Common use of New Construction or Modifications Clause in Contracts

New Construction or Modifications. 3.4.1 The Switching Station Owners shall make such additions, modifications, replacements and improvements to the Switching Station Owners Interconnection Facilities as are required by law, regulation, the PJM Tariff, the PJM Agreement or Good Utility Practice to enable the Switching Station Owners to provide Interconnection Service in compliance with this Agreement. The Generating Station Owners shall pay the cost of such additions, modifications, replacements or improvements, including without limitation, any tax liability, costs of acquiring real property and costs and fees for permits franchises, licenses and regulatory and other approvals, except to the extent that such costs are allocated to a party or parties other than the Generating Station Owners by PJM Interconnection, L.L.C. or otherwise under the PJM Tariff or PJM Agreement. Except as required under Section 3.4.6, the Switching Station Owners shall pay the cost of any other additions, modifications, replacements or improvements made to the Switching Station Owners' Interconnection Facilities. 3.4.2 If any additions, modifications, replacements or improvements undertaken by the Switching Station Owners might reasonably be expected to affect the Generating Station Owners' operation of the Conemaugh Station, the Switching Station Owners shall provide one hundred twenty (120) days written notice to the Generating Station Owners in a manner consistent with FERC Order No. 889 (18 C.F.R. Part 37) prior to undertaking such additions, modification, replacements or improvements. Any such additions, modifications, replacements or improvements shall comply with applicable law, PJM requirements and Good Utility Practice. The Switching Station Owners and the Generating Station Owners shall mutually agree to the scheduling of such addition, modification, replacement or improvement to minimize any adverse impact on the Conemaugh Station. The Generating Station Owners shall be deemed to have accepted the Switching Station Owners' proposed additions, modifications, replacements or improvements unless the Generating Station Owners give the Switching Station Owners written notice of their objections within thirty (30) days after receipt of the Switching Station Owners' notice. The Generating Station Owners' acceptance or deemed acceptance of the Switching

New Construction or Modifications. 3.4.1 The Switching Station Owners 32.1 Pepco Construction or Modifications ----------------------------------- (a) Pepco shall make such additions, modifications, replacements and improvements to the Switching Station Owners Interconnection Facilities as are required by law, regulation, the PJM Tariff, the PJM Agreement Requirements or Good Utility Practice to enable the Switching Station Owners Pepco to provide Interconnection Service in compliance with this Agreement. The Generating Station Owners Generator shall pay the cost of all reasonable Costs incurred by Pepco for such additions, modifications, replacements or improvements, including without limitation, any tax liability, costs of acquiring real property and costs and fees for permits franchises, licenses and regulatory and other approvals, except to the extent that such costs are allocated to a party or parties other than the Generating Station Owners by PJM Interconnection, L.L.C. or otherwise under the PJM Tariff or PJM Agreement. Except as required under Section 3.4.6, the Switching Station Owners shall pay the cost of any other additions, modifications, replacements or improvements made to the Switching Station Owners' Interconnection Facilities. 3.4.2 If (b) Except with respect to operation and maintenance or ordinary maintenance done in the ordinary course of business or to respond to abnormal or emergency conditions, if any additions, modifications, replacements or improvements to the Interconnection Facilities undertaken by the Switching Station Owners Pepco might reasonably be expected to affect the Generating Station Owners' Generator's operation of the Conemaugh Station, the Switching Station Owners Pepco shall provide one hundred twenty (120) days written notice to the Generating Station Owners in a manner consistent with FERC Order No. 889 (18 C.F.R. Part 37) Generator prior to undertaking such additions, modificationmodifications, replacements or improvements. Any such additions, modifications, replacements or improvements shall comply with applicable law, PJM requirements Requirements and Good Utility Practice. The Switching Station Owners and the Generating Station Owners Parties shall mutually agree to the scheduling of such addition, modification, replacement or improvement to minimize any adverse impact on the Conemaugh Station. The Generating Station Owners Generator shall be deemed to have accepted the Switching Station Owners' Pepco's proposed additions, modifications, replacements or improvements unless the Generating Station Owners give the Switching Station Owners Generator gives Pepco written notice of their its objections within thirty (30) days after receipt of the Switching Station Owners' Pepco's notice. The Generating Station Owners' Generator's acceptance or deemed acceptance of Pepco's proposed additions, modifications, replacements or improvements shall not be construed, with respect thereto, as: (i) confirmation or endorsement of the Switchingdesign; (ii) a warranty of safety, durability or reliability; or (iii) responsibility for strength, details of design, adequacy or capability.