Common use of Implementation of the SPS Clause in Contracts

Implementation of the SPS. (a) Subject to the terms of this Agreement NGrid’s obligation to use Commercially Reasonable Efforts and any NGrid rights specified in this Agreement to remove the SPS from operational service or to permanently physically remove the SPS equipment, NGrid shall design, install, own, operate, and maintain the SPS in compliance with Good Utility Practice and applicable NYISO requirements. The configuration of the SPS shall be as set forth in the (1) “System Impact Study for the Special Protection System for the Athens Power Plant” report dated October 16, 2006 as submitted to the Transmission Planning Advisory Subcommittee, attached hereto as Exhibit A, and (2) the “Conceptual Report –Redundant SPS” attached hereto as Exhibit B, as supplemented by the Redundant SPS Configuration Study. (b) If requested by Athens, NGrid shall inform Athens at such times as Athens reasonably requests, e.g., monthly, of the status of the design, construction and installation of the SPS, including, but not limited to, the following information: progress to date; a description of scheduled activities for the next period; the delivery status of all equipment ordered; and the identification of any event which NGrid reasonably expects may delay construction or commissioning, or increase the cost, of the Redundant SPS Configuration. (c) If the Parties agree to a change to the Project Scope subsequent to the approval of the Redundant SPS Configuration Study, any such change shall be in writing and signed by authorized representatives of the Parties and shall contain such schedule adjustments and/or extensions and cost adjustments as may be mutually agreed upon by the Parties ("Change Agreement"). All additional work contemplated by any such change to the Project Scope shall be performed in accordance with this Agreement and the related Change Agreement. (d) Any system upgrade facility costs incurred in connection with the electric delivery systems of NGrid or others due to the construction and/or implementation of the SPS, including, without limitation, the Redundant SPS Configuration, shall be the responsibility of Athens.