Common use of Material Alterations Clause in Contracts

Material Alterations. Interconnector shall give Operator prior notice of any 8 Material Alteration which Interconnector intends to make. For purposes of this 9 Section 9.1.2, "Material Alteration" means any physical change to the 10 Generating Facility or the generating facility interconnection tie line which (i) 11 deviates from any of the applicable information set forth in Exhibit A, 12 GENERATING FACILITY, attached hereto (which may require amendment 13 pursuant to Section 32.5 herein), (ii) fails to conform with any other express 14 requirement of this Agreement, (iii) fails to comply with any Applicable 15 Requirement, (iv) affects the operation of the Common Bus or the electrical 16 systems connected thereto, or (v) requires Mitigation. Interconnector shall 17 give notice of such Material Alteration sufficiently prior to the date when it is 18 planned to be placed in service to allow Operator a reasonable opportunity, 19 using Good Utility Practice, to evaluate the potential impacts thereof, identify 20 any appropriate Mitigation associated therewith and, to the extent such 21 Mitigation affects the Common Bus, complete such Mitigation, all at the 22 expense of Interconnector. If Operator at any time becomes aware of a 23 Material Alteration, whether or not Interconnector has given timely notice 1 thereof, Operator, acting in good faith and consistently with Good Utility 2 Practice, may require Interconnector to operate in a manner which does not 3 violate any of clauses (ii), (iii) or (iv) of this Section, may require Interconnector 4 to perform or cause to be performed Mitigation resulting from such Material 5 Alteration or, if such Mitigation affects the Common Bus, may perform such 6 Mitigation at Interconnector's expense, and may impose specific requirements 7 for the foregoing purposes. If any Material Alteration, in the sole judgment of 8 the Operator, acting in good faith, may endanger life or property or may pose a 9 threat to system reliability, Operator shall proceed immediately or at any time 10 thereafter with any action necessary or appropriate to terminate such 11 endangerment or threat to system reliability. If any Material Alteration causes 12 an Operating Emergency, Operator shall proceed in accordance with Section 13 8.4 to the extent applicable and consistent with the provisions of this Section.