a Commission-approved standard form of the agreement agreementGIA, and, as applicable, FCA(s) and/or MPFCA(s) or the request to file the agreement unexecutedan unexecuted GIA, the ISO and, if as applicable, the Connecting FCA(s) and/or MPFCA(s), Transmission Owner, Affected System Operator, or Affected Transmission Owner Provider shall file the agreement GIA, and, as applicable, FCA(s) and/or MPFCA(s) with FERC. The ISO will draft the portions of the agreement and appendices that are in dispute and assume the burden of justifying any departure from the pro forma agreement and appendices. The ISO will provide , together with its explanation of any matters as to which the Parties Interconnection Customer, Transmission Owner and Transmission Provider disagree and support for the costs that, as applicable, the Connecting Transmission Owner, Affected System Operator, or Affected that Transmission Owner proposes to charge to the Interconnection Customer(s) Customer under the agreementGIA, and, as applicable, FCA(s) and/or MPFCA(s). An unexecuted agreement GIA, and, as applicable, FCA(s) and/or MPFCA(s), should shall contain terms and conditions deemed appropriate by the ISO Transmission Provider for the Interconnection Request or XXXX-Only Request. The Connecting Transmission Owner, Affected System Operator, or Affected Transmission Owner, as applicable, 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 the design, procurement, and construction of facilities and upgrades under the agreed-upon terms of the unexecuted agreementGIA, and, as applicable, FCA(s) and/or MPFCA(s), they may proceed pending Commission action. Within fifteen (15) Business Days after execution of the GIA, Interconnection Customer shall provide Transmission Provider reasonable evidence of continued Site Control unless the Interconnection Customer is exempt from this requirement pursuant to Section 5.1.2 of the GIP, in which case the Interconnection Customer may instead elect to post $250,000, non-refundable additional security reasonably acceptable to Transmission Provider, which shall be applied toward future construction costs. Within one-hundred and eighty (180) Calendar Days after receipt of the final GIA Interconnection Customer shall provide Transmission Provider with reasonable evidence that one or more of the following milestones in the development of the Generating Facility has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of, the Generating Facility; (iv) execution of a contract for the sale of electric energy or capacity from the Generating Facility, or a statement signed by an authorized officer from or agent of Interconnection Customer attesting that Interconnection Customer owns the Generating Facility and it is required to serve load; or (v) documentation of application for state and local air, water, land or federal nuclear permits and that the application is proceeding per regulations.