Common use of Both Lines Have Capacity Shortfall Clause in Contracts

Both Lines Have Capacity Shortfall. If: (1) as of the Commercial Operation Date, the NECEC Transmission Line and the Québec Line are both not capable of operating at or above 1,040 MW, and Distribution Company has not agreed in writing to begin transmission service under the Distribution Company TSA notwithstanding such operating capability, or (2) as of the earlier of the Concurrent Remediation Date or the end of the Remediation Period, the NECEC Transmission Line and the Québec Line are both not capable of operating at or above 1,075 MW and Distribution Company has not waived such deficiency under the Distribution Company TSA, then Purchaser shall pay to Owner one-half (1/2) of the Owner Termination Payment (as defined in the Distribution Company TSA) payable to Distribution Company under the Distribution Company TSA as a consequence thereof.