Common use of NECEC Transmission Line Capacity is Lower Clause in Contracts

NECEC Transmission Line Capacity is Lower. If, on the earlier of the Concurrent Remediation Date and the end of the Remediation Period, the operating capacity of the NECEC Transmission Line and the Québec Line have been increased to at or above 1,075 MW but less than 1,090 MW, and the actual capacity of the NECEC Transmission Line is less than the actual capacity of the Québec Line, then Owner shall be liable to Purchaser for an amount equal to the Proportionate Share of the difference between the actual capacity of the Québec Line and the actual capacity of the NECEC Transmission Line as of the earlier of the Concurrent Remediation Date or the end of the Remediation Period, divided by an amount equal to 1,090 MW minus the actual capacity of the NECEC Transmission Line, multiplied by fifty percent (50%) of all costs prudently incurred by TransÉnergie as of the earlier of the Concurrent Remediation Date or the end of the Remediation Period in connection with the development and construction of the Québec Line. Upon the making of such payment, this Agreement shall continue in effect at the actual operating capacity of the NECEC Transmission Line that was considered for the purpose of determining such payment, and the Contract Capacity shall be deemed modified accordingly.