Common use of Facility and Equipment Design and Construction Clause in Contracts

Facility and Equipment Design and Construction. a. Seller shall be obligated to design, construct, install, own, operate, and maintain Seller’s Facility and all equipment needed to generate and deliver Energy specified herein, except for any Special Facilities constructed, installed, and maintained by Company. Seller’s Facility and equipment shall meet all requirements of applicable codes, including, without limitation, those of IEEE, NEMA, ANSI, and NEC, and further, shall meet all requirements of any duly constituted regulatory authority having jurisdiction. Seller shall submit all specifications for Seller’s Facility and equipment, including System Protection Facilities, as defined in Article I and more fully described in Article V, Paragraph C(2) of this Agreement, to Company for review prior to connecting said Seller’s Facility and equipment to Company’s System. Company’s review of Seller’s specifications shall be construed neither as confirming nor as endorsing the design, nor as any warranty as to fitness, safety, durability, or reliability of Seller’s Facility or any of the equipment. Company shall not, by reasons of such review or failure to review, be responsible for strength, details of design, adequacy or capacity of Seller’s Facility or equipment, nor shall Company's acceptance be deemed to be an endorsement of any Facility or equipment. Seller agrees to make changes to its Interconnection Facilities as may be reasonably required to meet changing requirements of Company’s System. It is agreed that such necessary changes will be made by each Party to its facilities on its respective side of the Point of Interconnection, at its own expense. Company agrees to give Seller advance written notice of the time such changes are to be completed, and a reasonable opportunity for Seller to accomplish these changes. Contemporaneous with such notice, Company shall supply complete engineering information and specifications for Seller to use in determining what changes will be necessary on Seller’s side of the Point of Interconnection. b. Seller shall be obligated to construct, install, own and maintain any facilities on the Seller’s side of the Point of Interconnection, which may be required for Company to receive Energy from Seller’s Facility. Company’s Interconnection Facilities shall be of a size to accommodate the delivery of the power and Energy designated in Article II(B) of this Agreement. In the event it is necessary for Company to install any Special Facilities that are essential to accomplish the purposes of this Agreement, Company may, at its option, require a contribution, Facilities Charge, or other compensation to make such facilities available to Seller.

Facility and Equipment Design and Construction. a. Seller 6.1.1 The Generating Company's Facilities shall be obligated to design, construct, install, own, operate, and maintain Seller’s Facility and all equipment needed to generate and deliver Energy specified herein, except for any Special Facilities constructed, installed, and maintained by Company. Seller’s Facility and equipment shall meet satisfy all requirements of Transmission Provider, including applicable safety and/or engineering codes, including, without limitation, those of IEEE, NEMA, ANSI, and NEC, and further, shall meet all requirements of any duly duly-constituted regulatory authority having jurisdiction. Seller The Parties agree that the obligations of Generating Company contained in this Section have been met with regard to interconnections in place prior to January 1, 2001. 6.1.2 Unless otherwise agreed, Transmission Provider shall submit construct or have constructed and install all specifications Interconnection Equipment, Required System Upgrades, and Optional System Upgrades that will become part of the Transmission System and which are needed to interconnect the Facilities with the Transmission System. Transmission Provider's obligation to commence construction hereunder is expressly conditioned upon Generating Company's receipt of all necessary state, federal and local permits and approvals for Seller’s Facility the Facility. To the extent approved or required by FERC, Generating Company shall pay to Transmission Provider on a pay-as-you-go basis all of Transmission Provider's reasonable costs associated with constructing and installing such Interconnection Equipment, Required System Upgrades, and Optional System Upgrades, including legal and other fees and expenses associated with acquiring the necessary legal rights to construct, place and maintain such Interconnection Equipment, Required System Upgrades, and Optional System Upgrades. Transmission Provider shall own such Interconnection Equipment, Required System Upgrades, and Optional System Upgrades and, if necessary, Generating Company shall transfer ownership and rights to such Interconnection Equipment, Required System Upgrades, and Optional System Upgrades to Transmission Provider. 6.1.3 If Generating Company constructs and installs such Interconnection Equipment, Required System Upgrades, and Optional System Upgrades that will become part of the Transmission System, Generating Company shall transfer to Transmission Provider ownership of such Interconnection Equipment, Required System Upgrades, and Optional System Upgrades together with all legal rights necessary to construct, place and maintain such transmission -related facilities and equipment. Generating Company shall bear the cost of constructing, installing such facilities to the extent required or approved by FERC. 6.1.4 Transmission Provider may prior to placing in service such transmission-related facilities and equipment, including elect to pay some or all costs associated with the construction and placement of such Interconnection Equipment, Required System Protection FacilitiesUpgrades, as defined in Article I and more fully described in Article VOptional System Upgrades. If Transmission Provider makes such election, Paragraph C(2) of this Agreement, to it shall reimburse Generating Company for review prior any payments Generating Company may have made to connecting said Seller’s Facility and equipment to Company’s System. Company’s review of Seller’s specifications shall be construed neither as confirming nor as endorsing the designTransmission Provider for such Interconnection Equipment, nor as any warranty as to fitness, safety, durability, or reliability of Seller’s Facility or any of the equipment. Company shall not, by reasons of such review or failure to review, be responsible for strength, details of design, adequacy or capacity of Seller’s Facility or equipment, nor shall Company's acceptance be deemed to be an endorsement of any Facility or equipment. Seller agrees to make changes to its Interconnection Facilities as may be reasonably required to meet changing requirements of Company’s System. It is agreed that such necessary changes will be made by each Party to its facilities on its respective side of the Point of Interconnection, at its own expense. Company agrees to give Seller advance written notice of the time such changes are to be completedRequired System Upgrades, and a reasonable opportunity for Seller to accomplish these changes. Contemporaneous with such noticeOptional System Upgrades, Company shall supply complete engineering information and specifications for Seller to use in determining what changes will be necessary on Seller’s side of the Point of Interconnectionplus interest. b. Seller shall be obligated to construct, install, own and maintain any facilities on the Seller’s side of the Point of Interconnection, which may be required for Company to receive Energy from Seller’s Facility. Company’s Interconnection Facilities shall be of a size to accommodate the delivery of the power and Energy designated in Article II(B) of this Agreement. In the event it is necessary for Company to install any Special Facilities that are essential to accomplish the purposes of this Agreement, Company may, at its option, require a contribution, Facilities Charge, or other compensation to make such facilities available to Seller.

Facility and Equipment Design and Construction. a. Seller The SO shall be obligated to design, construct, install, own, operate, operate and maintain Sellerthe SO’s Facility and all equipment needed to generate and deliver Energy specified hereinpower, except for any Special Facilities constructed, installed, installed and maintained by Companythe Company pursuant to Appendix C (Special Facilities), which is attached hereto. SellerThe SO’s Facility and equipment shall meet all requirements of applicable codes, including, without limitation, those of IEEE, NEMA, ANSI, and NEC, and further, shall meet all requirements of any duly constituted regulatory authority having jurisdiction. Seller The SO shall submit all specifications for Sellerthe SO’s Facility and equipment, including System Protection Facilities, as defined in Article I and more fully described in Article VIV, Paragraph C(2C(1) of this Agreement, to the Company for review prior to connecting the said SellerSO’s Facility and equipment to the Company’s System. The Company’s review of Sellerthe SO’s specifications shall be construed neither as confirming nor as endorsing the design, nor as any warranty as to fitness, safety, durability, durability or reliability of Sellerthe SO’s Facility or any of the equipment. The Company shall not, by reasons of such review or failure to review, be responsible for strength, details of design, adequacy or capacity of Sellerthe SO’s Facility or equipment, nor shall the Company's acceptance be deemed to be an endorsement of any Facility or equipment. Seller The SO agrees to make changes to its Interconnection Facilities as may be reasonably required to meet changing requirements of the Company’s System. It is agreed that such necessary changes will be made by each Party to its facilities on its respective side of the Point of InterconnectionCommon Coupling, at its own expense. The Company agrees to give Seller the SO advance written notice of the time such changes are to be completed, and a reasonable opportunity for Seller the SO to accomplish these changes. Contemporaneous with such notice, the Company shall supply complete engineering information and specifications for Seller the SO to use in determining what changes will be necessary on Sellerthe SO’s side of the Point of InterconnectionCommon Coupling. b. Seller The SO shall be obligated to construct, install, own and maintain any facilities on the SellerSO’s side of the Point of InterconnectionCommon Coupling, which may be required for Company to receive Energy from Seller’s Facilityoperate in parallel with the Company. The Company’s Interconnection Facilities shall be of a size to accommodate the delivery of the power and Energy designated kW amount referred to in Article II(BIII (A) of this Agreement. In the event it is necessary for the Company to install any Special Facilities that are essential to accomplish the purposes of this Agreement, the Company may, at its option, require a contribution, Facilities Chargefacilities charge, or other compensation to make such facilities available to Sellerthe SO.