Common use of Liquidated Damages Clause in Contracts

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the Interconnection Customer in the event that the Participating TO does not complete any portion of the Participating TO's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Interconnection Facilities and Network Upgrades for which the Participating TO has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit, but for the Participating TO’s delay; (2) the Participating TO’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO and/or Participating TO, action or inaction by the CAISO, or any cause beyond the Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider and Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer in the event that the Participating TO Transmission Owner does not complete any portion of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Transmission Owner’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Owner’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Owner’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TOTransmission Owner’s delay; (2) the Participating TOTransmission Owner’s failure to meet the specified dates is the result of the action or inaction of the Transmission Provider, Interconnection Customer or any other interconnection customer earlier queued Interconnection Customer who has entered into an interconnection agreement earlier GIA with the CAISO Transmission Provider and/or Participating TO, action a Transmission Owner or inaction by the CAISOwith an Affected System Operator, or any cause beyond the Participating TO's Transmission Owner’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.;

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Distribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Distribution Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Distribution Provider to the Interconnection Customer in the event that the Participating TO Distribution Provider does not complete any portion of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades, in the aggregate, for which the Participating TO Distribution Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TODistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades for which the Participating TO Distribution Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Distribution Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TODistribution Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for the Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TO’s Distribution Provider's delay; (2) the Participating TODistribution Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement a GIA with the CAISO and/or Participating TODistribution Provider, action or inaction by the CAISOISO, or any cause beyond the Participating TO's Distribution Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TODistribution Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Provider's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Transmission Provider's delay; (2) the Participating TO’s Transmission Provider's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider and Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer in the event that the Participating TO Transmission Owner does not complete any portion of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Transmission Owner’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Owner’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Owner’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TOTransmission Owner’s delay; (2) the Participating TOTransmission Owner’s failure to meet the specified dates is the result of the action or inaction of the Transmission Provider, Interconnection Customer or any other interconnection customer earlier queued Interconnection Customer who has entered into an interconnection agreement earlier GIA with the CAISO Transmission Provider and/or Participating TO, action a Transmission Owner or inaction by the CAISOwith an Affected System Operator, or any cause beyond the Participating TO's Transmission Owner’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.;

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider and Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer in the event that the Participating TO Transmission Owner does not complete any portion of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Transmission Owner’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Owner’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Owner’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TOTransmission Owner’s delay; (2) the Participating TOTransmission Owner’s failure to meet the specified dates is the result of the action or inaction of the Transmission Provider, Interconnection Customer or any other interconnection customer earlier queued Interconnection Customer who has entered into an interconnection agreement earlier GIA with the CAISO Transmission Provider and/or Participating TO, action a Transmission Owner or inaction by the CAISOwith an Affected System Operator, or any cause beyond the Participating TO's Transmission Owner’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Transmission Owner’s Interconnection Facilities and Stand Alone Network Upgrades; (4) the delay is due to the inability of Transmission Owner to obtain all required approvals from Governmental Authorities in a timely manner for the construction of any element of the Interconnection Facilities, Network Upgrades or Stand Alone Network Upgrades, or any other permit or authorization required, or any land rights or other private authorizations that may be required, and Transmission Owner has exercised Reasonable Efforts in procuring such approvals, permits, rights or authorizations; or (45) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider and Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer in the event that the Participating TO Transmission Owner does not complete any portion of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Transmission Owner’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Owner’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Owner’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TOTransmission Owner’s delay; (2) the Participating TOTransmission Owner’s failure to meet the specified dates is the result of the action or inaction of the Transmission Provider, the Interconnection Customer or any other interconnection customer earlier queued Interconnection Customer who has entered into an interconnection agreement earlier GIA with the CAISO Transmission Provider and/or Participating TO, action a Transmission Owner or inaction by the CAISOwith an Affected System Operator, or any cause beyond the Participating TO's Transmission Owner’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.;

Liquidated Damages. The actual damages to the Interconnection CustomerDeveloper, in the event the Participating TOTransmission Owner's Interconnection Attachment Facilities or Network Upgrades System Upgrade Facilities are not completed by the dates designated by the Interconnection Customer Developer and accepted by the Participating TO Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s Developer's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer Developer in the event that the Participating TO T ransmission Owner does not complete any portion of the Participating TOTransmission Owner's Interconnection Attachment Facilities or Network Upgrades System Upgrade Facilities by the applicable dates, shall be an amount equal to ½ 1/2 of 1 percent per day of the actual cost of the Participating TOTransmission Owner's Interconnection Attachment Facilities and Network UpgradesSystem Upgrade Facilities, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, . procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Interconnection Transmission Owner Attachment Facilities and Network Upgrades System Upgrade Facilities for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer Developer as just compensation for the damages caused to the Interconnection CustomerDeveloper, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAAgreement. Liquidated damages, when the Parties Developer and Transmission Owner agree to them, are the exclusive remedy for the Participating TO’s Transmission Owner's failure to meet its schedule. No Further, Transmission Owner shall not pay liquidated damages shall be paid to the Interconnection Customer Developer if: (1I) the Interconnection Customer Developer is not ready to commence use of the Participating TOTransmission Owner's Interconnection Attachment Facilities or Network Upgrades System Upgrade Facilities to take the delivery of power for the Electric Developer's Large Generating UnitFacility's Trial Operation or to export power from the Electric Developer's Large Generating Unit Facility on the specified dates, unless the Interconnection Customer Developer would have been able to commence use of the Participating TOTransmission Owner's Interconnection Attachment Facilities or Network Upgrades System Upgrade Facilities to take the delivery of power for Electric Developer's Large Generating UnitFacility's Trial Operation or to export power from the Electric Developer's Large Generating UnitFacility, but for the Participating TO’s Transmission Owner's delay; (2) the Participating TO’s Transmission Owner's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer Developer or any other interconnection customer Developer who has entered into an interconnection agreement a Standard Large Generator Interconnection Agreement with the CAISO and/or Participating TOTransmission Owner and NYISO, or action or inaction by the CAISOany other Party, or any other cause beyond the Participating TOTransmission Owner's reasonable control or reasonable ability to cure; (3) the Interconnection Customer Developer has assumed responsibility for the design, procurement and construction of the Participating TOTransmission Owner's Interconnection Attachment Facilities and Stand Alone Network UpgradesSystem Upgrade Facilities; or (4) the Parties Transmission Owner and Developer have otherwise agreed. In I n no event shall the CAISO NYISO have any responsibility or liability whatever to the Interconnection Customer Developer for liquidated damages pursuant to associated with the provisions engineering, procurement or construction of this Article 5.3Attachment Facilities or System Upgrade Facilities.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Transmission Provider’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Provider’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TOTransmission Provider’s delay; (2) the Participating TOTransmission Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TO's Transmission Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Transmission Provider’s Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the Interconnection Customer in the event that the Participating TO does not complete any portion of the Participating TO's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Interconnection Facilities and Network Upgrades for which the Participating TO has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit, but for the Participating TO’s delay; (2) the Participating TO’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO ISO and/or Participating TO, action or inaction by the CAISOISO, or any cause beyond the Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO ISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the Interconnection Customer in the event that the Participating TO does not complete any portion of the Participating TO's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Interconnection Facilities and Network Upgrades for which the Participating TO has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s failure to meet its schedule. FERC ELECTRIC TARIFF Second Revised Sheet No. 1086 THIRD REPLACEMENT VOLUME NO. II Superseding First Revised Sheet No. 1086 No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit, but for the Participating TO’s delay; (2) the Participating TO’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO ISO and/or Participating TO, action or inaction by the CAISOISO, or any cause beyond the Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO ISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Provider's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Transmission Provider's delay; (2) the Participating TO’s Transmission Provider's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to cure; (3) the Interconnection interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Distribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Distribution Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Distribution Provider to the Interconnection Customer in the event that the Participating TO Distribution Provider does not complete any portion of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades, in the aggregate, for which the Participating TO Distribution Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TODistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades for which the Participating TO Distribution Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Distribution Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TODistribution Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Distribution Provider's delay; (2) the Participating TODistribution Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TODistribution Provider, action or inaction by the CAISOISO, or any cause beyond the Participating TO's Distribution Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TODistribution Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Provider's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIASLGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Transmission Provider's delay; (2) the Participating TO’s Transmission Provider's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement SLGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to cure; (3) the Interconnection interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO pursuant to subparagraphs 5.1.2 or 5.1.4VXESDUDJUDSKV RU DERYH PD\ LQFOXGH , above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the Interconnection Customer in the event that the Participating TO does not complete any portion of the Participating TO's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Interconnection Facilities and Network Upgrades for which the Participating WKH 3DUWLFLSDWLQJ 72¶V ,QWHUFRQQHFWLRQ )DFLOLWLHV TO has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s failure to meet its schedule. WKHP DUH WKH H[FOXVLYH UHPHG\ IRU WKH 3DUWLFLSDWL No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit, but for the Participating TO’s delay; (2) the Participating TO’s failure to meet the specified dates is the result 3DUWLFLSDWLQJ 72¶V GHOD\ WKH 3DUWLFLSDWLQJ 72 of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO and/or Participating TO, action or inaction by the CAISO, or any cause beyond the Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider and Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer in the event that the Participating TO Transmission Owner does not complete any portion of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ 1/2 of 1 percent per day of the actual cost of the Participating TO's Transmission Owner’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Owner’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Owner’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TOTransmission Owner’s delay; (2) the Participating TOTransmission Owner’s failure to meet the specified dates is the result of the action or inaction of the Transmission Provider, Interconnection Customer or any other interconnection customer earlier queued Interconnection Customer who has entered into an interconnection agreement earlier GIA with the CAISO Transmission Provider and/or Participating TO, action a Transmission Owner or inaction by the CAISOwith an Affected System Operator, or any cause beyond the Participating TO's Transmission Owner’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Transmission Owner’s Interconnection Facilities and Stand Alone Network Upgrades; (4) the delay is due to the inability of Transmission Owner to obtain all required approvals from Governmental Authorities in a timely manner for the construction of any element of the Interconnection Facilities, Network Upgrades or Stand Alone Network Upgrades, or any other permit or authorization required, or any land rights or other private authorizations that may be required, and Transmission Owner has exercised Reasonable Efforts in procuring such approvals, permits, rights or authorizations; or (45) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the Interconnection Customer in the event that the Participating TO does not complete any portion of the Participating TO's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Interconnection Facilities and Network Upgrades for which the Participating TO has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit, but for the Participating TO’s delay; (2) the Participating TO’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO and/or Participating TO, action or inaction by the CAISO, or any cause beyond the Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.:

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Provider’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TOTransmission Provider’s delay; (2) the Participating TOTransmission Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs Article 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ 1/2 of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to responsibilityto design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Provider's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this QF-LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be shallbe paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to readyto commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of deliveryof power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric fromthe Large Generating Unit on Facilityon the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric deliveryof powerfor Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Transmission Provider's delay; (2) the Participating TO’s Transmission Provider's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement QF-LGIA or LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to abilityto cure; (3) the Interconnection Customer has assumed responsibility for responsibilityfor the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3otherwiseagreed.

Liquidated Damages. The actual damages to the Interconnection CustomerDeveloper, in the event the Participating TO's Interconnection Transmission Owner’s Attachment Facilities or Network Upgrades System Upgrade Facilities are not completed by the dates designated by the Interconnection Customer Developer and accepted by the Participating TO Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection CustomerDeveloper’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer Developer in the event that Issued by: Xxxxxxx X. Xxxxxxx, President Effective: August 6, 2004 Issued on: October 5, 2004 Filed to comply with order of the Participating TO Federal Energy Regulatory Commission, Docket No. ER04-449-000, -001 and -002, issued August 6, 2004, 108 FERC ¶ 61,159 (2004). Transmission Owner does not complete any portion of the Participating TO's Interconnection Transmission Owner’s Attachment Facilities or Network Upgrades System Upgrade Facilities by the applicable dates, shall be an amount equal to ½ 1/2 of 1 percent per day of the actual cost of the Participating TO's Interconnection Transmission Owner’s Attachment Facilities and Network UpgradesSystem Upgrade Facilities, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Interconnection Transmission Owner Attachment Facilities and Network Upgrades System Upgrade Facilities for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer Developer as just compensation for the damages caused to the Interconnection CustomerDeveloper, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAAgreement. Liquidated damages, when the Parties Developer and Transmission Owner agree to them, are the exclusive remedy for the Participating TOTransmission Owner’s failure to meet its schedule. No Further, Transmission Owner shall not pay liquidated damages shall be paid to the Interconnection Customer Developer if: (1) the Interconnection Customer Developer is not ready to commence use of the Participating TO's Interconnection Transmission Owner’s Attachment Facilities or Network Upgrades System Upgrade Facilities to take the delivery of power for the Electric Developer’s Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Developer’s Large Generating Unit Facility on the specified dates, unless the Interconnection Customer Developer would have been able to commence use of the Participating TO's Interconnection Transmission Owner’s Attachment Facilities or Network Upgrades System Upgrade Facilities to take the delivery of power for Electric Developer’s Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Developer’s Large Generating UnitFacility, but for the Participating TOTransmission Owner’s delay; (2) the Participating TOTransmission Owner’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer Developer or any other interconnection customer Developer who has entered into an interconnection agreement a Standard Large Generator Interconnection Agreement with the CAISO and/or Participating TOTransmission Owner and NYISO, or action or inaction by the CAISOany other Party, or any other cause beyond the Participating TO's Transmission Owner’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer Developer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Transmission Owner’s Attachment Facilities and Stand Alone Network UpgradesSystem Upgrade Facilities; or (4) the Parties Transmission Owner and Developer have otherwise agreed. In no event shall the CAISO NYISO have any responsibility or liability whatever to the Interconnection Customer Developer for liquidated damages pursuant to associated with the provisions engineering, procurement or construction of this Article 5.3Attachment Facilities or System Upgrade Facilities.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual The parties agree that the amount of these costs/damages are uncertain cannot be determined or measured by ordinary rules. For the purpose of liquidating the amount of damages, and impossible to determine at this time. Because of such uncertaintynot as a penalty, any liquidated damages paid by the Participating TO to the Interconnection Customer it is agreed that, in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, the damages caused shall be and are fixed in an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Provider's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Transmission Provider's delay; (2) the Participating TO’s Transmission Provider's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider and Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer in the event that the Participating TO Transmission Owner does not complete any portion of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Transmission Owner’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Owner’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Owner’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TOTransmission Owner’s delay; (2) the Participating TOTransmission Owner’s failure to meet the specified dates is the result of the action or inaction of the Transmission Provider, the Interconnection Customer or any other interconnection customer earlier queued Interconnection Customer who has entered into an interconnection agreement earlier LGIA with the CAISO Transmission Provider and/or Participating TO, action a Transmission Owner or inaction by the CAISOwith an Affected System Operator, or any cause beyond the Participating TO's Transmission Owner’s Original Sheet No. 22 reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Transmission Owner’s Interconnection Facilities and Stand Alone Network Upgrades; (4) the delay is due to the inability of the Transmission Owner to obtain all required approvals from Governmental Authorities in a timely manner for the construction of any element of the Interconnection Facilities, Network Upgrades or Stand Alone Network Upgrades, or any other permit or authorization required, or any land rights or other private authorizations that may be required, and Transmission Owner has exercised Reasonable Efforts in procuring such approvals, permits, rights or authorizations; or (45) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Distribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Distribution Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Distribution Provider to the Interconnection Customer in the event that the Participating TO Distribution Provider does not complete any portion of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades, in the aggregate, for which the Participating TO Distribution Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TODistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades for which the Participating TO Distribution Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Distribution Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIACLGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TODistribution Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Distribution Provider's delay; (2) the Participating TODistribution Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement a CLGIA with the CAISO and/or Participating TODistribution Provider, action or inaction by the CAISOISO, or any cause beyond the Participating TO's Distribution Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TODistribution Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Distribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Distribution Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Distribution Provider to the Interconnection Customer in the event that the Participating TO Distribution Provider does not complete any portion of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades, in the aggregate, for which the Participating TO Distribution Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TODistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades for which the Participating TO Distribution Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Distribution Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIACLGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TODistribution Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Distribution Provider's delay; (2) the Participating TODistribution Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement a GIACLGIA with the CAISO and/or Participating TODistribution Provider, action or inaction by the CAISOISO, or any cause beyond the Participating TO's Distribution Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TODistribution Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's TO'sDistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO TODistribution Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the theDistribution Provider to Interconnection Customer in the event that the Participating TO TODistribution Provider does not complete any portion of the Participating TOTO'sDistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTO'sDistribution Provider's Interconnection Facilities , Distribution Upgrades, and Network Upgrades, in the aggregate, for which the Participating TO TODistribution Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTO’sDistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades for which the Participating TO TODistribution Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the theDistribution Provider to Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIALGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTO’sDistribution Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTO'sDistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for the Electric Generating UnitUnit'sFacility's Trial Operation or to export power from the Electric Generating Unit UnitFacility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTO'sDistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for Electric Generating UnitUnit'sFacility's Trial Operation or to export power from the Electric Generating UnitUnitFacility, but for the Participating TO’s TO’sDistribution Provider's delay; (2) the Participating TOTO’sDistribution Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer customerInterconnection Customer who has entered into an interconnection agreement agreementa GIA with the CAISO and/or Participating TOTODistribution Provider, action or inaction by the CAISOCAISOISO, or any cause beyond the Participating TO's TO'sDistribution Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.;

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the Interconnection Customer in the event that the Participating TO does not complete any portion of the Participating TO's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Interconnection Facilities and Network Upgrades for which the Participating TO has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit, but for the Participating TO’s delay; (2) the Participating TO’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO and/or Participating TO, action or inaction by the CAISO, or any cause beyond the Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the LARGE GENERATOR INTERCONNECTION AGREEMENT Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the either Participating TO's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the applicable Participating TO pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the applicable Participating TO to the Interconnection Customer in the event that the that Participating TO does not complete any portion of the that Participating TO's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the that Participating TO's Interconnection Facilities and Network Upgrades, in the aggregate, for which the that Participating TO has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the applicable Participating TO’s Interconnection Facilities and Network Upgrades for which the that Participating TO has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the applicable Participating TO to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the applicable Participating TO’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the applicable Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit on the specified dates, unless the Interconnection Customer would have been able to commence use of the that Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit, but for the that Participating TO’s delay; (2) the applicable Participating TO’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO and/or that Participating TO, action or inaction by the CAISO, or any cause beyond the that Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the applicable Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual HCP acknowledges that the Sections are necessary and proper in order to protect SFI’s brand reputation and goodwill, and to preserve authorized health care practitioners’ (including HCP’s) ability to make a reasonable margin on Product sales. HCP agrees that if it violates the Sections, SFI will be damaged in an amount that will be difficult or impossible to ascertain. Accordingly, HCP agrees to pay liquidated damages to compensate SFI for damages resulting from HCP’s breach of the Interconnection CustomerSections (the “Liquidated Damages”). The parties have made advance provision for Liquidated Damages to avoid controversy, delay and expense in the event the Participating TO's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the Interconnection Customer in the event that the Participating TO does not complete any portion breach of the Participating TO's Interconnection Facilities or Network Upgrades by the applicable dates, Sections. Liquidated Damages shall be an amount equal to ½ of 1 percent per $500.00 for each separate breach for each day of breach. Each breach with respect to a Product shall be considered a separate breach for the actual cost purposes of this Section. For example, if HCP is in breach with respect to three different Product for a period of 10 days, HCP will be deemed to have committed 30 breaches and be subject to Liquidated Damages of $6,000.00. The Liquidated Damages are estimated based on the various damages that SFI expects to suffer upon any breach of the Participating TO's Interconnection Facilities Sections, including lost sales; infringement of SFI’s trademarks and Network Upgradesother intellectual property; irreparable harm to SFI’s business, customer relationships, goodwill and quality control procedures; and costs of investigating breaches. HCP agrees that the Liquidated Damages are not a penalty and are reasonably estimated in light of the aggregate, for which anticipated or actual harm that would be caused by a breach and the Participating TO has assumed responsibility difficulty of proving the amount of loss and otherwise providing an adequate remedy to design, procure SFI and constructother affected health care providers. However, in no event shall the total HCP hereby waives any defense to SFI’s right to obtain liquidated damages exceed 20 percent of on the actual cost of the Participating TO’s Interconnection Facilities and Network Upgrades for which the Participating TO has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which basis that actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty calculable or a method to secure performance of this LGIA. Liquidated damages, when that the Parties agree to them, are the exclusive remedy for the Participating TO’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is do not ready to commence use represent a reasonable determination of the Participating TO's Interconnection Facilities damages or Network Upgrades to take the delivery of power for the Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit, but for the Participating TO’s delay; (2) the Participating TO’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO and/or Participating TO, action or inaction by the CAISO, or any cause beyond the Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3constitute a penalty.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs Subparagraphs 5.1.2 or 5.1.4, 5.1.4 above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ one-half of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 twenty (20) percent of the actual cost of the Participating TO’s Transmission Provider's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, procure and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, ; and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Transmission Provider's delay; (2) the Participating TO’s Transmission Provider's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.or

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Distribution Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Distribution Provider to the Interconnection Customer in the event that the Participating TO Distribution Provider does not complete any portion of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades, in the aggregate, for which the Participating TO Distribution Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Distribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades for which the Participating TO Distribution Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Distribution Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Distribution Provider's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for the Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TO’s Distribution Provider's delay; (2) the Participating TO’s Distribution Provider's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement a GIA with the CAISO and/or Participating TODistribution Provider, action or inaction by the CAISOISO, or any cause beyond the Participating TODistribution Provider's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TODistribution Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Owner's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider and Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer in the event that the Participating TO Transmission Owner does not complete any portion of the Participating TOTransmission Owner's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTransmission Owner's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Owner's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Owner's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTransmission Owner's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Owner's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating UnitFacility's Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TO’s Transmission Owner's delay; (2) the Participating TO’s Transmission Owner's failure to meet the specified dates is the result of the action or inaction of the Transmission Provider, the Interconnection Customer or any other interconnection customer earlier queued Interconnection Customer who has entered into an interconnection agreement earlier GIA with the CAISO Transmission Provider and/or Participating TO, action a Transmission Owner or inaction by the CAISOwith an Affected System Operator, or any cause beyond the Participating TOTransmission Owner's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.;

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Distribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Distribution Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Distribution Provider to the Interconnection Customer in the event that the Participating TO Distribution Provider does not complete any portion of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades, in the aggregate, for which the Participating TO Distribution Provider has assumed responsibility to design, procure and construct. construct.‌ However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TODistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades for which the Participating TO Distribution Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Distribution Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIACLGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TODistribution Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Distribution Provider's delay; (2) the Participating TODistribution Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement a CLGIA with the CAISO and/or Participating TODistribution Provider, action or inaction by the CAISOISO, or any cause beyond the Participating TO's Distribution Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TODistribution Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission FERC Electric Tariff Generator Interconnection Agreement (GIA) ATTACHMENTS 92.0.0 Provider and Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer in the event that the Participating TO Transmission Owner does not complete any portion of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Transmission Owner’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Owner’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIAGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Owner’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TOTransmission Owner’s delay; (2) the Participating TOTransmission Owner’s failure to meet the specified dates is the result of the action or inaction of the Transmission FERC Electric Tariff Generator Interconnection Agreement (GIA) ATTACHMENTS 92.0.0 Provider, Interconnection Customer or any other interconnection customer earlier queued Interconnection Customer who has entered into an interconnection agreement earlier GIA with the CAISO Transmission Provider and/or Participating TO, action a Transmission Owner or inaction by the CAISOwith an Affected System Operator, or any cause beyond the Participating TO's Transmission Owner’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.;

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs Article 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ 1/2 of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Provider's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this QF-LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be shallbe paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to readyto commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of deliveryof power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric fromthe Large Generating Unit on Facilityon the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric deliveryof powerfor Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Transmission Provider's delay; (2) the Participating TO’s Transmission Provider's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement QF-LGIA or LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to abilityto cure; (3) the Interconnection Customer has assumed responsibility for responsibilityfor the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3otherwiseagreed.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Distribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Distribution Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Distribution Provider to the Interconnection Customer in the event that the Participating TO Distribution Provider does not complete any portion of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades, in the aggregate, for which the Participating TO Distribution Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TODistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades for which the Participating TO Distribution Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Distribution Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TODistribution Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TODistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Distribution Provider's delay; (2) the Participating TODistribution Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TODistribution Provider, action or inaction by the CAISOISO, or any cause beyond the Participating TO's Distribution Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TODistribution Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.agreed.‌

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs Article 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Transmission Provider’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Provider’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this QF-LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TOTransmission Provider’s delay; (2) the Participating TOTransmission Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement QF-LGIA or LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TO's Transmission Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Transmission Provider’s Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Provider's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this Provisional LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Transmission Provider's delay; (2) the Participating TO’s Transmission Provider's failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement Provisional LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.or

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's TO'sDistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO TODistribution Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the theDistribution Provider to Interconnection Customer in the event that the Participating TO TODistribution Provider does not complete any portion of the Participating TOTO'sDistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTO'sDistribution Provider's Interconnection Facilities , Distribution Upgrades, and Network Upgrades, in the aggregate, for which the Participating TO TODistribution Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTO’sDistribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and Network Upgrades for which the Participating TO TODistribution Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the theDistribution Provider to Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOP articipating TO’sDistribution Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTO'sDistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for the Electric ElectricLarge Generating UnitUnit'sFacility's Trial Operation or to export power from the Electric ElectricLarge Generating Unit UnitFacility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTO'sDistribution Provider's Interconnection Facilities Facilities, Distribution Upgrades, or Network Upgrades to take the delivery of power for Electric ElectricLarge Generating UnitUnit'sFacility's Trial Operation or to export power from the Electric ElectricLarge Generating UnitUnitFacility, but for the Participating TO’s TO’sDistribution Provider's delay; (2) the t he Participating TOTO’sDistribution Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer customerInterconnection Customer who has entered into an interconnection agreement agreementLGIA with the CAISO and/or Participating TOTODistribution Provider, action or inaction by the CAISOCAISOISO, or any cause beyond the Participating TO's TO'sDistribution Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TOTO'sDistribution Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO to the Interconnection Customer in the event that the Participating TO does not complete any portion of the Participating TO's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO has assumed responsibility to design, procure and construct. construct.‌ However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Interconnection Facilities and Network Upgrades for which the Participating TO has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Trial Operation or to export power from the Electric Generating Unit, but for the Participating TO’s delay; (2) the Participating TO’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO and/or Participating TO, action or inaction by the CAISO, or any cause beyond the Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. agreed.‌ In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s 's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TOTransmission Provider's Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Provider's Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TOTransmission Provider's Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating UnitFacility's Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TO’s Transmission Provider's delay; (2) the Participating TO’s Transmission Provider's failure to meet the specified thespecified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TOTransmission Provider's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TOTransmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider and Transmission Owner pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Owner to the Interconnection Customer in the event that the Participating TO Transmission Owner does not complete any portion of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ 1/2 of 1 percent per day of the actual cost of the Participating TO's Transmission Owner’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Owner has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Owner’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Owner has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Owner to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree Original Sheet No. 24 to them, are the exclusive remedy for the Participating TOTransmission Owner’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Owner’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Generating Unit's Facility’s Trial Operation or to export power from the Electric Generating UnitFacility, but for the Participating TOTransmission Owner’s delay; (2) the Participating TOTransmission Owner’s failure to meet the specified dates is the result of the action or inaction of the Transmission Provider, the Interconnection Customer or any other interconnection customer earlier queued Interconnection Customer who has entered into an interconnection agreement earlier LGIA with the CAISO Transmission Provider and/or Participating TO, action a Transmission Owner or inaction by the CAISOwith an Affected System Operator, or any cause beyond the Participating TO's Transmission Owner’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Transmission Owner’s Interconnection Facilities and Stand Alone Network Upgrades; (4) the delay is due to the inability of the Transmission Owner to obtain all required approvals from Governmental Authorities in a timely manner for the construction of any element of the Interconnection Facilities, Network Upgrades or Stand Alone Network Upgrades, or any other permit or authorization required, or any land rights or other private authorizations that may be required, and Transmission Owner has exercised Reasonable Efforts in procuring such approvals, permits, rights or authorizations; or (45) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ 1/2 of 1 percent per day of the actual cost of the Participating TO's Transmission Provider’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TOTransmission Provider’s Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TOTransmission Provider’s failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TOTransmission Provider’s delay; (2) the Participating TOTransmission Provider’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer Interconnection Arizona Public Service Company APS Contract No. 52023 LGIA (Large Generator Interconnection Agreement) Customer who has entered into an interconnection agreement LGIA with the CAISO and/or Participating TO, action or inaction by the CAISO, Transmission Provider or any cause beyond the Participating TO's Transmission Provider’s reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Transmission Provider’s Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.

Liquidated Damages. The actual damages to the Interconnection Customer, in the event the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades are not completed by the dates designated by the Interconnection Customer and accepted by the Participating TO Transmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer’s fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. Because of such uncertainty, any liquidated damages paid by the Participating TO Transmission Provider to the Interconnection Customer in the event that the Participating TO Transmission Provider does not complete any portion of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades by the applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual cost of the Participating TO's Transmission Provider’s Interconnection Facilities and Network Upgrades, in the aggregate, for which the Participating TO Transmission Provider has assumed responsibility to design, procure and construct. However, in no event shall the total liquidated damages exceed 20 percent of the actual cost of the Participating TO’s Transmission Provider Interconnection Facilities and Network Upgrades for which the Participating TO Transmission Provider has assumed responsibility to design, procure, and construct. The foregoing payments will be made by the Participating TO Transmission Provider to the Interconnection Customer as just compensation for the damages caused to the Interconnection Customer, which actual damages are uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the Parties agree to them, are the exclusive remedy for the Participating TO’s Transmission Provider's failure to meet its schedule. No liquidated damages shall be paid to the Interconnection Customer if: (1) the Interconnection Customer is not ready to commence use of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades to take the delivery of power for the Electric Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Large Generating Unit Facility on the specified dates, unless the Interconnection Customer would have been able to commence use of the Participating TO's Transmission Provider’s Interconnection Facilities or Network Upgrades to take the delivery of power for Electric Large Generating Unit's Facility’s Trial Operation or to export power from the Electric Large Generating UnitFacility, but for the Participating TOTransmission Provider’s delay; (2) the Participating TO’s failure to meet the specified dates is the result of the action or inaction of the Interconnection Customer or any other interconnection customer who has entered into an interconnection agreement with the CAISO and/or Participating TO, action or inaction by the CAISO, or any cause beyond the Participating TO's reasonable control or reasonable ability to cure; (3) the Interconnection Customer has assumed responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; or (4) the Parties have otherwise agreed. In no event shall the CAISO have any responsibility or liability to the Interconnection Customer for liquidated damages pursuant to the provisions of this Article 5.3.;