Common use of Construction of Attachment Facilities and Network Upgrade Facilities Clause in Contracts

Construction of Attachment Facilities and Network Upgrade Facilities. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner Attachment Facilities and, as permitted by Applicable Laws and Regulations, the Network Upgrade Facilities, using Reasonable Efforts to complete the Connecting Transmission Owner Attachment Facilities and Network Upgrade Facilities by the dates set forth in Appendix B hereto. The Connecting Transmission Owner shall not be required to undertake any action which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission Owner reasonably expects that it will not be able to complete the Connecting Transmission Owner Attachment Facilities and Network Upgrade Facilities by the specified dates, Connecting Transmission Owner shall promptly provide written notice to RG&E, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. RG&E shall design, procure, and construct the RG&E Attachment Facilities using Reasonable Efforts to complete the RG&E Attachment Facilities by the dates set forth in Appendix B hereto. RG&E shall not be required to undertake any action which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event RG&E reasonably expects that it will not be able to complete the RG&E Attachment Facilities by the specified dates, RG&E shall promptly provide written notice to Connecting Transmission Owner, and shall undertake Reasonable Efforts to meet the earliest dates thereafter.

Construction of Attachment Facilities and Network Upgrade Facilities. The Connecting Transmission Owner shall design, procure, and construct the Connecting Transmission Owner Owner’sOwner Attachment Facilities andand System, as permitted by Applicable Laws and Regulations, the Network Upgrade FacilitiesFacilities and System Deliverability Upgrades, using Reasonable Efforts to complete the Connecting Transmission Owner Owner’sOwner Attachment Facilities and Network SystemNetwork Upgrade Facilities and System Deliverability Upgrades by the dates set forth in Appendix B hereto. The Connecting Transmission Owner shall not be required to undertake any action which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event the Connecting Transmission Owner reasonably expects that it will not be able to complete the Connecting Transmission Owner Owner’sOwner Attachment Facilities and Network SystemNetwork Upgrade Facilities and System Deliverability Upgrades by the specified dates, the Connecting Transmission Owner shall promptly provide written notice to RG&Ethe Developer and NYISORG&E, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. RG&E Alternate Option.‌ If the dates designated by Developer are acceptable to Connecting Transmission Owner, the Connecting Transmission Owner shall so notify Developer and NYISO within thirty (30) Calendar Days, and shall assume responsibility for the design, procurement and construction of the Connecting Transmission Owner’s Attachment Facilities by the designated dates. If Connecting Transmission Owner subsequently fails to complete Connecting Transmission Owner’s Attachment Facilities by the In-Service Date, to the extent necessary to provide back feed power; or fails to complete System Upgrade Facilities or System Deliverability Upgrades by the Initial Synchronization Date to the extent necessary to allow for Trial Operation at full power output, unless other arrangements are made by the Developer and Connecting Transmission Owner for such Trial Operation; or fails to complete the System Upgrade Facilities and System Deliverability Upgrades by the Commercial Operation Date, as such dates are reflected in Appendix B hereto; Connecting Transmission Owner shall pay Developer liquidated damages in accordance with Article 5.3, Liquidated Damages, provided, however, the dates designated by Developer shall be extended day for day for each day that NYISO refuses to grant clearances to install equipment. Option to Build.‌ If the dates designated by Developer are not acceptable to Connecting Transmission Owner, the Connecting Transmission Owner shall so notify the Developer and NYISO within thirty (30) Calendar Days, and unless the Developer and Connecting Transmission Owner agree otherwise, Developer shall have the option to assume responsibility for the design, procurement and construction of Connecting Transmission Owner’sRG&E shall design, procure, and construct the RG&E Attachment Facilities using Reasonable Efforts to complete the RG&E Attachment Facilities by the dates set forth in Appendix B hereto. RG&E shall not be required to undertake any action which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event RG&E reasonably expects that it will not be able to complete the RG&E Attachment Facilities by the specified dates, RG&E shall promptly provide written notice to Connecting Transmission Owner, and shall undertake Reasonable Efforts to meet the earliest dates thereafter.