Common use of Interpretation with Interconnection Agreement Clause in Contracts

Interpretation with Interconnection Agreement. Each Party represents that it conducts its operations in a manner intended to comply with FERC Order No. 2004, “Standards of Conduct for Transmission Providers,” requiring the separation of its transmission and merchant functions. Moreover, the Parties acknowledge that EPE’s transmission function offers transmission service on its system in a manner intended to comply with FERC policies and requirements relating to the provision of open-access transmission service. The Parties recognize that Seller will enter into a separate Interconnection Agreement with the Transmission Provider. (A) The Parties acknowledge and agree that the Interconnection Agreement shall be a separate and free-standing contract and that the terms of this Agreement are not binding upon the Transmission Provider. However, to avoid confusion between the two agreements, this Agreement may define certain terms by referencing their definition in the Interconnection Agreement. (B) Notwithstanding any other provision in this Agreement, nothing in the Interconnection Agreement shall alter or modify Seller’s or EPE’s rights, duties and obligations under this Agreement. This Agreement shall not be construed to create any rights between Seller and the Transmission Provider. (C) Seller expressly recognizes that, for purposes of this Agreement, the Transmission Provider shall be deemed to be a separate entity and separate contracting party whether or not the Interconnection Agreement is entered into with EPE or an Affiliate of EPE, if any.

Interpretation with Interconnection Agreement. Each Party represents that it conducts its operations in a manner intended to comply with FERC Order No. 2004717-A, “Standards of Conduct for Transmission Providers,” , requiring the separation of its transmission and merchant marketing functions. Moreover, the Parties acknowledge that EPECompany’s transmission function offers interconnection and transmission service on its system in a manner intended to comply with FERC policies and requirements relating to the provision of open-access transmission service. The Parties recognize that Seller will enter has entered into a separate Interconnection Agreement with the Transmission Interconnection Provider. (A) The Parties acknowledge and agree that the Interconnection Agreement shall be a separate and free-standing contract and that the terms of this Agreement PPA are not binding upon the Transmission Interconnection Provider. However, to avoid confusion between the two agreements, this Agreement may define certain terms by referencing their definition in the Interconnection Agreement. (B) Notwithstanding any other provision in this AgreementPPA, nothing in the Interconnection Agreement shall alter or modify Seller’s or EPECompany’s rights, duties and obligations under this AgreementPPA. This Agreement PPA shall not be construed to create any rights between Seller and the Transmission Interconnection Provider. (C) In the event that the Interconnection Provider is Company or an Affiliate of Company, Seller expressly recognizes covenants that, for purposes of this AgreementPPA, the Transmission Interconnection Provider shall be deemed to be a separate entity and separate contracting party whether or not the Interconnection Agreement is entered into with EPE Company or an Affiliate of EPE, if anyCompany.