Common use of Right of Applicant to Terminate Clause in Contracts

Right of Applicant to Terminate. 6.1.1 Notwithstanding any other provision of this Agreement, Applicant may decide not to interconnect the Applicant Facilities with the GTC Transmission System as contemplated by this Agreement and may terminate this Agreement by written notice to GTC prior to the Operation Date, provided that such termination is not effective until the Applicant pays to GTC all costs GTC has incurred or will incur due to the termination for the GTC Work under this Agreement pursuant to Article 9.1 6.1.2 The Applicant may terminate this Agreement on or after the Operation Date by giving GTC ninety (90) calendar days advance written notice; 6.1.2.1 The Applicant shall be responsible for and pay to GTC all costs incurred by GTC for the GTC Work and any cancellation, penalty or similar costs relating to the cancellation of orders or contracts incurred by GTC because of Applicant’s decision to terminate this Agreement; 6.1.2.2 The Applicant shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of the GTC Interconnection Facilities; 6.1.2.3 The Parties must cooperate to take all appropriate steps to disconnect the Applicant Facilities from the GTC Interconnection Facilities prior to the termination date. All costs required to effectuate such disconnection shall be borne by the Applicant; 6.1.2.4 Each Party shall grant the other Party access to its lands in accordance with Article 4.2 to the extent reasonably necessary for the other Party to disconnect, remove or salvage its own facilities and equipment; 6.1.2.5 In the event of termination under this provision, the Parties shall use commercially reasonable efforts to mitigate the costs, damages and charges arising as a consequence of termination.

Appears in 2 contracts

Samples: Interconnection and Operation and Maintenance Agreement, Interconnection and Operation and Maintenance Agreement

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Right of Applicant to Terminate. 6.1.1 Notwithstanding any other provision of this Agreement, Applicant may decide not to interconnect the Applicant Facilities with the GTC Transmission System as contemplated by this Agreement and may terminate this Agreement by written notice to GTC prior to the Operation Date, provided that such termination is not effective until the Applicant pays to GTC all costs GTC has incurred or will incur due to the termination for the GTC Work under this Agreement pursuant to Article Section 9.1 6.1.2 The Applicant may terminate this Agreement on or after the Operation Date by giving GTC ninety (90) calendar days advance written notice; 6.1.2.1 The Applicant shall be responsible for and pay to GTC all costs incurred by GTC for the GTC Work and any cancellation, penalty or similar costs relating to the cancellation of orders or contracts incurred by GTC because of Applicant’s decision to terminate this Agreement; 6.1.2.2 The Applicant shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of the GTC Interconnection Facilities; 6.1.2.3 The Parties must cooperate to take all appropriate steps to disconnect the Applicant Applicant’s Facilities from the GTC Interconnection Facilities System prior to the termination date. All costs required to effectuate such disconnection shall be borne by the Applicant; 6.1.2.4 Each Party shall grant the other Party access to its lands in accordance with Article Section 4.2 to the extent reasonably necessary for the other Party to disconnect, remove or salvage its own facilities and equipment; 6.1.2.5 In the event of termination under this provision, the Parties shall use commercially reasonable efforts to mitigate the costs, damages and charges arising as a consequence of termination.

Appears in 1 contract

Samples: Interconnection and Operation and Maintenance Agreement

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Right of Applicant to Terminate. 6.1.1 Notwithstanding any other provision of this Agreement, Applicant may decide not to interconnect the Applicant Facilities with the GTC Transmission System as contemplated by this Agreement and may terminate this Agreement by written notice to GTC prior to the Operation Date, provided that such termination is not effective until the Applicant pays to GTC all costs GTC has incurred or will incur due to the termination for the GTC Work under this Agreement pursuant to Article 9.1 6.1.2 The Applicant may terminate this Agreement on or after the Operation Date by giving GTC ninety (90) calendar days advance written notice; 6.1.2.1 The Applicant shall be responsible for and pay to GTC all costs incurred by GTC for the GTC Work and any cancellation, penalty or similar costs relating to the cancellation of orders or contracts incurred by GTC because of Applicant’s decision to terminate this Agreement; 6.1.2.2 The Applicant shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of the GTC Interconnection Facilities; 6.1.2.3 The Parties must cooperate to take all appropriate steps to disconnect the Applicant Facilities from the GTC Interconnection Facilities System prior to the termination date. All costs required to effectuate such disconnection shall be borne by the Applicant; 6.1.2.4 Each Party shall grant the other Party access to its lands in accordance with Article 4.2 to the extent reasonably necessary for the other Party to disconnect, remove or salvage its own facilities and equipment; 6.1.2.5 In the event of termination under this provision, the Parties shall use commercially reasonable efforts to mitigate the costs, damages and charges arising as a consequence of termination.

Appears in 1 contract

Samples: Interconnection and Operation and Maintenance Agreement

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