Common use of TRIAL AND COMMERCIAL OPERATIONS Clause in Contracts

TRIAL AND COMMERCIAL OPERATIONS. The Large Generating Facility may commence Trial Operations and achieve Commercial Operation upon completion of Phase I of the Attachment Facilities and System Upgrade Facilities as described in Sections I and II of this Appendix A. The Large Generating Facility will be comprised of two separately-queued projects (i.e., a 79.5 MW capacity project at queue position no. 172 (“Clinton I”) and a 21 MW capacity project at queue position no. 211 (“Xxxxxxx XX”)). The Large Generating Facility, including Xxxxxxx XX, will commence Commercial Operation before the final settlement of the Class Year 2007 Facilities Study that includes Xxxxxxx XX. The Developer shall accept the cost allocation for any System Upgrade Facilities for Xxxxxxx XX from the Class Year 2007 Facilities Study and shall post any Security as required pursuant to Attachment S of the NYISO OATT. The Developer shall also make any Headroom payments required by the Class Year 2007 Facilities Study pursuant to Attachment S. If the Attachment Facilities or System Upgrade Facilities for Xxxxxxx XX identified in the Class Year 2007 Facilities Study differ in any material way from the Attachment Facilities and System Upgrade Facilities identified in this Agreement, the Parties shall amend this Agreement, pursuant to its sections 29.11 and 29.12, to reflect the Attachment Facilities and System Upgrade Facilities identified in the Class Year 2007 Facilities Study.

TRIAL AND COMMERCIAL OPERATIONS. The Large Generating Facility may commence Trial Operations and achieve Commercial Operation upon completion of Phase I of the Attachment Facilities and System Upgrade Facilities as described in Sections I and II of this Appendix A. The Large Generating Facility will be comprised of two separately-queued projects (i.e., a 79.5 MW capacity project at queue position no. 172 (“Clinton I”) and a 21 MW capacity project at queue position no. 211 (“Xxxxxxx XX”)). The Large Generating Facility, including Xxxxxxx XX, will commence Commercial Operation before the final settlement of the Class Year 2007 Facilities Study that includes Xxxxxxx XX. The Developer shall accept the cost allocation for any System Upgrade Facilities for Xxxxxxx XX from the Class Year 2007 Facilities Study and shall post any Security as required pursuant to Attachment S of the NYISO OATT. The Developer shall also make any Headroom payments required by the Class Year 2007 Facilities Study pursuant to Issued by: Xxxxxx X. Xxxxxxxx, Dir. Reg. Affairs Effective: April 2, 2008 Issued on: April 23, 2008 New York Independent System Operator, Inc. FERC Electric Tariff, Original Volume No. 1 Original Sheet No. 104 Service Agreement No. 1311 Attachment S. If the Attachment Facilities or System Upgrade Facilities for Xxxxxxx XX identified in the Class Year 2007 Facilities Study differ in any material way from the Attachment Facilities and System Upgrade Facilities identified in this Agreement, the Parties shall amend this Agreement, pursuant to its sections 29.11 and 29.12, to reflect the Attachment Facilities and System Upgrade Facilities identified in the Class Year 2007 Facilities Study.