Common use of Payment of Pool Charges; Termination of Status as Participant Clause in Contracts

Payment of Pool Charges; Termination of Status as Participant. (a) Any Participant shall have the right to terminate its status as a Participant upon no less than sixty (60) days’ prior written notice given to the Secretary of the Participants Committee. (b) If at any time during the term of this Agreement a receiver or trustee of a Participant is appointed or a Participant is adjudicated bankrupt or an order for relief is entered under the Federal Bankruptcy Code against a Participant or if there shall be filed against any Participant in any court (pursuant to the Federal Bankruptcy Code or any statute of Canada or any state or province) a petition in bankruptcy or insolvency or for reorganization or for appointment of a receiver or trustee of all or a portion of the Participant’s property, and within ninety (90) days after the filing of such a petition against the Participant, the Participant shall fail to secure a discharge thereof, or if any Participant shall file a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy or insolvency law or shall make an assignment for the benefit of creditors, the Participants Committee may terminate such Participant’s status as a Participant as of any time thereafter. (c) Each Participant is obligated to pay when due all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or on behalf of NEPOOL, in accordance with ISO Operating Documents. If a Participant fails to meet its obligations hereunder, NEPOOL may terminate such member’s status as a Participant. If a Participant disputes an invoice with respect to charges hereunder, it shall be entitled to continue to remain a member so long as the Participant (i) continues to make all payments not in dispute, and (ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of the dispute. (d) In the event a Participant fails, for any reason other than a billing dispute as described in subsection (c) of this Section 16.1, to pay when due all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or on behalf of NEPOOL (a “Payment Default”), or the Participant fails to perform any other obligation under this Agreement, and such failure continues for at least five (5) days in the case of a Payment Default and for at least ten (10) days in the case of any other default, NEPOOL, or the System Operator on behalf of NEPOOL, may (but shall not be required to) notify such Participant in writing, electronically and by first class mail sent in each case to such Participant’s member or alternate on the Participants Committee or billing contact, that it is in default, and NEPOOL may initiate a proceeding before the Commission to terminate such Participant’s status as a Participant. Simultaneously with the giving of the notice described in the preceding sentence in the case of a Payment Default and within ten (10) days after the giving of such notice in the case of any other default (unless the Issued by: Xxxxx X. Xxxx, Secretary Effective: February 1, 2005 Issued on: September 13, 2004 New England Power Pool Sheet No. 51 Second Restated NEPOOL Agreement

Payment of Pool Charges; Termination of Status as Participant. (a) Any Participant shall have the right to terminate its status as a Participant upon no less than sixty (60) days’ six months' prior written notice given to the Secretary of the Participants Committee. (b) If at any time during the term of this Agreement a receiver or trustee of a Participant is appointed or a Participant is adjudicated bankrupt or an order for relief is entered under the Federal Bankruptcy Code against a Participant or if there shall be filed against any Participant in any court (pursuant to the Federal Bankruptcy Code or any statute of Canada or any state or province) a petition in bankruptcy or insolvency or for reorganization or for appointment of a receiver or trustee of all or a portion of the Participant’s 's property, and within ninety (90) days after the filing of such a petition against the Participant, the Participant shall fail to secure a discharge thereof, or if any Participant shall file a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy or insolvency law or shall make an assignment for the benefit of creditors, the Participants Committee may terminate such Participant’s 's status as a Participant as of any time thereafter. (c) Each Participant is obligated to pay when due in accordance with NEPOOL procedures all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or ISO on behalf of NEPOOL, in accordance with ISO Operating Documents. If a Participant fails to meet its obligations hereunder, NEPOOL may terminate such member’s status as a Participant. If a Participant disputes an a NEPOOL invoice with respect to charges hereunderin whole or part, it shall be entitled to continue to remain a member receive service under the Agreement and the Tariff, so long as the Participant (i) continues to make all payments not in dispute, and (ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of the dispute. If the Participant fails to meet these two requirements for continuation of service, NEPOOL may suspend service, in whole or part, to the Participant sixty days after the giving of notice to the Participant of NEPOOL's intention to suspend service, in accordance with Commission policy. (d) In the event a Participant fails, for any reason other than a billing dispute as described in subsection (c) of this Section 16.121.2, to pay when due in accordance with NEPOOL procedures all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or ISO on behalf of NEPOOL (a “Payment Default”)NEPOOL, or the Participant fails to perform any other obligation under this Agreementthe Agreement or the Tariff, and such failure continues for at least five (5) days in ten days, NEPOOL may notify the case of a Payment Default and for at least ten (10) days in the case of any other default, NEPOOL, or the System Operator on behalf of NEPOOL, may (but shall not be required to) notify such Participant in writing, electronically and by first class mail sent in each case to such Participant’s member or alternate on the Participants Committee or billing contact, that it is in default, default and NEPOOL may initiate a proceeding before the Commission to terminate such Participant’s 's status as a Participant. Simultaneously with Pending Commission action on such termination, NEPOOL may suspend service, in whole or part, to the giving of the notice described in the preceding sentence in the case of a Payment Default and within ten (10) Participant on or after 50 days after the giving of such notice and the initiation of such proceeding, in accordance with Commission policy, unless the case Participant cures the default within such 50- day period. (e) If the status of a Participant as a Participant is terminated pursuant to this Section 21.2 or any other provision of this Agreement, such former Participant's generation and transmission facilities shall continue to be subject to such NEPOOL or other requirements relating to reliability as the Commission may approve in acting on the termination, for so long as the Commission may direct. Further, if any of such former Participant's transmission facilities are required in order to permit transactions among any of the remaining Participants pursuant to this Agreement or the Tariff, all pending requests for transmission service under the Tariff relating to such Participant's facilities shall be followed to completion under the Participant's own tariff and all existing service over the Participant's facilities shall continue to be provided under the Tariff for a period of three years. It is the intent of this subsection that no such termination should be allowed to jeopardize the reliability of the bulk power facilities of any other default remaining Participant or should be allowed to impose any unreasonable financial burden on any remaining Participant. (unless f) No such termination of a Participant's status as a Participant shall affect any obligation of, or to, such former Participant incurred prior to the Issued by: Xxxxx X. Xxxx, Secretary Effective: February 1, 2005 Issued on: September 13, 2004 New England Power Pool Sheet No. 51 Second Restated NEPOOL Agreementeffective time of such termination.

Payment of Pool Charges; Termination of Status as Participant. (a) Any Participant shall have the right to terminate its status as a Participant upon no less than sixty (60) days’ six months' prior written notice given to the Secretary of the Participants Management Committee. (b) If at any time during the term of this Agreement a receiver or trustee of a Participant is appointed or a Participant is adjudicated bankrupt or an order for relief is entered under the Federal Bankruptcy Code against a Participant or if there shall be filed against any Participant in any court (pursuant to the Federal Bankruptcy Code or any statute of Canada or any state or province) a petition in bankruptcy or insolvency or for reorganization or for appointment of a receiver or trustee of all or a portion of the Participant’s 's property, and within ninety (90) days after the filing of such a petition against the Participant, the Participant shall fail to secure a discharge thereof, or if any Participant shall file a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy or insolvency law or shall make an assignment for the benefit of creditors, the Participants Management Committee may terminate such Participant’s 's status as a Participant as of any time thereafter. (c) Each Participant is obligated to pay when due in accordance with NEPOOL procedures all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or ISO on behalf of NEPOOL, in accordance with ISO Operating Documents. If a Participant fails to meet its obligations hereunder, NEPOOL may terminate such member’s status as a Participant. If a Participant disputes an a NEPOOL invoice with respect to charges hereunderin whole or part, it shall be entitled to continue to remain a member receive service under the Agreement and the Tariff, so long as the Participant (i) continues to make all payments not in dispute, and (ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of the dispute. If the Participant fails to meet these two requirements for continuation of service, NEPOOL may suspend service, in whole or part, to the Participant sixty days after the giving of notice to the Participant of NEPOOL's intention to suspend service, in accordance with Commission policy. (d) In the event a Participant fails, for any reason other than a billing dispute as described in subsection (c) of this Section 16.1, to pay when due all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or on behalf of NEPOOL (a “Payment Default”), or the Participant fails to perform any other obligation under this Agreement, and such failure continues for at least five (5) days in the case of a Payment Default and for at least ten (10) days in the case of any other default, NEPOOL, or the System Operator on behalf of NEPOOL, may (but shall not be required to) notify such Participant in writing, electronically and by first class mail sent in each case to such Participant’s member or alternate on the Participants Committee or billing contact, that it is in default, and NEPOOL may initiate a proceeding before the Commission to terminate such Participant’s status as a Participant. Simultaneously with the giving of the notice described in the preceding sentence in the case of a Payment Default and within ten (10) days after the giving of such notice in the case of any other default (unless the Issued by: Xxxxx X. Xxxx, Secretary Effective: February 1, 2005 Issued on: September 13, 2004 New England Power Pool Sheet No. 51 Second Restated NEPOOL AgreementSection

Payment of Pool Charges; Termination of Status as Participant. (a) Any Participant shall have the right to terminate its status as a Participant upon no less than sixty (60) days’ six months' prior written notice given to the Secretary of the Participants Management Committee. (b) If at any time during the term of this Agreement a receiver or trustee of a Participant is appointed or a Participant is adjudicated bankrupt or an order for relief is entered under the Federal Bankruptcy Code against a Participant or if there shall be filed against any Participant in any court (pursuant to the Federal Bankruptcy Code or any statute of Canada or any state or provincestate) a petition in bankruptcy or insolvency or for reorganization or for appointment of a receiver or trustee of all or a portion of the Participant’s 's property, and within ninety (90) days after the filing of such a petition against the Participant, the Participant shall fail to secure a discharge thereof, or if any Participant shall file a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy or insolvency law or shall make an assignment for the benefit of creditors, the Participants Management Committee may terminate such Participant’s 's status as a Participant as of any time thereafter. (c) Each Participant is obligated to pay when due in accordance with NEPOOL procedures all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or ISO on behalf of NEPOOL, in accordance with ISO Operating Documents. If a Participant fails to meet its obligations hereunder, NEPOOL may terminate such member’s status as a Participant. If a Participant disputes an a NEPOOL invoice with respect to charges hereunderin whole or part, it shall be entitled to continue to remain a member receive service under the Agreement and the Tariff, so long as the Participant (i) continues to make all payments not in dispute, and (ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of the dispute. If the Participant fails to meet these two requirements for continuation of service, NEPOOL may suspend service, in whole or part, to the Participant sixty days after the giving of notice to the Participant of NEPOOL's intention to suspend service, in accordance with Commission policy. (d) In the event a Participant fails, for any reason other than a billing dispute as described in subsection (c) of this Section 16.121.2, to pay when due in accordance with NEPOOL procedures all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or ISO on behalf of NEPOOL (a “Payment Default”)NEPOOL, or the Participant fails to perform any other obligation under this Agreementthe Agreement or the Tariff, and such failure continues for at least five (5) days in ten days, NEPOOL may notify the case of a Payment Default and for at least ten (10) days in the case of any other default, NEPOOL, or the System Operator on behalf of NEPOOL, may (but shall not be required to) notify such Participant in writing, electronically and by first class mail sent in each case to such Participant’s member or alternate on the Participants Committee or billing contact, that it is in default, default and NEPOOL may initiate a proceeding before the Commission to terminate such Participant’s 's status as a Participant. Simultaneously with Pending Commission action on such termination, NEPOOL may suspend service, in whole or part, to the giving of the notice described in the preceding sentence in the case of a Payment Default and within ten (10) Participant on or after 50 days after the giving of such notice and the initiation of such proceeding, in accordance with Commission policy, unless the case Participant cures the default within such 50-day period. (e) If the status of a Participant as a Participant is terminated pursuant to this Section 21.2 or any other provision of this Agreement, such former Participant's generation and transmission facilities shall continue to be subject to such NEPOOL or other requirements relating to reliability as the Commission may approve in acting on the termination, for so long as the Commission may direct. Further, if any of such former Participant's transmission facilities are required in order to permit transactions among any of the remaining Participants pursuant to this Agreement or the Tariff, all pending requests for transmission service under the Tariff relating to such Participant's facilities shall be followed to completion under the Participant's own tariff and all existing service over the Participant's facilities shall continue to be provided under the Tariff for a period of three years. It is the intent of this subsection that no such termination should be allowed to jeopardize the reliability of the bulk power facilities of any other default remaining Participant or should be allowed to impose any unreasonable financial burden on any remaining Participant. (unless f) No such termination of a Participant's status as a Participant shall affect any obligation of, or to, such former Participant arising prior to the Issued by: Xxxxx X. Xxxx, Secretary Effective: February 1, 2005 Issued on: September 13, 2004 New England Power Pool Sheet No. 51 Second Restated NEPOOL Agreementeffective time of such termination.

Payment of Pool Charges; Termination of Status as Participant. (a) Any Participant shall have the right to terminate its status as a Participant upon no less than sixty (60) days’ six months' prior written notice given to the Secretary of the Participants Committee. (b) If at any time during the term of this Agreement a receiver or trustee of a Participant is appointed or a Participant is adjudicated bankrupt or an order for relief is entered under the Federal Bankruptcy Code against a Participant or if there shall be filed against any Participant in any court (pursuant to the Federal Bankruptcy Code or any statute of Canada or any state or province) a petition in bankruptcy or insolvency or for reorganization or for appointment of a receiver or trustee of all or a portion of the Participant’s 's property, and within ninety (90) days after the filing of such a petition against the Participant, the Participant shall fail to secure a discharge thereof, or if any Participant shall file a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy or insolvency law or shall make an assignment for the benefit of creditors, the Participants Committee may terminate such Participant’s 's status as a Participant as of any time thereafter. (c) Each Participant is obligated to pay when due in accordance with NEPOOL procedures all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or ISO on behalf of NEPOOL, in accordance with ISO Operating Documents. If a the Participant fails to meet its obligations hereunderthis requirement for continuation of service, NEPOOL the actions described in subsection (d) of this Section 21.2 may terminate such member’s status as a Participantbe taken. If a Participant disputes an a NEPOOL invoice with respect to charges hereunderfor transmission service in whole or part, it shall be entitled to continue to remain a member receive service under the Agreement and the Tariff, so long as the Participant (i) continues to make all payments not in dispute, and (ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of the dispute. (d) In the event a Participant fails, for any reason other than a billing dispute as described in subsection (c) of this Section 16.1, fails to pay when due in accordance with NEPOOL System Rules (including, without limitation, the NEPOOL Billing Policy attached to the Tariff (the "Billing Policy")) all amounts invoiced to it by NEPOOLXXXXXX, or by the System Operator on its own behalf or ISO on behalf of NEPOOL (a “"Payment Default”"), or the Participant fails to comply with the Financial Assurance Policy for NEPOOL Members attached to the Tariff (the "Member Financial Assurance Policy"), or the Participant fails to perform any other obligation obligations under this Agreementthe Agreement or the Tariff, and such failure continues for at least five (5) days in the case of a Payment Default and for at least ten (10) days in the case of any other defaultdays, NEPOOL, or the System Operator ISO on behalf of NEPOOL, may (but shall not be required to) notify such Participant in writing, electronically and by first class mail sent in each case to such Participant’s 's member or alternate on the Participants Committee or billing contact, that it is in default, and NEPOOL may initiate a proceeding before the Commission to terminate such Participant’s 's status as a Participant. Simultaneously Either simultaneously with the giving of the notice described in the preceding sentence in or within ten days thereafter (unless the case default or failure giving rise to such notice is cured during such period), NEPOOL, or the ISO on behalf of NEPOOL, shall notify each other member and alternate on the Participants Committee and each Participant's billing contact of the identity of the Participant receiving such notice, whether such notice relates to a Payment Default Default, to a failure to comply with the Member Financial Assurance Policy, or to another failure to perform obligations under the Agreement or the Tariff, and within ten (10) the actions the ISO plans to take and/or has taken in response to such default or failure. Pending Commission action on such termination, NEPOOL may suspend service, in whole or part, to the Participant on or after 50 days after the giving of notice and the initiation of such notice proceeding, in accordance with [Next Sheet is 265] Commission policy, unless the case Participant cures the default within such 50- day period. (e) If the status of a Participant as a Participant is terminated pursuant to this Section 21.2 or any other provision of this Agreement, such former Participant's generation and transmission facilities shall continue to be subject to such NEPOOL or other requirements relating to reliability as the Commission may approve in acting on the termination, for so long as the Commission may direct. Further, if any of such former Participant's transmission facilities are required in order to permit transactions among any of the remaining Participants pursuant to this Agreement or the Tariff, all pending requests for transmission service under the Tariff relating to such Participant's facilities shall be followed to completion under the Participant's own tariff and all existing service over the Participant's facilities shall continue to be provided under the Tariff for a period of three years. It is the intent of this subsection that no such termination should be allowed to jeopardize the reliability of the bulk power facilities of any other default remaining Participant or should be allowed to impose any unreasonable financial burden on any remaining Participant. (unless f) No such termination of a Participant's status as a Participant shall affect any obligation of, or to, such former Participant incurred prior to the Issued by: Xxxxx X. Xxxx, Secretary Effective: February 1, 2005 Issued on: September 13, 2004 New England Power Pool Sheet No. 51 Second Restated NEPOOL Agreementeffective time of such termination.

Payment of Pool Charges; Termination of Status as Participant. (a) Any Participant shall have the right to terminate its status as a Participant upon no less than sixty (60) days’ six months' prior written notice given to the Secretary of the Participants Committee. (b) If at any time during the term of this Agreement a receiver or trustee of a Participant is appointed or a Participant is adjudicated bankrupt or an order for relief is entered under the Federal Bankruptcy Code against a Participant or if there shall be filed against any Participant in any court (pursuant to the Federal Bankruptcy Code or any statute of Canada or any state or province) a petition in bankruptcy or insolvency or for reorganization or for appointment of a receiver or trustee of all or a portion of the Participant’s 's property, and within ninety (90) days after the filing of such a petition against the Participant, the Participant shall fail to secure a discharge thereof, or if any Participant shall file a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy or insolvency law or shall make an assignment for the benefit of creditors, the Participants Committee may terminate such Participant’s 's status as a Participant as of any time thereafter. (c) Each Participant is obligated to pay when due in accordance with NEPOOL procedures all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or ISO on behalf of NEPOOL, in accordance with ISO Operating Documents. If a Participant fails to meet its obligations hereunder, NEPOOL may terminate such member’s status as a Participant. If a Participant disputes an a NEPOOL invoice with respect to charges hereunderin whole or part, it shall be entitled to continue to remain a member receive service under the Agreement and the Tariff, so long as the Participant (i) continues to make all payments not in dispute, and (ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of the dispute. If the Participant fails to meet these two requirements for continuation of service, NEPOOL may suspend service, in whole or part, to the Participant sixty days after the giving of notice to the Participant of NEPOOL's intention to suspend service, in accordance with Commission policy. (d) In the event a Participant fails, for any reason other than a billing dispute as described in subsection (c) of this Section 16.121.2, to pay when due in accordance with NEPOOL procedures all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or ISO on behalf of NEPOOL (a “Payment Default”)NEPOOL, or the Participant fails to perform any other obligation under this Agreementthe Agreement or the Tariff, and such failure continues for at least five (5) days in ten days, NEPOOL may notify the case of a Payment Default and for at least ten (10) days in the case of any other default, NEPOOL, or the System Operator on behalf of NEPOOL, may (but shall not be required to) notify such Participant in writing, electronically and by first class mail sent in each case to such Participant’s member or alternate on the Participants Committee or billing contact, that it is in default, default and NEPOOL may initiate a proceeding before the Commission to terminate such Participant’s 's status as a Participant. Simultaneously with Pending Commission action on such termination, NEPOOL may suspend service, in whole or part, to the giving of the notice described in the preceding sentence in the case of a Payment Default and within ten (10) Participant on or after 50 days after the giving of such notice and the initiation of such proceeding, in accordance with Commission policy, unless the case Participant cures the default within such 50-day period. (e) If the status of a Participant as a Participant is terminated pursuant to this Section 21.2 or any other provision of this Agreement, such former Participant's generation and transmission facilities shall continue to be subject to such NEPOOL or other requirements relating to reliability as the Commission may approve in acting on the termination, for so long as the Commission may direct. Further, if any of such former Participant's transmission facilities are required in order to permit transactions among any of the remaining Participants pursuant to this Agreement or the Tariff, all pending requests for transmission service under the Tariff relating to such Participant's facilities shall be followed to completion under the Participant's own tariff and all existing service over the Participant's facilities shall continue to be provided under the Tariff for a period of three years. It is the intent of this subsection that no such termination should be allowed to jeopardize the reliability of the bulk power facilities of any other default remaining Participant or should be allowed to impose any unreasonable financial burden on any remaining Participant. (unless f) No such termination of a Participant's status as a Participant shall affect any obligation of, or to, such former Participant incurred prior to the Issued by: Xxxxx X. Xxxx, Secretary Effective: February 1, 2005 Issued on: September 13, 2004 New England Power Pool Sheet No. 51 Second Restated NEPOOL Agreementeffective time of such termination.

Payment of Pool Charges; Termination of Status as Participant. (a) Any Participant shall have the right to terminate its status as a Participant upon no less than sixty (60) days’ prior written notice given to the Secretary of the Participants Committee. (b) If at any time during the term of this Agreement a receiver or trustee of a Participant is appointed or a Participant is adjudicated bankrupt or an order for relief is entered under the Federal Bankruptcy Code against a Participant or if there shall be filed against any Participant in any court (pursuant to the Federal Bankruptcy Code or any statute of Canada or any state or province) a petition in bankruptcy or insolvency or for reorganization or for appointment of a receiver or trustee of all or a portion of the Participant’s property, and within ninety (90) days after the filing of such a petition against the Participant, the Participant shall fail to secure a discharge thereof, or if any Participant shall file a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy or insolvency law or shall make an assignment for the benefit of creditors, the Participants Committee may terminate such Participant’s status as a Participant as of any time thereafter. (c) Each Participant is obligated to pay when due all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or on behalf of NEPOOL, in accordance with ISO Operating Documents. If a Participant fails to meet its obligations hereunder, NEPOOL may terminate such member’s status as a Participant. If a Participant disputes an invoice with respect to charges hereunder, it shall be entitled to continue to remain a member so long as the Participant (i) continues to make all payments not in dispute, and (ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of the dispute. (d) In the event a Participant fails, for any reason other than a billing dispute as described in subsection (c) of this Section 16.1, to pay when due all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or on behalf of NEPOOL (a “Payment Default”), or the Participant fails to perform any other obligation under this Agreement, and such failure continues for at least five (5) days in the case of a Payment Default and for at least ten (10) days in the case of any other default, NEPOOL, or the System Operator on behalf of NEPOOL, may (but shall not be required to) notify such Participant in writing, electronically and by first class mail sent in each case to such Participant’s member or alternate on the Participants Committee or billing contact, that it is in default, and NEPOOL may initiate a proceeding before the Commission to terminate such Participant’s status as a Participant. Simultaneously with the giving of the notice described in the preceding sentence in the case of a Payment Default and within ten (10) days after the giving of such notice in the case of any other default (unless the Issued by: Xxxxx X. Xxxxdefault giving rise to such notice is cured during such period), Secretary Effective: February 1NEPOOL, 2005 Issued on: September 13or the System Operator on behalf of NEPOOL, 2004 New England Power Pool Sheet Noshall notify each other member and alternate on the Participants Committee and each Participant’s billing contact of the identity of the Participant receiving such notice, whether such notice relates to a Payment Default, or to another failure to perform obligations under this Agreement, and the actions NEPOOL and/or the System Operator on behalf of NEPOOL plans to take and/or has taken in response to such default. 51 Second Restated Pending Commission action on such termination, NEPOOL Agreementmay suspend the Participant’s rights under this Agreement on or after fifty (50) days after the giving of such notice and the initiation of such proceeding, in accordance with Commission policy, unless the Participant cures the default within such period. Nothing set forth in this Section 16.1 is intended to limit the additional provisions of the Information Policy, or the financial assurance or billing policies attached to the Tariff relating to defaults. Each Participant that fails to perform any of its obligations under this Agreement shall reimburse NEPOOL and the System Operator for all of the fees, costs and expenses that they incur as a result of such failure, including without limitation all fees, costs and expenses related to proceedings to terminate such Participant. (e) No such termination of a Participant’s status as a Participant shall affect any obligation of, or to, such former Participant incurred prior to the effective time of such termination. The provisions of this Section 16.1 shall not be amended without the consent of the System Operator.

Payment of Pool Charges; Termination of Status as Participant. (a) Any Participant shall have the right to terminate its status as a Participant upon no less than sixty (60) days’ six months' prior written notice given to the Secretary of the Participants Committee. (b) If at any time during the term of this Agreement a receiver or trustee of a Participant is appointed or a Participant is adjudicated bankrupt or an order for relief is entered under the Federal Bankruptcy Code against a Participant or if there shall be filed against any Participant in any court (pursuant to the Federal Bankruptcy Code or any statute of Canada or any state or province) a petition in bankruptcy or insolvency or for reorganization or for appointment of a receiver or trustee of all or a portion of the Participant’s 's property, and within ninety (90) days after the filing of such a petition against the Participant, the Participant shall fail to secure a discharge thereof, or if any Participant shall file a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy or insolvency law or shall make an assignment for the benefit Issued by: David T. Doot Effective: March 1, 0000 Xxxxxx xn: December 30, 1999 67269.43 New England Power Pool FERC Electric Rate Schedule No. 5, Original Revised Sheet No. 276 of creditors, the Participants Committee may terminate such Participant’s 's status as a Participant as of any time thereafter. (c) Each Participant is obligated to pay when due in accordance with NEPOOL procedures all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or ISO on behalf of NEPOOL, in accordance with ISO Operating Documents. If a Participant fails to meet its obligations hereunder, NEPOOL may terminate such member’s status as a Participant. If a Participant disputes an a NEPOOL invoice with respect to charges hereunderin whole or part, it shall be entitled to continue to remain a member receive service under the Agreement and the Tariff, so long as the Participant (i) continues to make all payments not in dispute, and (ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of the dispute. If the Participant fails to meet these two requirements for continuation of service, NEPOOL may suspend service, in whole or part, to the Participant sixty days after the giving of notice to the Participant of NEPOOL's intention to suspend service, in accordance with Commission policy. (d) In the event a Participant fails, for any reason other than a billing dispute as described in subsection (c) of this Section 16.1, to pay when due all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or on behalf of NEPOOL (a “Payment Default”), or the Participant fails to perform any other obligation under this Agreement, and such failure continues for at least five (5) days in the case of a Payment Default and for at least ten (10) days in the case of any other default, NEPOOL, or the System Operator on behalf of NEPOOL, may (but shall not be required to) notify such Participant in writing, electronically and by first class mail sent in each case to such Participant’s member or alternate on the Participants Committee or billing contact, that it is in default, and NEPOOL may initiate a proceeding before the Commission to terminate such Participant’s status as a Participant. Simultaneously with the giving of the notice described in the preceding sentence in the case of a Payment Default and within ten (10) days after the giving of such notice in the case of any other default (unless the Issued by: Xxxxx X. Xxxx, Secretary Effective: February 1, 2005 Issued on: September 13, 2004 New England Power Pool Sheet No. 51 Second Restated NEPOOL AgreementSection

Payment of Pool Charges; Termination of Status as Participant. (a) Any Participant shall have the right to terminate its status as a Participant upon no less than sixty (60) days’ prior written notice given to the Secretary of the Participants Committee. (b) If at any time during the term of this Agreement a receiver or trustee of a Participant is appointed or a Participant is adjudicated bankrupt or an order for relief is entered under the Federal Bankruptcy Code against a Participant or if there shall be filed against any Participant in any court (pursuant to the Federal Bankruptcy Code or any statute of Canada or any state or province) a petition in bankruptcy or insolvency or for reorganization or for appointment of a receiver or trustee of all or a portion of the Participant’s property, and within ninety (90) days after the filing of such a petition against the Participant, the Participant shall fail to secure a discharge thereof, or if any Participant shall file a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy or insolvency law or shall make an assignment for the benefit of creditors, the Participants Committee may terminate such Participant’s status as a Participant as of any time thereafter.thereafter.‌ (c) Each Participant is obligated to pay when due all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or on behalf of NEPOOL, in accordance with ISO Operating Documents. If a Participant fails to meet its obligations hereunder, NEPOOL may terminate such member’s status as a Participant. If a Participant disputes an invoice with respect to charges hereunder, it shall be entitled to continue to remain a member so long as the Participant (i) continues to make all payments not in dispute, and (ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of the dispute. (d) In the event a Participant fails, for any reason other than a billing dispute as described in subsection (c) of this Section 16.1, to pay when due all amounts invoiced to it by NEPOOL, or by the System Operator on its own behalf or on behalf of NEPOOL (a “Payment Default”), or the Participant fails to perform any other obligation under this Agreement, and such failure continues for at least five (5) days in the case of a Payment Default and for at least ten (10) days in the case of any other default, NEPOOL, or the System Operator on behalf of NEPOOL, may (but shall not be required to) notify such Participant in writing, electronically and by first class mail sent in each case to such Participant’s member or alternate on the Participants Committee or billing contact, that it is in default, and NEPOOL may initiate a proceeding before the Commission to terminate such Participant’s status as a Participant. Simultaneously with the giving of the notice described in the preceding sentence in the case of a Payment Default and within ten (10) days after the giving of such notice in the case of any other default (unless the Issued by: Xxxxx X. Xxxxdefault giving rise to such notice is cured during such period), Secretary Effective: February 1NEPOOL, 2005 Issued on: September 13or the System Operator on behalf of NEPOOL, 2004 New England Power Pool Sheet Noshall notify each other member and alternate on the Participants Committee and each Participant’s billing contact of the identity of the Participant receiving such notice, whether such notice relates to a Payment Default, or to another failure to perform obligations under this Agreement, and the actions NEPOOL and/or the System Operator on behalf of NEPOOL plans to take and/or has taken in response to such default. 51 Second Restated Pending Commission action on such termination, NEPOOL Agreementmay suspend the Participant’s rights under this Agreement on or after fifty (50) days after the giving of such notice and the initiation of such proceeding, in accordance with Commission policy, unless the Participant cures the default within such period. Nothing set forth in this Section 16.1 is intended to limit the additional provisions of the Information Policy, or the financial assurance or billing policies attached to the Tariff relating to defaults. Each Participant that fails to perform any of its obligations under this Agreement shall reimburse NEPOOL and the System Operator for all of the fees, costs and expenses that they incur as a result of such failure, including without limitation all fees, costs and expenses related to proceedings to terminate such Participant. (e) No such termination of a Participant’s status as a Participant shall affect any obligation of, or to, such former Participant incurred prior to the effective time of such termination. The provisions of this Section 16.1 shall not be amended without the consent of the System Operator.