Nonconforming Terms and Conditions. As mentioned above, the Eagle Creek ISA contains terms and conditions that do not conform to the ISA Form. Specifically, Section 4.0 of the Eagle Creek ISA states that the ISA will become effective “on the date of the closing of the transaction described in the April 29, 2016 Asset Purchase Agreement between Appalachian Power Company and Eagle Creek Renewable Energy, LLC.” This language is nonconforming because section 4.0 of the ISA Form states that an ISA will become effective “on the date it is executed by all Interconnection Parties,” ISA Form § 4.0. The non-conforming language in section 4.0 regarding the ISA effective date is necessary because it allows the ISA to become effective as of the date the transfer of the Reusens Hydro Electric facility from Appalachian to Eagle Creek occurs. The Commission has accepted ISAs with similar 5 The Eagle Creek ISA also contains Appendices 1 and 2. Appendix 1 contains all of the definitions from Section 1 of the PJM Tariff. Appendix 2 contains all of the standard terms and conditions that are set forth in the ISA Form. The appendices attached to the Eagle Creek ISA were compiled from a version of the PJM Tariff in effect as of the date of the Eagle Creek ISA was executed. Xxxxxxxx X. Xxxx, Secretary March 22, 2017 nonconforming language intended to recognize the parties’ commercial arrangements.6 To the extent directed by the Commission, PJM will submit a compliance filing to reflect the effective date once known. Schedule F also contains nonconforming language stating: Unless otherwise ordered by FERC, the effective date of this Interconnection Service Agreement shall be the date of the closing of the transaction described in the April 29, 2016 Asset Purchase Agreement between Appalachian Power Company and Eagle Creek Renewable Energy, LLC (the “Transaction”). Interconnection Customer and Interconnection Transmission Owner shall notify PJM within five days after the Transaction closes. Interconnection Customer and Interconnection Transmission Owner shall coordinate and cooperate with PJM to the extent any additional filings or submissions to FERC are required. Similar to the nonconforming language in section 4.0 of the Eagle Creek ISA, this provision allows the ISA to become effective the same time as the Transaction closes. As noted above, the Commission has accepted ISAs containing similar language, and should do the same here.7 The requirement that Eagle Creek and Appalachian notify PJM within five days of th...
Nonconforming Terms and Conditions. A bid that includes terms and conditions that do not conform to the terms and conditions of this Invitation for Bid is subject to rejection as non-responsive. The Owner reserves the right to permit the Bidder to withdraw nonconforming terms and conditions from its bid prior to a determination by the Owner of non-responsiveness based on the submission of nonconforming terms and conditions.
Nonconforming Terms and Conditions. A statement of qualifications that includes terms and conditions that do not conform to the terms and conditions in the Request for Qualifications is subject to rejection as non-responsive. The Mississippi Department of Rehabilitation Services reserves the right to permit the respondent to withdraw nonconforming terms and conditions from its statement of qualifications response prior to a determination by the Mississippi Department of Rehabilitation Services of non-responsiveness based on the submission of nonconforming terms and conditions.
Nonconforming Terms and Conditions. If a bidder submits with its bid alternate terms and conditions that do not conform to the terms and conditions in this solicitation, the bid will be subject to rejection for unresponsiveness. AlexRenew reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid prior to a determination by AlexRenew of unresponsiveness as a result of the submission of nonconforming terms and conditions. DocuSign Envelope ID: BC73B900-4A7C-4DC3-AACE-A7D13DAC866A
