Repayment of Amounts Advanced for Network Sample Clauses

Repayment of Amounts Advanced for Network. Upgrades 9 5.3 Special Provisions for Affected Systems 10 5.4 Rights Under Other Agreements 10
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Repayment of Amounts Advanced for Network. Upgrades 11.4.2 Special Provisions for Affected Systems 11.4.3 11.5 Provision of Security 11.5.1 11.5.2 11.5.3
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Repayment of Amounts Advanced for Network. Upgrades 11.4.1.1 [Not Used]
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Repayment of Amounts Advanced for Network. Upgrades 10 5.3 Special Provisions for Affected Systems 11 5.4 Rights Under Other Agreements 11 Article 6. Billing, Payment, Milestones, and Financial Security 11 6.1 Billing and Payment Procedures and Final Accounting 11 6.2 Milestones 12 6.3 Financial Security Arrangements 12 Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, and Default 12 7.1 Assignment 13 7.2 Limitation of Liability 13 7.3 Indemnity 13 7.4 Consequential Damages 14 7.5 Force Majeure 14 7.6 Default 15 Article 8. Insurance 15 Article 9. Confidentiality 16 Article 10. Disputes 17 Article 11. Taxes 17 Article 12. Miscellaneous 18 12.1 Governing Law, Regulatory Authority, and Rules 18 12.2 Amendment 18 12.3 No Third-Party Beneficiaries 18 12.4 Waiver 18 12.5 Entire Agreement 18 12.6 Multiple Counterparts 19 12.7 No Partnership 19 12.8 Severability 19 12.9 Security Arrangements 19 12.10 Environmental Releases 19 12.11 Subcontractors 20 12.12 Reservation of Rights (intentionally omitted) 20 Article 13. Notices 20 13.1 General 20 13.2 Billing and Payment 21 13.3 Alternative Forms of Notice 22 13.4 Designated Operating Representative 23 13.5 Changes to the Notice Information 24 Article 14. Signatures 24
Sample 1

Related to Repayment of Amounts Advanced for Network

  • Repayment of Amounts Advanced for Network Upgrades Upon the Commercial Operation Date, the Interconnection Customer shall be entitled to a repayment, equal to the total amount paid to the Participating TO for the cost of Network Upgrades. Such amount shall include any tax gross-up or other tax-related payments associated with Network Upgrades not refunded to the Interconnection Customer, and shall be paid to the Interconnection Customer by the Participating TO on a dollar-for- dollar basis either through (1) direct payments made on a levelized basis over the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable to the Interconnection Customer and Participating TO, provided that such amount is paid within five (5) years from the Commercial Operation Date. Notwithstanding the foregoing, if this Agreement terminates within five (5) years from the Commercial Operation Date, the Participating TO’s obligation to pay refunds to the Interconnection Customer shall cease as of the date of termination. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment. Interest shall continue to accrue on the repayment obligation so long as this Agreement is in effect. The Interconnection Customer may assign such repayment rights to any person. If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

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