Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service. 3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of Company to meet the performance standards or requirements set forth in this Agreement. 3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense. 3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company Wor
Appears in 8 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Developer desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company Worthe
Appears in 6 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company Worthe
Appears in 6 contracts
Samples: Engineering & Procurement Agreement, E&p Agreement (Sa 2471), Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation the Customer’s development of the Interconnection ProjectSite as contemplated by the Parties as of the Effective Date. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.. NMPC/O’Brien and Xxxx Cost Reimbursement Agreement dated as of September 25th 2019 EXECUTION VERSION
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 4 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement, Cost Reimbursement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation the Customer Expansion Project as contemplated by the Parties as of the Interconnection ProjectEffective Date. The remedy set forth in this Section is the sole and exclusive remedy granted or Effective Date: 2/21/2020 - Docket #: ER20-1352-000 - Page 11 available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.. Lake Placid Cost Reimbursement Agreement - February 2020
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions and comply with the requirements described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company Wor
Appears in 4 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement, Cost Reimbursement Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Developer desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A B of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company Worthe
Appears in 4 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on the Customer’s implementation of the Interconnection Customer Substation Reconfiguration Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 4 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement, Cost Reimbursement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any include provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company Worthe
Appears in 3 contracts
Samples: Reimbursement Agreement, Reimbursement Agreement, Reimbursement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 3 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Developer desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A B of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 3.5 Each Party shall reasonably cooperate and coordinate with the other Party, and with Effective Date: 9/21/2020 - Docket #: ER21-151-000 - Page 11 such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork and the Developer Required Actions.
Appears in 3 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.. Cost Reimbursement Agreement 2/27/2019
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company WorkWork (“Defect Notice Period”), Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt receipt, prior to expiration of the Defect Notice Period, of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on the Customer’s implementation of the Interconnection Customer Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWor Cost Reimbursement Agreement 2/27/2019
Appears in 3 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement, Cost Reimbursement Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Developer desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 3.5 Each Party shall reasonably cooperate and coordinate with the other Party, and with Effective Date: 9/17/2020 - Docket #: ER21-120-000 - Page 10 such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 3 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWor Engineering & Procurement Agreement - Invenergy 105.8 MW Number 3 Wind Project
Appears in 2 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.. Effective Date: 11/15/2019 - Docket #: ER20-590-000 - Page 9
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection ProjectCustomer’s facilities. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 2 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any include provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWor Transco and NMPC Reimbursement Agreement - December 2020 Effective Date: 12/11/2020 - Docket #: ER21-778-000 - Page 14
Appears in 2 contracts
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.. Northbrook Xxxxx Falls Cost Reimbursement Agreement
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection ProjectCustomer’s facilities. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 2 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of all of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on the Developer’s implementation of the Interconnection ProjectDeveloper Project as contemplated by the Parties as of the Effective Date. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company Worthe
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Developer desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 3.5 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 2 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Xxxxxxxxx desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A B of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 3.5 Each Party shall reasonably cooperate and coordinate with the other Party, and with Effective Date: 9/21/2020 - Docket #: ER21-151-000 - Page 11 such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork and the Developer Required Actions.
Appears in 2 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Developer desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.. Effective Date: 3/18/2020 - Docket #: ER20-1584-000 - Page 13
3.4 3.5 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork. Transco and NMPC Engineering & Procurement Agreement - March 2020
Appears in 2 contracts
Samples: Engineering & Procurement Agreement, Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any include provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 1 contract
Samples: Reimbursement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork and any other performance under this Agreement.
Appears in 1 contract
Samples: Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company WorkWork (“Defect Notice Period”), Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt receipt, prior to expiration of the Defect Notice Period, of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on the Customer’s implementation of the Interconnection Customer Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 1 contract
Samples: Cost Reimbursement Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Developer desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A B of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 3.5 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork and the Developer Required Actions.
Appears in 1 contract
Samples: Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.. Effective Date: 3/1/2019 - Docket #: ER19-1468-000 - Page 12 Cost Reimbursement Agreement 2/27/2019
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company WorkWork (“Defect Notice Period”), Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt receipt, prior to expiration of the Defect Notice Period, of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on the Customer’s implementation of the Interconnection Customer Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWor New York Independent System Operator, Inc. - NYISO Agreements - Service Agreements - Cost Reimbursement Agreement (SA 2448) between NMPC and NYPA Cost Reimbursement Agreement 2/27/2019 Effective Date: 3/1/2019 - Docket #: ER19-1468-000 - Page 15 New York Independent System Operator, Inc. - NYISO Agreements - Service Agreements - Cost Reimbursement Agreement (SA 2448) between NMPC and NYPA
Appears in 1 contract
Samples: Cost Reimbursement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork and any other performance under this Agreemen
Appears in 1 contract
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Developer desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 3.5 Each Party shall reasonably cooperate and coordinate with the other Party, and with Effective Date: 9/17/2020 - Docket #: ER21-120-000 - Page 11 such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 1 contract
Samples: Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”)3.2. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on the Customer’s implementation of the Interconnection ProjectFish Passage Project as contemplated by the Parties as of the Effective Date. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork. Effective Date: 11/18/2016 - Docket #: ER17-566-000 - Page 14 Erie Blvd. Cost Reimbursement Agreement NYISO Agreements --> Service Agreements --> CRA No. 2324 - NMPC and Erie Boulevard Hydropower
Appears in 1 contract
Samples: Cost Reimbursement Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Xxxxxxxxx desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.. Effective Date: 3/18/2020 - Docket #: ER20-1584-000 - Page 13
3.4 3.5 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork. Transco and NMPC Engineering & Procurement Agreement - March 2020
Appears in 1 contract
Samples: Engineering & Procurement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork and any other performance under this Agreemen New York Independent System Operator, Inc. - NYISO Agreements - Service Agreements - Engineering and Procurement Agreement between NMPC and Sithe
Appears in 1 contract
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.. Effective Date: 11/2/2023 - Docket #: ER24-391-000 - Page 9
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company WorkWork (“Defect Notice Period”), Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt receipt, prior to expiration of the Defect Notice Period, of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on the Customer’s implementation of the Interconnection Customer Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company Wor
Appears in 1 contract
Samples: Cost Reimbursement Agreement
Scope of Work. 3.1 The Company’s scope of work is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer Customer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 (each, a “Defect Notice”). If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on the Customer’s implementation of the Interconnection Customer Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer Customer for any failure of Company to meet the performance standards or requirements set forth in this Agreement.
3.3 Subject to the terms of this Agreement, Developer Customer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Customer Required Actions”). All of the Developer Customer Required Actions shall be performed at DeveloperCustomer’s sole cost and expense.. Cost Reimbursement Agreement - NMPC / Westfield - May 2023
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company WorWork.
Appears in 1 contract
Samples: Cost Reimbursement Agreement
Scope of Work. 3.1 Developer acknowledges that it has elected to enter into this Agreement prior to the completion of a Facilities Study Report and that it understands and accepts the associated risks, including, without limitation, the risk that, based on the final Facilities Study Report, the Company Work, and any materials procured in connection therewith, will not be useful or appropriate for or in connection with the Transmission Project or may need to be re-performed or re-procured, in whole or in part. Accordingly, Xxxxxxxxx desires the Company to perform the Company Work (as defined below), and Company agrees to perform the Company Work consistent with and subject to the provisions of this Agreement.
3.2 The Company’s scope of work is set forth in Exhibit A B of this Agreement, attached hereto and incorporated herein by reference (the “Company Work”). This Agreement does not provide for, and the Company Work shall not include, any construction or breach of ground surface at any property, or any provision of generation interconnection service or transmission service.
3.2 3.3 The Company shall use commercially reasonable efforts to perform the Company Work in accordance with Good Utility Practice. Prior to the expiration of one (1) year following completion of the Company Work, Developer shall have the right to notify the Company in writing of the need for correction of defective Company Work that does not meet the standard of this Section 3.2 3.3 (each, a “Defect Notice”), provided, however, that, the fact that Company Work is not useful, or must be re- performed, in whole or in part, as contemplated by Section 3.1, shall not be deemed to constitute a defect in such Company Work. If the Company Work is defective within the meaning of the prior sentence, then, following its receipt of a timely Defect Notice with respect thereto, the Company shall promptly correct, repair or replace such defective Company Work, as appropriate, provided, that, Company shall not have any obligation to correct, repair or replace such defective Company Work unless the defect in the Company Work has (or is reasonably likely to have) a material adverse impact on implementation of the Interconnection Transmission Project. The remedy set forth in this Section is the sole and exclusive remedy granted or available to Developer for any failure of the Company to meet the performance standards or requirements set forth in this Agreement.
3.3 3.4 Subject to the terms of this Agreement, Developer shall use reasonable efforts to perform the actions described in Exhibit B C attached to this Agreement (the “Developer Required Actions”). All of the Developer Required Actions shall be performed at Developer’s sole cost and expense.
3.4 Each Party shall reasonably cooperate and coordinate with the other Party, and with such other Party’s contractors, subcontractors and representatives, as needed to facilitate the Company Worthe
Appears in 1 contract
Samples: Engineering & Procurement Agreement