Common use of Selected Option Pursuant to Article Clause in Contracts

Selected Option Pursuant to Article. 5.1 Under section 5.1 of this Agreement, Developer and Connecting Transmission Owner have agreed that, pursuant to Subsection 5.13 (Option to Build), Developer shall be responsible for designing, procuring and constructing System Upgrade Facilities identified in Section 3a of Appendix A of this Agreement. Developer shall, at its expense, and with the Connecting Transmission Owner’s approval, be responsible for dismantling and removal of any of the equipment that was installed in Phase 1, that is determined to be temporary and not used in Phase 2, as described in Appendix A of this Agreement. Developer shall transfer to Connecting Transmission Owner, and Connecting Transmission Owner shall own System Upgrades Facilities as identified in Section 3a of Appendix A to this Agreement. Developer shall cooperate with Connecting Transmission Owner to insure that these transfers are done in a timely manner. The following milestones shall apply to the engineering, procurement, construction, and testing for the interconnection of the transmission expansion and SUFs. The actual dates for completion of the milestones are highly dependent upon lead times for the procurement of equipment and material, the availability of labor, outage scheduling, receipt of regulatory approvals, and the results of equipment testing. The completion and results of environmental remediation of the site, and other unforeseen events could also affect the achievement of the milestones. Connecting Transmission Owner and Developer are mutually undertaking the required engineering, procurement, or construction work to implement this emergency reliability solution pursuant to this Agreement and as defined in Section 2 of this Agreement. Developer accepts cost responsibility for all engineering, procurement and construction costs associated with the transmission expansion and SUF’s.

Selected Option Pursuant to Article. 5.1 Under section Article 5.1 of this Agreement, Developer and Connecting Transmission Owner have agreed that, pursuant to Subsection 5.13 Article 5.1.3 (Option to Build), Developer shall be responsible for designing, procuring and constructing of System Upgrade Facilities identified in Section 3a 4 of Appendix A of this Agreement. Developer shall, at its expense, and with the Connecting Transmission Owner’s approval, be responsible for dismantling and removal of any of the equipment that was installed in Phase 1, that is determined to be temporary and not used in Phase 2, as described in Appendix A of this Agreement. Developer shall transfer to Connecting Transmission Owner, and Connecting Transmission Owner shall own System Upgrades Facilities as identified in Section 3a 4 of Appendix A to this Agreement. Developer shall cooperate with Connecting Transmission Owner to insure that these transfers are done in a timely manner. The following milestones shall apply flex link connection will be installed after the 345kV Sugarloaf Substation has been completed, pursuant to the engineering, procurement, construction, Con Edison-Orange and testing for the interconnection of the transmission expansion and SUFsRockland Ramapo Interconnection Agreement. The actual dates for completion of the milestones are highly dependent upon lead times for the procurement of equipment and material, the availability of labor, outage scheduling, receipt of regulatory approvals, and the results of equipment testing. The completion and results of environmental remediation of the site, and other unforeseen events could also affect the achievement of the milestones. Connecting Transmission Owner and Developer are mutually undertaking the required engineering, procurement, or construction work to implement this emergency reliability solution pursuant to this Agreement and as defined in Section 2 of this Agreement. Developer accepts cost responsibility for all engineering, procurement and construction costs associated with the transmission expansion and SUF’s. Prior to the In-Service Date, Developer and the Connecting Transmission Owner shall comply with NYISO procedures and request energization of the Transmission Project. If the Transmission Project is determined to be ready for energization by Connecting Transmission Owner, the Connecting Transmission Owner shall grant such approval within ten days of receiving the request by Developer. The following notes apply to all work performed on Connecting Transmission Owner’s System Upgrade Facilities.