Common use of Repayment of Amounts Advanced for Network Upgrades Clause in Contracts

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.

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 CustomerCustomer pursuant to Article 5.17.8 or otherwise, and shall be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct payments made on a levelized basis over the five- 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 LGIA 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 LGIA is in effect. The Interconnection Customer may assign such repayment rights to any person. If the Small Large 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.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Owner for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider’s Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Owner, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Owner take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Owner will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non- usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Owner shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

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-tax- related payments associated with Network Upgrades not refunded to the Interconnection CustomerCustomer pursuant to Article 5.17.8 or otherwise, 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- 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 LGIA 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 LGIA is in effect. The Interconnection Customer may assign such repayment rights to any person. If the Small Large 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.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationGenerating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Distribution Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Distribution Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Owner for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider's Tariff for transmission services with respect 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 terminationSmall Generating Facility. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s '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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Owner, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Owner take one of the following actions no later than five years from the Commercial Operation Date: (I) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Owner will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non- usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Owner shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Owner for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider’s Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Owner, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Owner take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Owner will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non- usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 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 Transmission Owner shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon To the Commercial Operation Dateextent that the CAISO Tariff provides for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, the Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationGenerating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. To the extent that the CAISO Tariff does not provide for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, Interconnection Customer is not entitled to a cash repayment for amounts paid to the Distribution Provider and Affected System operator for Network Upgrades, and no cash repayment shall be made pursuant to this Agreement. 2.2.1.1. If the Small Interconnection Customer is entitled to a cash repayment pursuant to Section 2.2.1, the Interconnection Customer, the Distribution Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar- for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 2.2.1.2. If the Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network UpgradesUpgrades if the Interconnection Customer is entitled to a cash repayment pursuant to Section 2.2.1. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Distribution Provider, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and Affected System operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or Affected System operator(s) will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider, if any, 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- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under 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 Tariff for transmission service sourced from the Commercial Operation DateGenerating Facility. 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. Notwithstanding the foregoing, Interconnection Customer and Transmission Provider may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider takes one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Transmission Provider will continue to provide payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Small Generating Facility fails to achieve commercial operationCommercial Operation, but it or another Generating Facility generating facility is later constructed and makes use of the Network Upgrades, the Participating TO Transmission Provider 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Owner for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider’s Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Owner, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Owner take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Owner will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Owner shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon To the Commercial Operation Dateextent the CAISO Tariff, Section 12.3.2 of Appendix Y and Section 14.3.2 of Appendix DD, and successor tariffs provides for cash repayment or Congestion Revenue Rights to the Interconnection Customer for contribution to the cost of Network Upgrades, the Interconnection Customer shall be entitled to a repaymentcash repayment of Congestion Revenue Rights, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 If the Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1, the Interconnection Customer, the Distribution Provider, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and Affected System operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or Affected System operator(s) will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network UpgradesUpgrades if the Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s =s regulations at 18 C.F.R. §35.19a(a)(2)(iiiC.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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollardollar- for-for- dollar basis either through (1) direct for the non- usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s =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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and Affected System operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or Affected System operator will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the the. Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO for the cost of Distribution Provider and Affected System Operator, if any, for the Network Upgrades. Such amount shall include include, including any tax gross-up or other tax-related payments associated with Network Upgrades Upgrades, and not refunded to the Interconnection CustomerCustomer pursuant to Article 5.17.8 or otherwise, and shall shallto be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over the five- 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 LGIA 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 terminationtermination.under Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect to the Large Generating Facility. 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 pursuant to accrue on the repayment obligation so long as this Agreement LGIA is in effect. The Thesubparagraph. Interconnection Customer may assign such repayment rights to any person. Notwithstanding the foregoing, Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Distribution Provider or Affected System Operator will continue to provide payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Small Large 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 TODistribution Provider and Affected System Operator 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.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the ‌ The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Distribution Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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§ 35.19 a(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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon To the Commercial Operation Dateextent the CAISO Tariff, Section 12.3.2 of Appendix Y and Section 14.3.2 of Appendix DD, and successor tariffs provides for cash repayment or Congestion Revenue Rights to the Interconnection Customer for contribution to the cost of Network Upgrades, the Interconnection Customer shall be entitled to a repaymentcash repayment of Congestion Revenue Rights, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include Upgrades , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 If the Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1, the Interconnection Customer, the Distribution Provider, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and Affected System operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or Affected System operator(s) will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network UpgradesUpgrades if the Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be madebemade.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Area EPS Operator and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollardollar- for-for- dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Area EPS Operator’s Tariff and Affected System’s Tariff for transmission services with respect 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 terminationDistributed Energy Resource. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. 5.2.1.1. Notwithstanding the foregoing, the Interconnection Customer, the Area EPS Operator, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Area EPS Operator and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Area EPS Operator or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar- for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond 20 years from the commercial operation date. 5.2.1.2. If the Small Generating Facility Distributed Energy Resource fails to achieve commercial operation, but it or another Generating Facility Distributed Energy Resource is later constructed and makes requires use of the Network UpgradesUpgrades within five (5) years of being constructed, the Participating TO Area EPS Operator and Affected System operator (after receiving payment in the amount of the cost to build these Network Upgrades from the other Distributed Energy Resource who is expected to use the Network Upgrades) shall at that time reimburse the 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 FacilityDistributed Energy Resource, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation DateDate of a Generating Facility that is not a Phased Generating Facility, the Interconnection Customer shall be entitled to a repayment, equal to the total amount paid to the Participating TO for the cost costs of Network Upgrades. Upgrades for which it is responsible, as set forth in Appendix G. Such amount shall include any tax gross-up or other tax-tax- related payments associated with Network Upgrades not refunded to the Interconnection CustomerCustomer pursuant to Article 5.17.8 or otherwise, and shall be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct payments made on a levelized basis over the five- 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 LGIA 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 LGIA is in effect. The Interconnection Customer may assign such repayment rights to any person. If the Small Large Generating Facility fails to achieve commercial operationCommercial 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 and demonstrating to the Participating TO the appropriate entity to which reimbursement must be mademade in order to implement the intent of this reimbursement obligation.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to by the Participating TO Interconnection Customer for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable NL Transmission Policies and Procedures and Affected System's tariff for Transmission Services with respect 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 effectGenerating Facility. The Interconnection Customer may assign such repayment rights to any person. person or Entity. 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, Transmission Provider or Transmission Owner, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider or Transmission Owner and such Affected System operators take one of the following actions no later than five (5) years from the commercial operation date of the Generating Facility: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider, Transmission Owner or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar- for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider or Transmission Owner and Affected System operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity Entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity Entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Area EPS Operator and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Area EPS Operator’s Tariff and Affected System’s Tariff for transmission services with respect 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 terminationDistributed Energy Resource. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. 5.2.1.1. Notwithstanding the foregoing, the Interconnection Customer, the Area EPS Operator, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Area EPS Operator and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Area EPS Operator or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond 20 years from the commercial operation date. 5.2.1.2. If the Small Generating Facility Distributed Energy Resource fails to achieve commercial operation, but it or another Generating Facility Distributed Energy Resource is later constructed and makes requires use of the Network UpgradesUpgrades within five (5) years of being constructed, the Participating TO Area EPS Operator and Affected System operator (after receiving payment in the amount of the cost to build these Network Upgrades from the other Distributed Energy Resource who is expected to use the Network Upgrades) shall at that time reimburse the 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 FacilityDistributed Energy Resource, if different, is responsible for identifying the entity to which reimbursement must be made.

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- for-dollar basis either through (1) direct payments made on a levelized basis over the five- 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.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Dakota Electric, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are 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 under Dakota Electric’s Tariff and Affected System’s Tariff for transmission services with respect 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 terminationDistributed Energy Resource. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. 5.2.1.1. Notwithstanding the foregoing, the Interconnection Customer, Dakota Electric, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as Dakota Electric and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Dakota Electric or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for- dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced to Dakota Electric for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond 20 years from the commercial operation date. 5.2.1.2. If the Small Generating Facility Distributed Energy Resource fails to achieve commercial operation, but it or another Generating Facility Distributed Energy Resource is later constructed and makes requires use of the Network Upgrades within five (5) years of being constructed, Dakota Electric and Affected System operator (after receiving payment in the amount of the cost to build these Network Upgrades from the other Distributed Energy Resource who is expected to use the Network Upgrades, the Participating TO ) shall at that time reimburse the 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 FacilityDistributed Energy Resource, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon To the Commercial Operation Dateextent that the applicable provision(s) of the CAISO Tariff provides for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, the Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationGenerating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. To the extent that the CAISO Tariff does not provide for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, Interconnection Customer is not entitled to a cash repayment for amounts paid to the Distribution Provider and Affected System operator for Network Upgrades, and no cash repayment shall be made pursuant to this Agreement. 5.2.1.1 If the Small Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1, the Interconnection Customer, the Distribution Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network UpgradesUpgrades if the Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

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 Opera 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.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Distribution Provider, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and Affected System operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or Affected System operator(s) will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon ‌ 11.4.1.1 To the Commercial Operation Dateextent that the CAISO Tariff provides for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, the Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System Operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with Network Upgrades Upgrades, and not refunded to the Interconnection CustomerCustomer pursuant to Article 5.17.8 or otherwise, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are 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 under Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationGenerating Facility. 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 paymentpayment pursuant to this subparagraph. 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. To the extent that the CAISO Tariff does not provide for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, Interconnection Customer is not entitled to a cash repayment for amounts paid to the Distribution Provider and Affected System operator for Network Upgrades, and no cash repayment shall be made pursuant to this Agreement. 11.4.1.2 If the Small Interconnection Customer is entitled to a cash repayment pursuant to Article 11.4.1.1, the Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than 11.4.1.3 If the 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 Distribution Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network UpgradesUpgrades if the Interconnection Customer is entitled to a cash repayment pursuant to Article 11.4.1.1. 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.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon To the Commercial Operation Dateextent the CAISO Tariff, currently Section 12.3.2 of Appendix Y, provides for cash repayment to the Interconnection Customer for contribution to the cost of Network Upgrades, the Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-gross- up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 If the Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1, the Interconnection Customer, the Distribution Provider, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and Affected System operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or Affected System operator(s) will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Distribution Provider and Affected System operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network UpgradesUpgrades if the Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System Operator, if any, 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- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; Transmission Provider's Tariff or (2) any alternative payment schedule that is mutually agreeable Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. Any repayment shall include interest calculated at the rate for ten-year bonds posted on Bloomberg, L.P. under the United States Government Agency fair market yield curve (yield curve number 84) as in accordance with effect on the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) first day of the month during which the Transmission Provider receives the first payment for Network Upgrades, such interest to accrue 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for- dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, Transmission Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider’s Tariff and Affected System’s Tariff for transmission services with respect 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 terminationSmall Generating Facility. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §CFR § 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and Affected System operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or Affected System operator will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or Small Generator Interconnection Agreement (SGIA) 10 develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the ‌ The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System Operator, if any, 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- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; Transmission Provider's Tariff or (2) any alternative payment schedule that is mutually agreeable Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. Any repayment shall include interest calculated at the rate for ten-year bonds posted on Bloomberg, L.P. under the United States Government Agency fair market yield curve (yield curve number 84) as in accordance with effect on the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) first day of the month during which the Transmission Provider receives the first payment for Network Upgrades, such interest to accrue 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility 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.requires

Repayment of Amounts Advanced for Network Upgrades. Upon 11.4.1.1 To the Commercial Operation Dateextent that the CAISO Tariff provides for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, the Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Distribution Provider and Affected System Operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with Network Upgrades Upgrades, and not refunded to the Interconnection CustomerCustomer pursuant to Article 5.17.8 or otherwise, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are 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 under Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationGenerating Facility. 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 paymentpayment pursuant to this subparagraph. 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. To the extent that the CAISO Tariff does not provide for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, Interconnection Customer is not entitled to a cash repayment for amounts paid to the Distribution Provider and Affected System operator for Network Upgrades, and no cash repayment shall be made pursuant to this Agreement. 11.4.1.2 If the Small Interconnection Customer is entitled to a cash repayment pursuant to Article 11.4.1.1, the Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Distribution Provider or Affected System Operator will continue to provide payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. 11.4.1.3 If the 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 Distribution Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network UpgradesUpgrades if the Interconnection Customer is entitled to a cash repayment pursuant to Article 11.4.1. 1. 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.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Transmission Provider and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Transmission Provider's Tariff and Affected System's Tariff for transmission services with respect 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 terminationSmall Generating Facility. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s '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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. . 5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Transmission Provider, and any applicable Affected System operator may adopt any alternative payment schedule that is mutually agreeable so long as the Transmission Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Transmission Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Participating TO Transmission Provider and Affected System operator shall at that time reimburse the 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 Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Repayment of Amounts Advanced for Network Upgrades. Upon the Commercial Operation Date, the The Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Participating TO Area EPS Operator and Affected System operator, if any, for the cost of Network Upgrades. Such amount shall include , including any tax gross-up or other tax-related payments associated with the Network Upgrades Upgrades, and not otherwise refunded to the Interconnection Customer, and shall to be paid to the Interconnection Customer by the Participating TO on a dollar-for- for-dollar basis either through (1) direct for the non-usage sensitive portion of transmission charges, as payments are made on a levelized basis over under the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable Area EPS Operator’s Tariff and Affected System’s Tariff for transmission services with respect 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 terminationDistributed Energy Resource. 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 payment pursuant to accrue on the repayment obligation so long as this Agreement is in effectsubparagraph. The Interconnection Customer may assign such repayment rights to any person. Notwithstanding the foregoing, the Interconnection Customer, the Area EPS Operator, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Area EPS Operator and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Area EPS Operator or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond 20 years from the commercial operation date. If the Small Generating Facility Distributed Energy Resource fails to achieve commercial operation, but it or another Generating Facility Distributed Energy Resource is later constructed and makes requires use of the Network UpgradesUpgrades within five (5) years of being constructed, the Participating TO Area EPS Operator and Affected System operator (after receiving payment in the amount of the cost to build these Network Upgrades from the other Distributed Energy Resource who is expected to use the Network Upgrades) shall at that time reimburse the 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 FacilityDistributed Energy Resource, if different, is responsible for identifying the entity to which reimbursement must be made.