SCE Termination Right – Excess Network Upgrade Costs Sample Clauses

SCE Termination Right – Excess Network Upgrade Costs. (i) SCE has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given to Seller, on or before the date that is sixty (60) days after Seller provides to SCE the results of any Interconnection Study or interconnection agreement tendered to Seller by the T&D Provider if:
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SCE Termination Right – Excess Network Upgrade Costs. SCE has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given to Seller, on or before the date that is sixty (60) days after Seller provides to SCE the results of any Interconnection Study or interconnection agreement tendered to Seller by the T&D Provider if: Such Interconnection Study(ies) or agreement(s) associated with the Generating Facility as of the date of the termination Notice, estimates, includes, specifies or reflects that the maximum total cost of transmission upgrades or new transmission facilities that are, or may become, reimbursable by SCE, the CAISO, or any T&D Provider under the jurisdiction of the CAISO, to Seller (“Aggregate Network Upgrade Costs”), may in the aggregate exceed [dollar amount text] dollars ($[Number]) (“Network Upgrades Cap”), irrespective of any subsequent amendments of such Interconnection Study(ies) or agreement(s) or any contingencies or assumptions upon which such Interconnection Study(ies) or agreement(s) is based; or {SCE Note: Monetary threshold to be based upon transmission-related costs allocated to the Project that SCE would incur as estimated in the most recent Interconnection Study, or, if applicable on value included in Seller’s offer.} SCE must procure transmission service from any other participating transmission owner to allow SCE to Schedule energy from the Project and the cost for such transmission service is not reimbursed or paid by Seller. If SCE exercises its termination right pursuant to this Section 10.05(a), no Termination Payment will be due or owing by either Party and Seller will be entitled to a return of any Development Security provided to SCE. Notwithstanding anything to the contrary in this Section 10.05(a), SCE shall have no right to terminate this Agreement under this Section 10.05(a) if Seller, concurrently with its provision of the first Interconnection Study or interconnection agreement tendered to Seller by the T&D Provider that may give rise to a termination right of SCE under this Section 10.05(a), provides Notice to SCE that Seller irrevocably elects to owe to SCE: the amount by which the Aggregate Network Upgrade Costs exceed the Network Upgrades Cap (“Excess Network Upgrade Costs”), provided, (I) with respect to this Section 10.05(a)(ii)(A), and solely for the purpose of calculating Excess Network Upgrade Costs, Aggregate Network Upgrade Costs shall be updated to reflect the latest interconnection agreement ...
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