Common use of Standard Option Clause in Contracts

Standard Option. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA hereto. The Connecting Transmission OwnerDeveloper shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission OwnerDeveloper reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services by the specified dates, the Connecting Transmission OwnerDeveloper shall promptly provide written notice to the DeveloperAffected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.

Standard Option. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper UpgradesAffected System Operator shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA hereto. The Connecting Transmission OwnerDeveloper OwnerAffected System Operator shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission OwnerDeveloper OwnerAffected System Operator reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services by the specified dates, the Connecting Transmission OwnerDeveloper OwnerAffected System Operator shall promptly provide written notice to the DeveloperAffected System Operator Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.

Standard Option. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper UpgradesInterconnection Customer shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA hereto. The Connecting Transmission OwnerDeveloper Owner shall not be required to toInterconnection Customer shall not undertake any action which is inconsistent with itsthe Affected System Operator’s standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission OwnerDeveloper OwnerInterconnection Customer reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services by the specified dates, the Connecting Transmission OwnerDeveloper OwnerInterconnection Customer shall promptly provide written notice to the DeveloperAffected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.

Standard Option. The TheAffected System Operator and Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper shall perform Upgradesperform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA hereto. The TheAffected System Operator and Connecting Transmission OwnerDeveloper Owner shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s itstheir standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the theAffected System Operator or Connecting Transmission OwnerDeveloper Owner reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services by the specified dates, the theAffected System Operator or Connecting Transmission OwnerDeveloper Owner, as applicable, shall promptly provide written notice to the DeveloperAffected System Operator Developer and NYISONYISOother Parties, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.

Standard Option. The Connecting Transmission Owner’s obligation to design, procure, construct, install, and own the Network Upgrade Facilities shall be set forth in Appendix A hereto. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper shall perform the EPC ServicesUpgrades, as set forth in Appendix A hereto, using usinguse Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System SystemNetwork Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA B hereto. The Connecting Transmission OwnerDeveloper Owner shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission OwnerDeveloper Owner reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System SystemNetwork Upgrade Facilities and System Deliverability UpgradesEPC Services Upgrades by the specified dates, the Connecting Transmission OwnerDeveloper Owner shall promptly provide written notice to the DeveloperAffected System Operator Transmission Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.

Standard Option. The Connecting ConnectingAffected Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper shall perform Upgradesperform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA hereto. The Connecting ConnectingAffected Transmission OwnerDeveloper Owner shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting ConnectingAffected Transmission OwnerDeveloper Owner reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services by the specified dates, the Connecting ConnectingAffected Transmission OwnerDeveloper Owner shall promptly provide written notice to the DeveloperAffected System Operator Developer and NYISONYISOother Parties, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services Service under this Agreement.

Standard Option. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper UpgradesCon Edison shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA B hereto. The Connecting Transmission OwnerDeveloper OwnerCon Edison shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission OwnerDeveloper OwnerCon Edison reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services Upgrades by the specified dates, the Connecting Transmission OwnerDeveloper OwnerCon Edison shall promptly provide written notice to the DeveloperAffected System Operator Developer, NYPA, and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.

Standard Option. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA hereto. The Connecting Transmission OwnerDeveloper OwnerAffected System Operator shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission OwnerDeveloper reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services by the specified dates, the Connecting Transmission OwnerDeveloper shall promptly provide written notice to the DeveloperAffected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.

Standard Option. The Connecting ConnectingAffected Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper shall perform the Upgradesperform its respective EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA hereto. The Connecting ConnectingAffected Transmission OwnerDeveloper Owner shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting ConnectingAffected Transmission OwnerDeveloper Owner reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services by the specified dates, the Connecting ConnectingAffected Transmission OwnerDeveloper Owner shall promptly provide written notice to the DeveloperAffected System Operator Developer and NYISONYISOother Parties, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services Service under this Agreement.

Standard Option. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper shall Upgrades, usingAffected System Operator’s and Transmission Developer’s respective obligations to perform the EPC Services, as Services shall be set forth in Appendix A hereto, using . The Affected System Operator and Transmission Developer shall each use Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC theits respective EPC Services by the Milestone dates set forth in Appendix BA hereto. The Connecting Transmission OwnerDeveloper OwnerAffected System Operator shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting ConnectingAffected System Operator or Transmission OwnerDeveloper reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services for which it is responsible by the specified dates, the Connecting ConnectingAffected System Operator or Transmission OwnerDeveloper OwnerDeveloper, as applicable, shall promptly provide written notice to the DeveloperAffected System Operator Developer and NYISONYISOother Parties, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.

Standard Option. The Connecting ConnectingAffected Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper shall perform Upgradesperform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA hereto. The Connecting ConnectingAffected Transmission OwnerDeveloper Owner shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting ConnectingAffected Transmission OwnerDeveloper Owner reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services by the specified dates, the Connecting ConnectingAffected Transmission OwnerDeveloper Owner shall promptly provide written notice to the DeveloperAffected System Operator Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.

Standard Option. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesDeveloper Upgrades Developer shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades by theEPC Services by the Milestone dates set forth in Appendix BA hereto. The Connecting Transmission OwnerDeveloper shall not be required to undertake any action which is inconsistent with itsthe Affected System Operator’s standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission OwnerDeveloper reasonably expects that it will not be able to complete the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability UpgradesEPC Services by the specified dates, the Connecting Transmission OwnerDeveloper shall promptly provide written notice to the DeveloperAffected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement.