Common use of General Obligations of the Parties Clause in Contracts

General Obligations of the Parties. 3.01 The Az ISA shall perform all obligations and responsibilities assigned to it pursuant to the Bylaws, the PM and this Agreement. Notwithstanding the foregoing, including the provisions of Section 16 (Supremacy Clause), the Az ISA shall implement the PM in accordance with the schedule contemplated in the Implementation Plan. 3.02 Subject to the provisions of Section 3.01, the TP shall perform all obligations and responsibilities assigned to it pursuant to the Bylaws, the PM, and this Agreement, including, without limitation, the obligation to make any payments when due. 3.03 Subject to the provisions of Section 3.01, each SC shall perform all obligations and responsibilities assigned to it pursuant to the Bylaws, the PM, and this Agreement, including, without limitation, the obligation to make any payments when due under this Agreement, the TP’s OATT or other tariff, and Rate Schedule 1. 3.04 Each entity that chooses to serve retail customers in Arizona as an SC shall (a) satisfy the SC requirements provided in Section 7 (SC Responsibilities), (b) meet the eligibility and creditworthiness requirements set forth in the TP’s OATT or other tariff, and (c) execute a service agreement for RNITS and take service in accordance with the TP’s OATT or other tariff. If the entity fails to execute a service agreement under the TP’s OATT or other tariff, then the TP shall not provide service to said SC unless the TP first files an unexecuted service agreement under said OATT or tariff with FERC for service to that SC. 3.05 The TP shall continue to provide safe and reliable electric service to the public and to perform the obligations under existing transmission contracts, including assuring suitable use of their individual transmission facilities to attain and maintain compliance with this obligation. The Parties agree that the rights and obligations of transmission customers requesting and receiving wholesale transmission service and the TP providing said service are defined by the TP’s OATT or other tariff and that neither the PM nor this Agreement (a) shall modify the manner in which wholesale transmission service is requested or provided pursuant to the TP’s OATT or other tariff; or (b) affect the rights or obligations of customers with Existing Agreements.

Appears in 2 contracts

Samples: Isa Sc Tp Agreement, Isa Sc Tp Agreement

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General Obligations of the Parties. 3.01 The Subject to the provisions of Section 26 (Phased Implementation), the Az ISA shall perform all obligations and responsibilities assigned to it pursuant to the Bylaws, the PM and this Agreement. Notwithstanding the foregoing, including the provisions of Section 16 (Supremacy Clause), the Az ISA shall implement the PM in accordance with the schedule contemplated in the Implementation Plan. 3.02 Subject to the provisions of Section 3.0126 (Phased Implementation), the TP shall perform all obligations and responsibilities assigned to it pursuant to the Bylaws, the PM, and this Agreement, including, without limitation, the obligation to make any payments when due. 3.03 Subject to the provisions of Section 3.01, The TP shall require each SC shall perform all obligations and responsibilities assigned to it that serves retail customers, pursuant to the BylawsTP’s retail access requirements, to take service under the PM, and this TP’s open access transmission tariff (“OATT”) or other tariff. 3.04 The TP shall neither accept a retail schedule for nor provide RNITS to an SC unless that SC has executed the ISA-SC-TP Agreement, including, without limitation, the obligation to make any payments when due under . 3.05 Upon FERC acceptance or approval of this Agreement, the TP’s OATT or other tariffISA-SC-TP Agreement, and Rate Schedule 1. 3.04 Each entity 1 and the PM, the TP shall charge each SC that chooses to serve receives transmission service for retail customers in Arizona as an SC shall (a) satisfy the SC requirements provided in Section 7 (SC Responsibilities), (b) meet the eligibility and creditworthiness requirements set forth in the TP’s OATT or other tariff, and (c) execute a service agreement for RNITS and take service in accordance with the TP’s OATT or other tariff. If the entity fails to execute a service agreement load served by those SCs under the TP’s OATT or other tariff, then the TP’s operating costs (“TPOC”) and 3.06 The TP, at its own expense, shall xxxx and collect from each SC the charges described in Rate Schedule 1. It is the Parties’ understanding that reasonable costs associated with said billing and collection shall be included by the TP as part of its revenue requirement. 3.07 The TP shall not provide apply its individual customer credit rating requirements, contained in its OATT or other tariff, to each SC taking service to said SC unless the TP first files an unexecuted service agreement under said OATT or tariff with FERC other tariff. When verifying the credit rating of said SC, the TP shall include in the amount for service which the credit is verified the charges to that SCbe imposed on the SC pursuant to Rate Schedule 1. 3.05 3.08 The TP shall continue to provide safe notify the Az ISA and reliable electric service to each of the public and to perform other Participating Utilities, in writing, in the obligations under existing transmission contracts, including assuring suitable use event an SC defaults on its payment of their individual transmission facilities to attain and maintain compliance with this obligation. the rates specified in Rate Schedule 1. 3.09 The Parties agree that the rights and obligations of transmission customers requesting and receiving wholesale transmission service and the TP providing said service are defined by the TP’s OATT or other tariff and that neither the PM nor this Agreement Agreement: (a) shall modify the manner in which wholesale transmission service is requested or provided pursuant to the TP’s OATT or other tariff; or (b) affect the rights or obligations of customers with Existing Agreements.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

General Obligations of the Parties. 3.01 The Subject to the provisions of Section 26 (Phased Implementation), the Az ISA shall perform all obligations and responsibilities assigned to it pursuant to the Bylaws, the PM and this Agreement. Notwithstanding the foregoing, including the provisions of Section 16 (Supremacy Clause), the Az ISA shall implement the PM in accordance with the schedule contemplated in the Implementation Plan. 3.02 Subject to the provisions of Section 3.0126 (Phased Implementation), the TP shall perform all obligations and responsibilities assigned to it pursuant to the Bylaws, the PM, and this Agreement, including, without limitation, the obligation to make any payments when due. 3.03 Subject to the provisions of Section 3.01, The TP shall require each SC shall perform all obligations and responsibilities assigned to it that serves retail customers, pursuant to the BylawsTP’s retail access requirements, to take service under the PM, and this TP’s open access transmission tariff (“OATT”) or other tariff. 3.04 The TP shall neither accept a retail schedule for nor provide RNITS to an SC unless that SC has executed the ISA-SC-TP Agreement, including, without limitation, the obligation to make any payments when due under . 3.05 Upon FERC acceptance or approval of this Agreement, the ISA-SC-TP Agreement, Rate Schedule 1 and the PM, the TP shall charge each SC that 3.06 The TP’s , at its own expense, shall bill and collect from each SC the charges described in Rate Schedule 1. It is the Parties’ understanding that reasonable costs associated with said billing and collection shall be included by the TP as part of its revenue requirement. 3.07 The TP shall apply its individual customer credit rating requirements, contained in its OATT or other tariff, and to each SC taking service under said OATT or other tariff. When verifying the credit rating of said SC, the TP shall include in the amount for which the credit is verified the charges to be imposed on the SC pursuant to Rate Schedule 1. 3.04 Each entity that chooses to serve retail customers in Arizona as an SC shall (a) satisfy the SC requirements provided in Section 7 (SC Responsibilities), (b) meet the eligibility and creditworthiness requirements set forth in the TP’s OATT or other tariff, and (c) execute a service agreement for RNITS and take service in accordance with the TP’s OATT or other tariff. If the entity fails to execute a service agreement under the TP’s OATT or other tariff, then the TP shall not provide service to said SC unless the TP first files an unexecuted service agreement under said OATT or tariff with FERC for service to that SC. 3.05 3.08 The TP shall continue to provide safe notify the Az ISA and reliable electric service to each of the public and to perform other Participating Utilities, in writing, in the obligations under existing transmission contracts, including assuring suitable use event an SC defaults on its payment of their individual transmission facilities to attain and maintain compliance with this obligation. the rates specified in Rate Schedule 1. 3.09 The Parties agree that the rights and obligations of transmission customers requesting and receiving wholesale transmission service and the TP providing said service are defined by the TP’s OATT or other tariff and that neither the PM nor this Agreement Agreement: (a) shall modify the manner in which wholesale transmission service is requested or provided pursuant to the TP’s OATT or other tariff; or (b) affect the rights or obligations of customers with Existing Agreements.

Appears in 1 contract

Samples: Transmission Provider Agreement

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General Obligations of the Parties. 3.01 The Subject to the provisions of Section 26 (Phased Implementation), the Az ISA shall perform all obligations and responsibilities assigned to it pursuant to the Bylaws, the PM and this Agreement. Notwithstanding the foregoing, including the provisions of Section 16 (Supremacy Clause), the Az ISA shall implement the PM in accordance with the schedule contemplated in the Implementation Plan. 3.02 Subject to the provisions of Section 3.0126 (Phased Implementation), the TP shall perform all obligations and responsibilities assigned to it pursuant to the Bylaws, the PM, and this Agreement, including, without limitation, the obligation to make any payments when due. 3.03 Subject to the provisions of Section 3.01, The TP shall require each SC shall perform all obligations and responsibilities assigned to it that serves retail customers, pursuant to the BylawsTP’s retail access requirements, to take service under the PM, and this TP’s open access transmission tariff (“OATT”) or other tariff. 3.04 The TP shall neither accept a retail schedule for nor provide RNITS to an SC unless that SC has executed the ISA-SC-TP Agreement, including, without limitation, the obligation to make any payments when due under . 3.05 Upon FERC acceptance or approval of this Agreement, the ISA-SC-TP Agreement, Rate Schedule 1 and the PM, the TP shall charge each SC that 3.06 The TP’s , at its own expense, shall bill and collect from each SC the charges described in Rate Schedule 1. It is the Parties’ understanding that reasonable costs associated with said billing and collection shall be included by the TP as part of its revenue requirement. 3.07 The TP shall apply its individual customer credit rating requirements, contained in its OATT or other tariff, to each SC taking service under said OATT or other tariff. When verifying the credit rating of said SC, the TP shall include in the amount for which the credit is verified the charges to 3.08 The TP shall notify the Az ISA and each of the other Participating Utilities, in writing, in the event an SC defaults on its payment of the rates specified in Rate Schedule 1. 3.04 Each entity that chooses to serve retail customers in Arizona as an SC shall (a) satisfy the SC requirements provided in Section 7 (SC Responsibilities), (b) meet the eligibility and creditworthiness requirements set forth in the TP’s OATT or other tariff, and (c) execute a service agreement for RNITS and take service in accordance with the TP’s OATT or other tariff. If the entity fails to execute a service agreement under the TP’s OATT or other tariff, then the TP shall not provide service to said SC unless the TP first files an unexecuted service agreement under said OATT or tariff with FERC for service to that SC. 3.05 The TP shall continue to provide safe and reliable electric service to the public and to perform the obligations under existing transmission contracts, including assuring suitable use of their individual transmission facilities to attain and maintain compliance with this obligation. 3.09 The Parties agree that the rights and obligations of transmission customers requesting and receiving wholesale transmission service and the TP providing said service are defined by the TP’s OATT or other tariff and that neither the PM nor this Agreement Agreement: (a) shall modify the manner in which wholesale transmission service is requested or provided pursuant to the TP’s OATT or other tariff; or (b) affect the rights or obligations of customers with Existing Agreements.

Appears in 1 contract

Samples: Transmission Provider Agreement

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