Common use of Negotiated Contract Option Clause in Contracts

Negotiated Contract Option. As an alternative to the Standard Option set forth in Section 3.2.1 of this Appendix 2, the Interconnected Transmission Owner and the Interconnection Customer may mutually agree to a Negotiated Contract Option for the Interconnected Transmission Owner’s design, procurement, construction and installation of the Transmission Owner Interconnection Facilities. Under the Negotiated Contract Option, the Interconnection Customer and the Interconnected Transmission Owner may agree to terms different from those included in the Standard Option of Section 3.2.1 above and the corresponding standard terms set forth in the applicable provisions of Part VI of the Tariff and this Appendix 2. Under the Negotiated Contract Option, negotiated terms may include the work schedule applicable to the Interconnected Transmission Owner’s construction activities and changes to same (Section 3.3 of this Appendix 2); payment provisions, including the schedule of payments; incentives, penalties and/or liquidated damages related to timely completion of construction (Section 3.2.1 of this Appendix 2); use of third party contractors; and responsibility for Costs, but only as between the Interconnection Customer and the Interconnected Transmission Owner that are parties to this Interconnection Construction Service Agreement; no other Interconnection Customer’s responsibility for Costs may be affected (Section 217 of the Tariff). No other terms of the Tariff or this Appendix 2 shall be subject to modification under the Negotiated Contract Option. The terms and conditions of the Tariff that may be negotiated pursuant to the Negotiated Contract Option shall not be affected by use of the Negotiated Contract Option except as and to the extent that they are modified by the parties’ agreement pursuant to such option. All terms agreed upon pursuant to the Negotiated Contract Option shall be stated in full in an appendix to this Interconnection Construction Service Agreement.

Negotiated Contract Option. As an alternative to the Standard Option set forth in Section 3.2.1 of this Appendix 2, the Interconnected Transmission Owner and the Interconnection Customer may mutually agree to a Negotiated Contract Option for the Interconnected Transmission Owner’s design, procurement, construction and installation of the Transmission Owner Interconnection FacilitiesFacilities and/or any Merchant Network Upgrades. Under the Negotiated Contract Option, the Interconnection Customer and the Interconnected Transmission Owner may agree to terms different from those included in the Standard Option of Section 3.2.1 above and the corresponding standard terms set forth in the applicable provisions of Part VI of the Tariff and this Appendix 2. Under the Negotiated Contract Option, negotiated terms may include the work schedule applicable to the Interconnected Transmission Owner’s construction activities and changes to same (Section 3.3 of this Appendix 2); payment provisions, including the schedule of payments; incentives, penalties and/or liquidated damages related to timely completion of construction (Section 3.2.1 of this Appendix 2); use of third party contractors; and responsibility for Costs, but only as between the Interconnection Customer and the Interconnected Transmission Owner that are parties to this Interconnection Construction Service Agreement; no other Interconnection Customer’s responsibility for Costs may be affected (Section 217 of the Tariff). No other terms of the Tariff or this Appendix 2 shall be subject to modification under the Negotiated Contract Option. The terms and conditions of the Tariff that may be negotiated pursuant to the Negotiated Contract Option shall not be affected by use of the Negotiated Contract Option except as and to the extent that they are modified by the parties’ agreement pursuant to such option. All terms agreed upon pursuant to the Negotiated Contract Option shall be stated in full in an appendix to this Interconnection Construction Service Agreement.

Negotiated Contract Option. As AsConsistent with Appendix 1, section D.2 (negotiated contract option), as an alternative to the Standard Option set forth in Section 3.2.1 3.26.1 of this Appendix 2Xxxxxxxx 0XXX, the Interconnected Transmission Owner and the Interconnection Customer CustomerDeveloper Party may mutually agree to a Negotiated Contract Option for the Interconnected Transmission Owner’s design, procurement, construction and installation of the Transmission Owner Interconnection Facilities. Network Upgrades. Under the Negotiated Contract Option, the Interconnection InterconnectionAffected System Customer and the Interconnected Transmission Owner may agree to terms different from those included in the Standard Option of Section 3.2.1 3.26.1 above and the corresponding standard terms set forth in the applicable provisions of Part VI of the Tariff and this Appendix 22III. Under the Negotiated Contract Option, negotiated terms may include the work schedule applicable to the Interconnected Transmission Owner’s construction activities and changes to same (Section 3.3 of this Appendix 2);; payment provisions, including the schedule of payments; incentives, penalties and/or liquidated damages related to timely completion of construction (Section 3.2.1 of this Appendix 2);; use of third party contractors; and responsibility for Costs, but only as between the Interconnection InterconnectionAffected System Customer and the Interconnected Transmission Owner that are parties to this Interconnection Construction Service AgreementAgreementCSA; no other Interconnection CustomerCustomer’sDeveloper Party’s responsibility for Costs may be affected (Section 217 of the Tariff). No other terms of the Tariff or this Appendix 2 Xxxxxxxx 0XXX shall be subject to modification under the Negotiated Contract Option. The terms and conditions of the Tariff that may be negotiated pursuant to the Negotiated Contract Option shall not be affected by use of the Negotiated Contract Option except as and to the extent that they are modified by the parties’ agreement pursuant to such option. All terms agreed upon pursuant to the Negotiated Contract Option shall be stated in full in an appendix to this Interconnection Construction Service Agreement.CSA.