Common use of System Upgrade Facilities Costs Clause in Contracts

System Upgrade Facilities Costs. Generator shall pay Con Edison at least the $10,228,000 allocated share of the first $71 million of costs incurred by Con Edison with respect to the System Upgrade Facilities, which $10,228,000 share has previously been allocated to Generator pursuant to Attachment S of the ISO OATT. To the fullest extent permitted by law, Generator irrevocably and unconditionally waives any and all rights and claims whatsoever, now and in the future, to pay a lower allocated share of such costs regardless of whether or not any action or proceeding that was or is now pending or is later brought before any court, agency (including the FERC), the ISO, or any other body or panel (including any arbitration or other dispute resolution body) results in a lower allocated share of such costs for Generator or others. In addition, Generator agrees to pay to Con Xxxxxx Generator’s allocated share of the costs of System Upgrade Facilities that exceed $71 million, which share of such costs in excess of $71 million is allocated to Generator in accordance with Attachment S of the ISO OATT or is otherwise agreed to by the Parties in writing. Any termination of this Agreement will not reduce or limit Generator’s obligation to pay the amounts required by this Section 3.15(c).

System Upgrade Facilities Costs. Generator shall pay Con Edison at least the $10,228,000 allocated share of the first $71 million of costs incurred by Con Edison with respect to the System Upgrade Facilities, which $10,228,000 share has previously been allocated to Generator pursuant to Attachment S of the ISO OATT. To the fullest extent permitted by law, Generator irrevocably and unconditionally waives any and all rights and claims whatsoever, now and in the future, to pay a lower allocated share of such costs regardless of whether or not any action or proceeding that was or is now pending or is later brought before any court, agency (including the FERC), the ISO, or any other body or panel (including any arbitration or other dispute resolution body) results in a lower allocated share of such costs for Generator or others. In addition, Generator agrees to pay to Con Xxxxxx Edison Generator’s allocated share of the costs of System Upgrade Facilities that exceed $71 million, which share of such costs in excess of $71 million is allocated to Generator in accordance with Attachment S of the ISO OATT or is otherwise agreed to by the Parties in writing. Any termination of this Agreement will not reduce or limit Generator’s obligation to pay the amounts required by this Section 3.15(c).