Common use of Option to Build Clause in Contracts

Option to Build. If the dates designated by Interconnection Customer are not acceptable to Transmission Owner, the Transmission Owner shall so notify the Interconnection Customer and NYISO within thirty (30) Calendar Days, and unless the Interconnection Customer and Transmission Owner agree otherwise, Interconnection Customer shall have the option to assume responsibility for the design, procurement and construction of Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities on the dates specified in Article 5.1.2; provided that if an Attachment Facility or Stand Alone System Upgrade Facility is needed for more than one Interconnection Customer’s project, Interconnection Customer’s option to build such Facility shall be contingent on the agreement of all other affected Interconnection Customers. NYISO, Transmission Owner and Interconnection Customer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify such Stand Alone System Upgrade Facilities in Appendix A hereto. Except for Stand Alone System Upgrade Facilities, Interconnection Customer shall have no right to construct System Upgrade Facilities under this option.

Option to Build. ‌ If the dates designated by Interconnection Customer are not acceptable to Connecting Transmission Owner, the Connecting Transmission Owner shall so notify the Interconnection Customer and NYISO within thirty (30) Calendar Days, and unless the Interconnection Customer and Connecting Transmission Owner agree otherwise, Interconnection Customer shall have the option to assume responsibility for the design, procurement and construction of Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities on the dates specified in Article 5.1.2; provided that if an Attachment Facility or Stand Alone System Upgrade Facility is needed for more than one Interconnection Customer’s project, Interconnection Customer’s option to build such Facility shall be contingent on the agreement of all other affected Interconnection Customers. NYISO, Connecting Transmission Owner and Interconnection Customer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify such Stand Alone System Upgrade Facilities in Appendix A hereto. Except for Stand Alone System Upgrade Facilities, Interconnection Customer shall have no right to construct System Upgrade Facilities under this option.

Option to Build. ‌ If the dates designated by Interconnection Customer are not acceptable to Connecting Transmission Owner, the Connecting Transmission Owner shall so notify the Interconnection Customer and NYISO within thirty (30) Calendar Days, and unless the Interconnection Customer and Connecting Transmission Owner agree otherwise, Interconnection Customer shall have the option to assume responsibility for the design, procurement and construction of Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities on the dates specified in Article 5.1.2; provided that if an Attachment Facility or Stand Alone System Upgrade Facility is needed for more than one Interconnection Customer’s project, Interconnection Customer’s option to build such Facility shall be contingent on the agreement of all other affected Interconnection Customers. NYISO, Connecting Transmission Owner and Interconnection Customer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify such Stand Alone System Upgrade Facilities in Appendix A hereto. Except for Stand Alone System Upgrade Facilities, Interconnection Customer shall have no right to construct System Upgrade Facilities under this option.

Option to Build. If the dates designated by Interconnection DeveloperInterconnection Customer are not acceptable to Connecting Transmission Owner, the Connecting Transmission Owner shall so notify the Interconnection DeveloperInterconnection Customer and NYISO within thirty (30) Calendar Days, and unless the Interconnection DeveloperInterconnection Customer and Connecting Transmission Owner agree otherwise, Interconnection DeveloperInterconnection Customer shall have the option to assume responsibility for the design, procurement and construction of Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities on the dates specified in Article 5.1.2; provided that if an Attachment Facility or Stand Alone System Upgrade Facility is needed for more than one Interconnection Developer’sInterconnection Customer’s project, Interconnection Developer’sInterconnection Customer’s option to build such Facility shall be contingent on the agreement of all other affected Developers. NYISO,Interconnection Customers. NYISO, Connecting Transmission Owner and Interconnection DeveloperInterconnection Customer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify such Stand Alone System Upgrade Facilities in Appendix A hereto. Except for Stand Alone System Upgrade Facilities, Interconnection DeveloperInterconnection Customer shall have no right to construct System Upgrade Facilities under this option.

Option to Build. If the dates designated by Interconnection Customer are not acceptable to Connecting Transmission Owner, the Connecting Transmission Owner shall so notify the Interconnection Customer and NYISO within thirty (30) Calendar Days, and unless the Interconnection Customer and Connecting Transmission Owner agree otherwise, Interconnection Customer shall have the option to assume responsibility for the design, procurement and construction of Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities on the dates specified in Article 5.1.2; provided that if an Attachment Facility or Stand Alone System Upgrade Facility is needed for more than one Interconnection Customer’s project, Interconnection Customer’s option to build such Facility shall be contingent on the agreement of all other affected Interconnection Customers. NYISO, Connecting Transmission Owner and Interconnection Customer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify such Stand Alone System Upgrade Facilities in Appendix A hereto. Except for Stand Alone System Upgrade Facilities, Interconnection Customer shall have no right to construct System Upgrade Facilities under this option.

Option to Build. If the dates designated by Interconnection Customer are not acceptable to Connecting Transmission Owner, the Connecting Transmission Owner shall so notify the Interconnection Customer and NYISO within thirty (30) Calendar Days, and unless the Interconnection Customer and Connecting Transmission Owner agree otherwise, Interconnection Customer shall have the option to assume responsibility for the design, procurement and construction of Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities on the dates specified in Article 5.1.2; provided that if an Attachment Facility or Stand Alone System Upgrade Facility is needed for more than one Interconnection Customer’s project, Interconnection Customer’s option to build such Facility shall be contingent on the agreement of all other affected Interconnection Customers. NYISO, Connecting Transmission Owner and Interconnection Customer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify such Stand Alone System Upgrade Facilities in Appendix A hereto. Except for Stand Alone System Upgrade Facilities, Interconnection Customer shall have no right to construct System Upgrade Facilities under this option.