Common use of Withdrawal and Termination of the Regional Tariff Clause in Contracts

Withdrawal and Termination of the Regional Tariff. (a) The Transmission Provider may withdraw this Regional Tariff, and any other RTP may withdraw its Regional Tariff, (i) at any time prior to the Effective Date, at the sole discretion of the Transmission Provider or the RTP, respectively; (ii) at any time (either before, on or after the Effective Date), due to the occurrence or material risk of adverse regulatory action (subject to any obligations incurred for transactions already consummated under the Regional Tariff in which the withdrawing Transmission Provider or other RTP participated), as determined in the sole discretion of the Transmission Provider or other RTP, including, but not limited, to, conditions that may be imposed by the Commission or any other governmental authority, or as a result of intervenor action or a complaint, on the Regional Transmission Service, such as subjecting the rates, transmission revenue requirements or costs of a Non-Jurisdictional RTP to review under the Federal Power Act, either directly or indirectly, or subjecting an RTP to refunds or the possibility thereof, or (iii) for any reason and at the sole discretion of the withdrawing RTP, upon ninety (90) days prior written notice to the other RTPs effective at any time following the Effective Date. It shall be a condition precedent to the effectiveness of any withdrawal that the withdrawing Transmission Provider or other RTP pay all amounts due and payable under this Regional Tariff prior to such withdrawal. The Transmission Provider acknowledges and agrees that this Regional Tariff will continue in effect as to other RTPs notwithstanding the withdrawal of one or more other RTPs. (b) This Regional Tariff will be in effect until the Transmission Provider and the other RTPs mutually agree to terminate Regional Transmission Service or the Transmission Provider has withdrawn this Regional Tariff in accordance with its terms.