Common use of NETWORK UPGRADE FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION Clause in Contracts

NETWORK UPGRADE FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION. 5.1 Network Upgrade Facilities Unless otherwise mutually agreed to by Transmission Developer and Connecting Transmission Owner, Transmission Developer shall select the In-Service Date(s) and Initial Synchronization Date(s) of the Network Upgrade Facilities, and such dates shall be set forth in Appendix B hereto. The Connecting Transmission Owner’s obligation to design, procure, construct, install, and own the Network Upgrade Facilities shall be set forth in Appendix A hereto. The Connecting Transmission Owner shall use Reasonable Efforts to complete the Network Upgrade Facilities by the dates set forth in Appendix B hereto. The Connecting Transmission Owner shall not be required to undertake any action which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission Owner reasonably expects that it will not be able to complete the Network Upgrade Facilities by the specified dates, the Connecting Transmission Owner shall promptly provide written notice to the Transmission Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter.

NETWORK UPGRADE FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION. ‌ 5.1 Network Upgrade Facilities Facilities.‌ Unless otherwise mutually agreed to by Transmission Developer and Connecting Transmission Owner, Transmission Developer shall select the In-Service Date(s) Date and Initial Synchronization Date(s) Date of the Network Upgrade Facilities, and such dates shall be set forth in Appendix B hereto. The Connecting Transmission Owner’s obligation to Developer shall design, procure, construct, install, and own install the Network Upgrade Facilities shall be set forth as described in Appendix A hereto. The Connecting Transmission Owner Developer shall use Reasonable Efforts to complete the Network Upgrade Facilities by the dates set forth in Appendix B hereto. The Connecting Transmission Owner shall not be required to undertake any action which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission Owner Developer reasonably expects that it will not be able to complete the Network Upgrade Facilities by the specified dates, the Connecting Transmission Owner Developer shall promptly provide written notice to the Connecting Transmission Developer Owner and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter.

NETWORK UPGRADE FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION. ‌ 5.1 Network Upgrade Facilities Facilities‌ Unless otherwise mutually agreed to by Transmission Developer and Connecting Transmission Owner, Transmission Developer shall select the In-Service Date(s) Date and Initial Synchronization Date(s) Date of the Network Upgrade Facilities, and such dates shall be set forth in Appendix B hereto. The Connecting Transmission Owner’s obligation to Developer shall design, procure, construct, install, and own install the Network Upgrade Facilities shall be set forth as described in Appendix A hereto. The Connecting Transmission Owner shall use , using Reasonable Efforts to complete the Network Upgrade Facilities them by the dates set forth in Appendix B hereto. The Connecting Transmission Owner shall not be required to undertake any action which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission Owner Developer reasonably expects that it will not be able to complete the Network Upgrade Facilities by the specified dates, the Connecting Transmission Owner Developer shall promptly provide written notice to the Connecting Transmission Developer Owner and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter.