Common use of General Conditions Applicable to Network Upgrade Facilities Constructed by Transmission Developer Clause in Contracts

General Conditions Applicable to Network Upgrade Facilities Constructed by Transmission Developer. ‌ As Transmission Developer is responsible for the design, procurement and construction of the Network Upgrade Facilities as set forth in Appendix A, the following conditions apply: 5.2.1 Transmission Developer shall engineer, procure equipment, and construct the Network Upgrade Facilities (or portions thereof) using Good Utility Practice and using standards and specifications provided by the Connecting Transmission Owner; 5.2.2 Transmission Developer’s engineering, procurement and construction of the Network Upgrade Facilities shall comply with all requirements of law to which Connecting Transmission Owner would otherwise have been subject in the engineering, procurement or construction of the Network Upgrade Facilities; 5.2.3 Connecting Transmission Owner shall review and approve the engineering design, equipment acceptance tests, and the construction of the Network Upgrade Facilities; 5.2.4 Prior to commencement of construction, Transmission Developer shall provide to Connecting Transmission Owner and NYISO a schedule for construction of the Network Upgrade Facilities, and shall promptly respond to requests for information from Connecting Transmission Owner or NYISO; 5.2.5 At any time during construction, Connecting Transmission Owner shall have the right to gain unrestricted access to the Network Upgrade Facilities and to conduct inspections of the same; 5.2.6 At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Network Upgrade Facilities not meet the standards and specifications provided by Connecting Transmission Owner, the Transmission Developer shall be obligated to remedy deficiencies in that portion of the Network Upgrade Facilities to Connecting Transmission Owner’s satisfaction; 5.2.7 Transmission Developer shall indemnify Connecting Transmission Owner and NYISO for claims arising from the Transmission Developer’s construction of Network Upgrade Facilities under procedures applicable to Article 18.1 Indemnity; 5.2.8 Transmission Developer shall transfer control of Network Upgrade Facilities to the Connecting Transmission Owner as specified in Appendix C; 5.2.9 Transmission Developer shall transfer ownership of the Network Upgrade Facilities to Connecting Transmission Owner as specified in Appendix C; 5.2.10 Connecting Transmission Owner shall approve and accept for operation and maintenance the Network Upgrade Facilities as specified in Appendix C, to the extent engineered, procured, and constructed in accordance with this Article 5.2; 5.2.11 Transmission Developer shall deliver to NYISO and Connecting Transmission Owner “as built” drawings, information, and any other documents that are reasonably required by NYISO or Connecting Transmission Owner to assure that the Network Upgrade Facilities are built to the standards and specifications required by Connecting Transmission Owner; and 5.2.12 The Transmission Developer shall be responsible for the costs that Connecting Transmission Owner incurs in executing the responsibilities enumerated to Connecting Transmission Owner under Article 5.2. The Connecting Transmission Owner shall invoice Transmission Developer for such costs pursuant to Article 12.

General Conditions Applicable to Network Upgrade Facilities Constructed by Transmission Developer. ‌ As Transmission Developer is responsible for the design, procurement and construction of the Network Upgrade Facilities as set forth in Appendix A, the following conditions apply: 5.2.1 Transmission Developer shall engineer, procure equipment, and construct the Network Upgrade Facilities (or portions thereof) using Good Utility Practice and using standards and specifications provided by the Connecting Transmission Owner; 5.2.2 Transmission Developer’s engineering, procurement and construction of the Network Upgrade Facilities shall comply with all requirements of law to which Connecting Transmission Owner would otherwise have been subject in the engineering, procurement or construction of the Network Upgrade Facilities; 5.2.3 Connecting Transmission Owner shall review and approve the engineering design, equipment acceptance tests, and the construction of the Network Upgrade Facilities; 5.2.4 Prior to commencement of construction, Transmission Developer shall provide to Connecting Transmission Owner and NYISO a schedule for construction of the Network Upgrade Facilities, and shall promptly respond to requests for information from Connecting Transmission Owner or NYISO; 5.2.5 At any time during construction, Connecting Transmission Owner shall have the right to gain unrestricted access to the Network Upgrade Facilities and to conduct inspections of the same; 5.2.6 At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Network Upgrade Facilities not meet the standards and specifications provided by Connecting Transmission Owner, the Transmission Developer shall be obligated to remedy deficiencies in that portion of the Network Upgrade Facilities to Connecting Transmission Owner’s satisfaction; 5.2.7 Transmission Developer shall indemnify Connecting Transmission Owner and NYISO for claims arising from the Transmission Developer’s construction of Network Upgrade Facilities under procedures applicable to Article 18.1 Indemnity; 5.2.8 Transmission Developer shall transfer control of Network Upgrade Facilities to the Connecting Transmission Owner as specified in Appendix COwner; 5.2.9 Transmission Developer shall transfer ownership of the Network Upgrade Facilities to Connecting Transmission Owner as specified in Appendix COwner; 5.2.10 Connecting Transmission Owner shall approve and accept for operation and maintenance the Network Upgrade Facilities as specified in Appendix C, to the extent engineered, procured, and constructed in accordance with this Article 5.2; 5.2.11 Transmission Developer shall deliver to NYISO and Connecting Transmission Owner “as built” drawings, information, and any other documents that are reasonably required by NYISO or Connecting Transmission Owner to assure that the Network Upgrade Facilities are built to the standards and specifications required by Connecting Transmission Owner; and 5.2.12 The Transmission Developer shall be responsible for the costs that Connecting Transmission Owner incurs in executing the responsibilities enumerated to Connecting Transmission Owner under Article 5.2. The Connecting Transmission Owner shall invoice Transmission Developer for such costs pursuant to Article 12.12.‌‌

General Conditions Applicable to Network Upgrade Facilities Constructed by Transmission Developer. ‌ As Transmission Developer is responsible for the design, procurement and construction of the Network Upgrade Facilities as set forth in Appendix A, the following conditions apply: 5.2.1 Transmission Developer shall engineer, procure equipment, and construct the Network Upgrade Facilities (or portions thereof) using Good Utility Practice and using standards and specifications provided by the Connecting Transmission Owner; 5.2.2 Transmission Developer’s engineering, procurement and construction of the Network Upgrade Facilities shall comply with all requirements of law to which Connecting Transmission Owner would otherwise have been subject in the engineering, procurement or construction of the Network Upgrade Facilities; 5.2.3 Connecting Transmission Owner shall review and approve the engineering design, equipment acceptance tests, and the construction of the Network Upgrade Facilities; 5.2.4 Prior to commencement of construction, Transmission Developer shall provide to Connecting Transmission Owner and NYISO a schedule for construction of the Network Upgrade Facilities, and shall promptly respond to requests for information from Connecting Transmission Owner or NYISO; 5.2.5 At any time during construction, Connecting Transmission Owner shall have the right to gain unrestricted access to the Network Upgrade Facilities and to conduct inspections of the same; 5.2.6 At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Network Upgrade Facilities not meet the standards and specifications provided by Connecting Transmission Owner, the Transmission Developer shall be obligated to remedy deficiencies in that portion of the Network Upgrade Facilities to Connecting Transmission Owner’s satisfaction; 5.2.7 Transmission Developer shall indemnify Connecting Transmission Owner and NYISO for claims arising from the Transmission Developer’s construction of Network Upgrade Facilities under procedures applicable to Article 18.1 Indemnity; 5.2.8 Transmission Developer shall transfer control of Network Upgrade Facilities to the Connecting Transmission Owner as specified in Appendix COwner; 5.2.9 Transmission Developer shall transfer ownership of the Network Upgrade Facilities to Connecting Transmission Owner as specified in Appendix COwner; 5.2.10 Connecting Transmission Owner shall approve and accept for operation and maintenance the Network Upgrade Facilities as specified in Appendix C, to the extent engineered, procured, and constructed in accordance with this Article 5.2; 5.2.11 Transmission Developer shall deliver to NYISO and Connecting Transmission Owner “as built” drawings, information, and any other documents that are reasonably required by NYISO or Connecting Transmission Owner to assure that the Network Upgrade Facilities are built to the standards and specifications required by Connecting Transmission Owner; and 5.2.12 The Transmission Developer shall be responsible for the costs that Connecting Transmission Owner incurs in executing the responsibilities enumerated to Connecting Transmission Owner under Article 5.2. The Connecting Transmission Owner shall invoice Transmission Developer for such costs pursuant to Article 12.

General Conditions Applicable to Network Upgrade Facilities Constructed by Transmission Developer. ‌ As Transmission Developer is responsible for the design, procurement and construction of the Network Upgrade Facilities as set forth in Appendix A, the following conditions apply: 5.2.1 : Transmission Developer shall engineer, procure equipment, and construct the Network Upgrade Facilities (or portions thereof) using Good Utility Practice and using standards and specifications provided by the Connecting Transmission Owner; 5.2.2 ; Transmission Developer’s engineering, procurement and construction of the Network Upgrade Facilities shall comply with all requirements of law to which Connecting Transmission Owner would otherwise have been subject in the engineering, procurement or construction of the Network Upgrade Facilities; 5.2.3 ; Connecting Transmission Owner shall review and approve the engineering design, equipment acceptance tests, and the construction of the Network Upgrade Facilities; 5.2.4 ; Prior to commencement of construction, Transmission Developer shall provide to Connecting Transmission Owner and NYISO a schedule for construction of the Network Upgrade Facilities, and shall promptly respond to requests for information from Connecting Transmission Owner or NYISO; 5.2.5 ; At any time during construction, Connecting Transmission Owner shall have the right to gain unrestricted access to the Network Upgrade Facilities and to conduct inspections of the same; 5.2.6 ; At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Network Upgrade Facilities not meet the standards and specifications provided by Connecting Transmission Owner, the Transmission Developer shall be obligated to remedy deficiencies in that portion of the Network Upgrade Facilities to Connecting Transmission Owner’s satisfaction; 5.2.7 ; Transmission Developer shall indemnify Connecting Transmission Owner and NYISO for claims arising from the Transmission Developer’s construction of Network Upgrade Facilities under procedures applicable to Article 18.1 Indemnity; 5.2.8 ; Transmission Developer shall transfer control of Network Upgrade Facilities to the Connecting Transmission Owner as specified in Appendix C; 5.2.9 ; Transmission Developer shall transfer ownership of the Network Upgrade Facilities to Connecting Transmission Owner as specified in Appendix C; 5.2.10 ; Connecting Transmission Owner shall approve and accept for operation and maintenance the Network Upgrade Facilities as specified in Appendix C, to the extent engineered, procured, and constructed in accordance with this Article 5.2; 5.2.11 ; Transmission Developer shall deliver to NYISO and Connecting Transmission Owner “as built” drawings, information, and any other documents that are reasonably required by NYISO or Connecting Transmission Owner to assure that the Network Upgrade Facilities are built to the standards and specifications required by Connecting Transmission Owner; and 5.2.12 and The Transmission Developer shall be responsible for the costs that Connecting Transmission Owner incurs in executing the responsibilities enumerated to Connecting Transmission Owner under Article 5.2. The Connecting Transmission Owner shall invoice Transmission Developer for such costs pursuant to Article 12.