Interconnection and Transmission Services. (a) Except for Buyer’s obligation (at Seller’s expense) to obtain NITS according and subject to Section 7.6(b), Seller shall, at its own expense, (i) obtain prior to the Delivery Term Commencement Date, and maintain throughout the Delivery Term, Full Deliverability and (ii) otherwise be responsible for, and bear the full risk, losses and costs of, (A) the transmission or transfer of the Contract Energy and Storage Energy to the Injection Point and the financial delivery of the Contract Energy and Storage Energy actually generated by the Generating Facility and Storage Facility, respectively, and injected at the Injection Point to the Energy Financial Delivery Point (including any basis differential between the Electric Interconnection Point and the Energy Financial Delivery Point) and the transfer of the other Products that are physical in nature to the OP Delivery Point and (B) without limiting Section 4.2 or Section 4.3, obtaining and maintaining any interconnection and transmission arrangements necessary to qualify/register for, generate, obtain, transfer and otherwise provide to Buyer the intangible Products. Without limiting the foregoing, all costs of any Network Upgrades or otherwise by this Section 7.6(a) shall be borne by Seller.
(b) Seller acknowledges and agrees, for the avoidance of doubt, that Xxxxx does not intend to seek, and shall not be required to seek or obtain, any transmission service in connection with this Agreement, except for NITS for the Expected Capacity and Storage Expected Capacity. Seller shall be responsible for, and reimburse Buyer for, any out-of-pocket charges, fees, and costs incurred by Buyer to obtain such NITS, excluding any charges, fees or costs incurred by Buyer pursuant to the rates for NITS service under the MISO Rules, and, for the avoidance of doubt, all risk (including risk of curtailment) with respect to the transmission or transfer of the Contract Energy and Storage Energy to the Injection Point and the financial delivery of the Contract Energy and Storage Energy actually generated by the Generating Facility and Storage Facility, respectively, and injected at the Injection Point to the Energy Financial Delivery Point shall nonetheless be borne by Seller.
(c) At all times during the Delivery Term, the requirement of Buyer to accept deliveries of Products hereunder shall be subject to: (i) Buyer’s rights under Section 7.4, (ii) the valid and binding orders and directives of Balancing Authorities, other Transmis...
Interconnection and Transmission Services. The Parties shall share proportionately the actual costs of interconnection of Xxxxxxx County Unit 2 in accordance with the Interconnection and Operating Agreement. Such costs are estimated, as of the date hereof, in Appendix G. Actual costs of interconnection include necessary transmission upgrades and additions required to reliably and safely connect Xxxxxxx County Unit 2 to the regional transmission grid, without facility upgrades or additions related to transmission delivery to particular points of delivery. Ongoing costs of interconnection, as determined in accordance with the Interconnection and Operating Agreement, shall be borne by the Parties in proportion to their respective Percentages. Although, as contemplated by Article 6.3(vi), IMPA and IMEA are expected to be parties to the Interconnection and Operating Agreement they will not be entitled to receive transmission credits from the transmission owners group of the Companies unless the Companies specifically receive transmission revenue from the Applicable Transmission Provider for IMPA’s and IMEA’s use of the interconnection upgrade. Each Party covenants to use its respective Best Efforts to secure a Transmission Service Arrangement with the Applicable Transmission Provider in accordance with the schedule established in Article 5.3. Each Party shall pay the costs and expenses associated with its Transmission Service Arrangement with the Applicable Transmission Provider and shall bear its individual system upgrade expenses required to deliver its proportionate share of Xxxxxxx County Unit 2 output to its respective points of delivery from the Xxxxxxx County Plant switchyard. The Parties agree to cooperate and reasonably assist each other in the efforts of the individual Parties to secure their transmission needs. Actual costs of requested cooperation shall be fairly allocated to and paid or reimbursed by the Party or Parties benefiting therefrom.
