KS-MO Transmission Service. From and after the Commencement Date and continuing for a term of between fifteen (15) and twenty-five (25) years, as elected by Transmission Customer in the Notice of Decision pursuant to Section 3.4, Transmission Provider shall make available to Transmission Customer two tranches of Firm Transmission Capacity equal to the Contract Capacities set forth in Attachment 1 to deliver electricity from the AC switchyard of the Kansas Converter Station to the MISO Interconnection Point, subject to the provisions of this Agreement and Transmission Provider’s OATT, the terms and conditions of which shall be incorporated into and made a part of this Agreement to the extent such terms are not inconsistent with this Agreement (“KS-MO Transmission Service”). Such KS-MO Transmission Service shall enable Transmission Customer to deliver electric energy and capacity to and at the MISO Interconnection Point consistent with Transmission Provider’s rights under the SPP Interconnection Agreement and the MISO Interconnection Agreement and shall include any Ancillary Services necessary to effect such deliveries, but shall not include any services that are not provided under those interconnection agreements that must be obtained by Transmission Customer or Transmission Provider under the OATT or rate schedule of any third-party transmission provider to effect deliveries of electric energy or capacity from the MISO Interconnection Point into the transmission system of any such third-party transmission provider, including any transmission withdrawal rights from a transmission system. Such KS-MO Transmission Service shall be subject to curtailment or interruption as a result of outages of the Project or reductions in the total transfer capability of the Project; provided, however, that Transmission Customer shall be entitled to credits under Section 3.6 and Attachment 2 if Non-Excused Outages result in curtailments or interruptions that exceed a certain allowance as specified in Attachment 2.
