Common use of Purchaser’s Design Capacity Shortfall Clause in Contracts

Purchaser’s Design Capacity Shortfall. (i) In the event and to the extent that, as of the Commercial Operation Date, the NECEC Transmission Line is capable of operating at or above 1,090 MW and the Québec Line is only capable of operating below 1,090 MW, and (A) the Québec Line is capable of operating at or above 1,040 MW and despite such condition Owner elects to begin transmission service under the Distribution Company TSA or (B) the Québec Line is capable of operating at less than 1,040 MW and despite such condition Owner requests and Distribution Company provides written consent to begin transmission service under the Distribution Company TSA, then Purchaser shall have the Remediation Period to attempt to increase the operating capacity of the Québec Line to 1,090 MW; provided that upon any extension of the Remediation Period (as defined in the Distribution Company TSA) under the Distribution Company TSA, the Remediation Period hereunder shall be extended accordingly. Purchaser shall pay to Owner, for each day (or part thereof) following the Commercial Operation Date and until the end of the Remediation Period, or such earlier date designated by Owner pursuant to the Distribution Company TSA (the “Purchaser Remediation Date”), an amount equal to One Hundred Dollars ($100) per MW per day multiplied by the Proportionate Share of the difference between 1,090 MW and the operating capacity of the Québec Line. (ii) If, on the earlier of the Purchaser Remediation Date and the end of the Remediation Period, the operating capacity of the Québec Line has been increased to at or above 1,075 MW but less than 1,090 MW, then Purchaser shall be liable to Owner for the Québec Line Capacity Deficiency Payment. Upon the making of such payment, this Agreement shall continue in effect at the actual operating capacity of the Québec Line that was considered for the purpose of determining such payment, and the Contract Capacity shall be deemed modified accordingly.

Purchaser’s Design Capacity Shortfall. (i) In the event and to the extent that, as of the Commercial Operation Date, the NECEC Transmission Line is capable of operating at or above 1,090 1,200 MW and the Québec Line is only capable of operating below 1,090 MW, and (A) the Québec Line is capable of operating below 1,200 MW and at or above 1,040 MW and despite such condition Owner elects to begin transmission service under the Distribution Company TSA MW, or (B) the Québec Line is capable of operating at less than 1,040 MW and despite such condition Owner requests and Distribution Company provides the RFP Sponsors provide written consent to begin transmission service under the Distribution Company TSARFP Sponsor TSAs, then Owner may elect to begin transmission service hereunder, and Purchaser shall have twenty-four (24) months from the Remediation Period Commercial Operation Date to attempt to increase the such operating capacity of to 1,200 MW (the Québec Line to 1,090 MW“Purchaser Remediation Period”); provided that upon any extension of the Remediation Period (as defined in the Distribution Company TSARFP Sponsor TSAs) under the Distribution Company TSARFP Sponsor TSAs, the Purchaser Remediation Period hereunder shall be extended accordingly. Purchaser shall pay to Owner, for each day (or part thereof) following the Commercial Operation Date and until the end of the Purchaser Remediation Period, or such earlier date designated by Purchaser in writing to Owner pursuant to the Distribution Company TSA (the “Purchaser Remediation Date”), an amount equal to One Hundred Dollars ($100) per MW per day multiplied by the Proportionate Share of the difference between 1,090 1,200 MW and the operating capacity of the Québec LineLine as of the Commercial Operation Date (but not to exceed 110 MW). Such payments shall be made on a monthly basis pursuant to invoices delivered by Owner to Purchaser. (ii) If, on the earlier of the Purchaser Remediation Date and the end of the Purchaser Remediation Period, (A) the Québec Line is not capable of operating at or above 1,090 MW and Purchaser fails to pay the Transmission Service Payment on a monthly basis without downward adjustment to reflect such reduced capacity, either Party may terminate this Agreement without further recourse by either Party against the other, or (B) the operating capacity of the Québec Line has been increased to at or above 1,075 is more than 1,090 MW but less than 1,090 1,200 MW, then Purchaser shall be liable to Owner for the Québec Line Capacity Deficiency Payment. Upon the making of such payment, this Agreement shall continue in effect at the actual operating capacity of the Québec Line that was considered for the purpose of determining such paymentLine, and the Contract Capacity shall be deemed modified accordinglyaccordingly and Purchaser shall pay the Transmission Service Payment on a monthly basis without downward adjustment to reflect such reduced capacity.