Common use of Termination Costs Clause in Contracts

Termination Costs. If this LGIA terminates pursuant to Article 2.3 above, the Interconnection Customer shall pay all costs incurred or irrevocably committed to be incurred in association with the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts for Interconnection Facilities and equipment) and other expenses, including any Network Upgrades and Distribution Upgrades for which the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by the 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and with 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 6 contracts

Samples: Standard Large Generator Interconnection Agreement, Standard Large Generator Interconnection Agreement, Standard Large Generator Interconnection Agreement

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Termination Costs. If this LGIA terminates pursuant to Article 2.3 above, the Interconnection Customer shall pay all costs incurred or irrevocably committed to be incurred in association with the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts for Interconnection Facilities and equipment) and other expenses, including any Network Upgrades and Distribution Upgrades for which the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by thethe Interconnection Customer, as of the date of the other Parties’ receipt of the notice of termination, subject to the limitations set forth in this Article 2.4. Nothing in this Article 2.4 shall limit the Parties’ rights under Article 17. 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and with 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 5 contracts

Samples: Standard Large Generator Interconnection Agreement, Standard Large Generator Interconnection Agreement, Standard Large Generator Interconnection Agreement

Termination Costs. If this LGIA terminates pursuant to Article 2.3 above, the Interconnection Customer shall pay all costs incurred or irrevocably committed to be incurred in association with the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts for Interconnection Facilities and equipment) and other expenses, including any Network Upgrades and Distribution Upgrades for which as of the Participating TO or CAISO has incurred expenses or has irrevocably committed date of the other Parties’ receipt of the notice of termination, subject to incur expenses and has not been reimbursed by thethe limitations set forth in this Article 2.4. Nothing in this Article 2.4 shall limit the Parties’ rights under Article 17. 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and with, 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 2 contracts

Samples: Large Generator Interconnection Agreement, Standard Large Generator Interconnection Agreement (Lgia)

Termination Costs. If Immediately upon the other Parties’ receipt of a notice of the termination of this LGIA terminates pursuant to Article 2.3 above, the CAISO and the Participating TO will determine the total cost responsibility of the Interconnection Customer. If, as of the date of the other Parties’ receipt of the notice of termination, the Interconnection Customer shall pay all costs incurred or irrevocably committed has not already paid its share of Network Upgrade costs, as set forth in Appendix G to be incurred in association with this LGIA, the Participating TO will liquidate the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts Interconnection Financial Security associated with its cost responsibility for Interconnection Facilities and equipment) and other expensesNetwork Upgrades, including any Network Upgrades and Distribution Upgrades for which in accordance with Section 11.4 of the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by theGIDAP. 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and withFacilities 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 2 contracts

Samples: Large Generator Interconnection Agreement, Large Generator Interconnection Agreement

Termination Costs. If Immediately upon the other Parties’ receipt of a notice of the termination of this LGIA terminates pursuant to Article 2.3 above, the CAISO and the Participating TO will determine the total cost responsibility of the Interconnection Customer. If, as of the date of the other Parties’ receipt of the notice of termination, the Interconnection Customer shall pay all costs incurred or irrevocably committed has not already paid its share of Network Upgrade costs, as set forth in Appendix G to be incurred in association with this LGIA, the Participating TO will liquidate the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts Interconnection Financial Security associated with its cost responsibility for Interconnection Facilities and equipment) and other expensesNetwork Upgrades, including any Network Upgrades and Distribution Upgrades for which in accordance with Section 11.4 of the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by theGIDAP. 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and withshall 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 2 contracts

Samples: Large Generator Interconnection Agreement, Large Generator Interconnection Agreement

Termination Costs. If a Party elects to terminate this LGIA terminates Agreement pursuant to Article 2.3 above, the Interconnection Customer each Party shall pay all costs incurred or irrevocably committed to be incurred in association with the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts for Interconnection Facilities and equipment) and or charges assessed by the other expensesParty, including any Network Upgrades and Distribution Upgrades for which as of the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by the 2.4.1 Notwithstanding date of the foregoingother Party's receipt of such notice of termination, in that are the responsibility of the Terminating Party under this LGIA. In the event of termination by a Party, all the Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. Upon termination of this LGIA, unless otherwise ordered or approved by FERC: 2.4.1 With respect to any portion of the Participating TO’s Transmission Provider's Interconnection Facilities that have not yet been constructed or installed, the Participating TO Transmission Provider shall to the extent possible and withwith Interconnection Customer's authorization cancel any pending orders of, or return, any materials or equipment for, or contracts for construction of, such facilities; provided that in the event Interconnection Customer elects not to authorize such cancellation, Interconnection Customer shall assume all payment obligations with respect to such materials, equipment, and contracts, and Transmission Provider shall deliver such material and equipment, and, if 2.4.2 The Participating TO Transmission Provider may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO Transmission Provider shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 2 contracts

Samples: Large Generator Interconnection Agreement, Large Generator Interconnection Agreement

Termination Costs. If this LGIA terminates pursuant to Article 2.3 above, the Interconnection Customer shall pay all costs incurred or irrevocably committed to be incurred in association with the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts for Interconnection Facilities and equipment) and other expenses, including any Network Upgrades and Distribution Upgrades for which as of the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by thedate of 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and withwith the Interconnection Customer's authorization cancel any pending orders of, or return, any materials or 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 1 contract

Samples: Large Generator Interconnection Agreement

Termination Costs. If this LGIA terminates pursuant to Article 2.3 above, the Interconnection Customer shall pay all costs incurred or irrevocably committed to be incurred in association with the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts for Interconnection Facilities and equipment) and other expenses, including any Network Upgrades and Distribution Upgrades for which the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by thethe Interconnection Customer, as of the date of the other Parties’ receipt of the notice of termination, subject to the limitations set forth in this Article 2.4. Nothing in this Article 2.4 shall limit the Parties’ rights under Article 17. 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and with, 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 1 contract

Samples: Large Generator Interconnection Agreement

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Termination Costs. If this LGIA terminates pursuant to Article 2.3 above, the Interconnection Customer shall pay all costs incurred or irrevocably committed to be incurred in association with the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts for Interconnection Facilities and equipment) and other expenses, including any Network Upgrades and Distribution Upgrades for which the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by thethe Interconnection Customer, as of the date of the other Parties’ receipt of the notice of termination, subject to the limitations set forth in this Article 2.4. However, to the extent that the costs of the Participating TO’s Network Upgrades have received Abandoned Plant Approval from FERC, the Interconnection Customer shall not be responsible for those charges. 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and with, 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 1 contract

Samples: Large Generator Interconnection Agreement

Termination Costs. If Immediately upon the other Parties’ receipt of a notice of the termination of this LGIA terminates pursuant to Article 2.3 above, the Interconnection Customer shall pay all costs incurred or irrevocably committed to be incurred in association with the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts for Interconnection Facilities CAISO and equipment) and other expenses, including any Network Upgrades and Distribution Upgrades for which the each Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by thewill determine the total cost responsibility of the Interconnection 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages damages, and charges arising as a consequence of termination. With respect to any portion of the each Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the each Participating TO shall to the extent possible and withwith the Interconnection Customer's authorization cancel any pending orders of, or return, any materials or 2.4.2 The Each Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the each Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 1 contract

Samples: Large Generator Interconnection Agreement

Termination Costs. If Immediately upon the other Parties’ receipt of a notice of the termination of this LGIA terminates pursuant to Article 2.3 above, the CAISO and the Participating TO will determine the total cost responsibility of the Interconnection Customer. If, as of the date of the other Parties’ receipt of the notice of termination, the Interconnection Customer shall pay all costs incurred or irrevocably committed has not already paid its share of Network Upgrade costs, as set forth in Appendix G to be incurred in association with this LGIA, the Participating TO will liquidate the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts Interconnection Financial Security associated with its cost responsibility for Interconnection Facilities and equipment) and other expensesNetwork Upgrades, including any Network Upgrades and Distribution Upgrades for which in accordance with Section 11.4 of the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by theGIDAP. 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and with, 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 1 contract

Samples: Large Generator Interconnection Agreement (Lgia)

Termination Costs. If Immediately upon the other Parties’ receipt of a notice of the termination of this LGIA terminates pursuant to Article 2.3 above, the CAISO and the Participating TO will determine the total cost responsibility of the Interconnection Customer. If, as of the date of the other Parties’ receipt of the notice of termination, the Interconnection Customer shall pay all costs incurred or irrevocably committed has not already paid its share of Network Upgrade costs, as set forth in Appendix G to be incurred in association with this LGIA, the Participating TO will liquidate the Interconnection Customer’s interconnection (including any cancellation costs relating to orders or contracts Interconnection Financial Security associated with its cost responsibility for Interconnection Facilities and equipment) and other expensesNetwork Upgrades, including any Network Upgrades and Distribution Upgrades for which in accordance with Section 9.4 of the Participating TO or CAISO has incurred expenses or has irrevocably committed to incur expenses and has not been reimbursed by theLGIP. 2.4.1 Notwithstanding the foregoing, in the event of termination by a Party, all Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges arising as a consequence of termination. With respect to any portion of the Participating TO’s Interconnection Facilities that have not yet been constructed or installed, the Participating TO shall to the extent possible and withParticipating 2.4.2 The Participating TO may, at its option, retain any portion of such materials, equipment, or facilities that the Interconnection Customer chooses not to accept delivery of, in which case the Participating TO shall be responsible for all costs associated with procuring such materials, equipment, or facilities. 2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities already installed or constructed pursuant to the terms of this LGIA, Interconnection Customer shall be responsible for all costs associated with the removal, relocation or other disposition or retirement of such materials, equipment, or facilities.

Appears in 1 contract

Samples: Large Generator Interconnection Agreement (Lgia)

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