Common use of Notification and Correction of Defects Clause in Contracts

Notification and Correction of Defects. 3.8.4.1 If the Interconnected Transmission Owner, based on inspection or testing pursuant to Section 3.8.2 or 3.8.3 of this Appendix 2, identifies any defects or failures to comply with Applicable Standards in the Interconnection Facilities constructed by the Interconnection Customer, the Interconnected Transmission Owner shall notify the Interconnection Customer and Transmission Provider of any identified defects or failures within 20 days after the Interconnected Transmission Owner’s receipt of the results of such inspection or testing. The Interconnection Customer shall take appropriate actions to correct any such defects or failure at its sole cost and expense, and shall obtain the Interconnected Transmission Owner’s acceptance of the corrections, which acceptance shall not be unreasonably delayed, withheld or conditioned. Such acceptance does not modify and shall not limit the Interconnection Customer’s indemnification obligations set forth in Appendix 2, section 3.2.3.2(e). 3.8.4.2 In the event that inspection and/or testing of any Transmission Owner Interconnection Facilities built by the Interconnected Transmission Owner identifies any defects or failures to comply with Applicable Standards in such facilities, Interconnected Transmission Owner shall take appropriate action to correct any such defects or failures within 20 days after it learns thereof. In the event that such a defect or failure cannot reasonably be corrected within such 20-day period, Interconnected Transmission Owner shall commence the necessary correction within that time and shall thereafter diligently pursue it to completion.

Appears in 78 contracts

Samples: Interconnection Construction Service Agreement, Interconnection Construction Service Agreement, Interconnection Construction Service Agreement

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Notification and Correction of Defects. 3.8.4.1 If the Interconnected Transmission Owner, based on inspection or testing pursuant to Section 3.8.2 or 3.8.3 of this Appendix 2, identifies any defects or failures to comply with Applicable Standards in the Interconnection Facilities and/or Merchant Network Upgrades constructed by the Interconnection Customer, the Interconnected Transmission Owner shall notify the Interconnection Customer and Transmission Provider of any identified defects or failures within 20 days after the Interconnected Transmission Owner’s receipt of the results of such inspection or testing. The Interconnection Customer shall take appropriate actions to correct any such defects or failure at its sole cost and expense, and shall obtain the Interconnected Transmission Owner’s acceptance of the corrections, which acceptance shall not be unreasonably delayed, withheld or conditioned. Such acceptance does not modify and shall not limit the Interconnection Customer’s indemnification obligations set forth in Appendix 2, section 3.2.3.2(e).the 3.8.4.2 In the event that inspection and/or testing of any Transmission Owner Interconnection Facilities and/or Merchant Network Upgrades built by the Interconnected Transmission Owner identifies any defects or failures to comply with Applicable Standards in such facilities, Interconnected Transmission Owner shall take appropriate action to correct any such defects or failures within 20 days after it learns thereof. In the event that such a defect or failure cannot reasonably be corrected within such 20-day period, Interconnected Transmission Owner shall commence the necessary correction within that time and shall thereafter diligently pursue it to completion.

Appears in 4 contracts

Samples: Interconnection Construction Service Agreement, Interconnection Construction Service Agreement, Service Agreement

Notification and Correction of Defects. 3.8.4.1 If the Interconnected Transmission Owner, based on inspection or testing pursuant to Section 3.8.2 or 3.8.3 of this Appendix 2, identifies any defects or failures to comply with Applicable Standards in the Interconnection Facilities constructed by the Interconnection Customer, the Interconnected Transmission Owner shall notify the Interconnection Customer and Transmission Provider of any identified defects or failures within 20 days after the Interconnected Transmission Owner’s receipt of the results of such inspection or testing. The Interconnection Customer shall take appropriate actions to correct any such defects or failure at its sole cost and expense, and shall obtain the Interconnected Transmission Owner’s acceptance of the corrections, which acceptance shall not be unreasonably delayed, withheld or conditioned. Such acceptance does not modify and shall not limit the Interconnection Customer’s indemnification obligations set forth in Appendix 2, section 3.2.3.2(e). 3.8.4.2 In the event that inspection and/or testing of any Transmission Owner Interconnection Facilities built by the Interconnected Transmission Owner identifies any defects or failures to comply with Applicable Standards in such facilities, Interconnected Transmission Owner shall take appropriate action to correct any such defects or failures within 20 days after it learns thereof. In the event that such a defect or failure cannot reasonably be corrected within such 20-day period, Interconnected Transmission Owner shall commence the necessary correction within that time and shall thereafter diligently pursue it to completion.within

Appears in 2 contracts

Samples: Interconnection Construction Service Agreement, Interconnection Construction Service Agreement

Notification and Correction of Defects. 3.8.4.1 If the Interconnected Transmission Owner, based on inspection or testing pursuant to Section 3.8.2 or 3.8.3 of this Appendix 2, identifies any defects or failures to comply with Applicable Standards in the Interconnection Facilities constructed by the Interconnection Customer, the Interconnected Transmission Owner shall notify the Interconnection Customer and Transmission Provider of any identified defects or failures within 20 days after the Interconnected Transmission Owner’s receipt of the results of such inspection or testing. The Interconnection Customer shall take appropriate actions to correct any such defects or failure at its sole cost and expense, and shall obtain the Interconnected Transmission Owner’s acceptance of the corrections, which acceptance shall not be unreasonably delayed, withheld or conditioned. Such acceptance does not modify and shall not limit the Interconnection Customer’s indemnification obligations set forth in Appendix 2, section 3.2.3.2(e). 3.8.4.2 In the event that inspection and/or testing of any Transmission Owner Interconnection Facilities built by the Interconnected Transmission Owner identifies any defects or failures to comply with Applicable Standards in such facilities, Interconnected 7.1.1 In the event that inspection and/or testing of any Network Upgrades, identified in Appendix I to this CSA, built by Transmission Owner identifies any defects or failures to comply with Applicable Standards in such Network Upgrades, then Transmission Owner shall take appropriate action to correct any such defects or failures within 20 days after it learns thereof. In the event that If such a defect or failure cannot reasonably be corrected within such 20-day period, Interconnected Transmission Owner shall commence the necessary correction within that time and shall thereafter diligently pursue it to completion. Such acceptance does not modify and shall not limit the Project Developer’s indemnification obligations set forth in Tariff, Attachment P, Appendix 2, section 3.2.3(e).

Appears in 1 contract

Samples: Construction Service Agreement

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Notification and Correction of Defects. 3.8.4.1 19.4.1 If the Interconnected Transmission Owner, based on inspection or testing pursuant to Section 3.8.2 19.2 or 3.8.3 19.3 of this Appendix 2III, identifies any defects or failures to comply with Applicable Standards in the Interconnection Direct Assignment Facilities and/or Customer-Funded Upgrades constructed by the Interconnection New Service Customer, the Interconnected Transmission Owner shall notify the Interconnection New Service Customer and Transmission Provider of any identified defects or failures within 20 days after the Interconnected Transmission Owner’s receipt of the results of such inspection or testing. The Interconnection New Service Customer shall take appropriate actions to correct any such defects or failure at its sole cost and expense, and shall obtain the Interconnected Transmission Owner’s acceptance of the corrections, which acceptance shall not be unreasonably delayed, withheld or conditioned. Such acceptance does not modify and shall not limit the Interconnection Customer’s indemnification obligations set forth in Appendix 2, section 3.2.3.2(e). 3.8.4.2 19.4.2 In the event that inspection and/or testing of any Transmission Owner Interconnection Direct Assignment Facilities and/or Customer-Funded Upgrades built by the Interconnected Transmission Owner identifies any defects or failures to comply with Applicable Standards in such facilities, Interconnected Transmission Owner shall take appropriate action to correct any such defects or failures within 20 days after it learns thereof. In the event that such a defect or failure cannot reasonably be corrected within such 20-day period, Interconnected Transmission Owner shall commence the necessary correction within that time and shall thereafter diligently pursue it to completion.

Appears in 1 contract

Samples: Upgrade Construction Service Agreement

Notification and Correction of Defects. 3.8.4.1 If the Interconnected Transmission Owner, based on inspection or testing pursuant to Section 3.8.2 or 3.8.3 of this Appendix 2, identifies any defects or failures to comply with Applicable Standards in the Interconnection Facilities constructed by the Interconnection Customer, the Interconnected Transmission Owner shall notify the Interconnection Customer and Transmission Provider of any identified defects or failures within 20 days after the Interconnected Transmission Owner’s receipt of the results of such inspection or testing. The Interconnection Customer shall take appropriate actions to correct any such defects or failure at its sole cost and expense, and shall obtain the Interconnected Transmission Owner’s acceptance of the corrections, which acceptance shall not be unreasonably delayed, withheld or conditioned. Such acceptance does not modify and shall not limit the Interconnection Customer’s indemnification obligations set forth in Appendix 2, section 3.2.3.2(e). 3.8.4.2 In the event that inspection and/or testing of any Transmission Owner Interconnection Facilities built by the Interconnected Transmission Owner identifies any defects or failures to comply with Applicable Standards in such facilities, Interconnected Transmission Owner shall take appropriate action to correct any such defects or failures within 20 days after it learns thereof. In the event that such a defect or failure cannot reasonably be corrected within such 20-day period, Interconnected Transmission Owner shall commence the necessary correction within that time and shall thereafter diligently pursue it to completion.

Appears in 1 contract

Samples: Interconnection Construction Service Agreement

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