Common use of NYISO Clause in Contracts

NYISO. Developer, and Affected System Operator shall cooperate with each other in good faith in obtaining all permits, licenses and authorizations that are necessary to accomplish the EPC Services in compliance with Applicable Laws and Regulations. With respect to this paragraph, Affected System Operator shall provide permitting assistance to the Developer comparable to that provided to the Affected System Operator’s own, or an Affiliate’s generation, if any. Developer reserves the right, upon written notice to Affected System Operator, National Grid, and NYISO, to suspend at any time all work associated with the construction and installation of the Affected System Upgrade Facilities required for only that Developer’s Large Generating Facility with the condition that the New York State Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and the safety and reliability criteria of Affected System Operator, National Grid, and NYISO. In such event, Developer shall be responsible for all reasonable and necessary costs and/or obligations in accordance with Attachment S to the ISO OATT including those which Affected System Operator (i) has incurred pursuant to this Agreement prior to the suspension and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the New York State Transmission System during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which Affected System Operator cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, Affected System Operator shall obtain Developer’s authorization to do so. Affected System Operator shall invoice Developer for such costs pursuant to Article 7 and shall use due diligence to minimize its costs. In the event Developer suspends work required under this Agreement pursuant to this Article 3.11, and does not recommence the work required under this Agreement on or before the expiration of three (3) years following commencement of such suspension, this Agreement shall be deemed terminated. The three-year period shall begin on the date the suspension is requested, or the date of the written notice to Affected System Operator, National Grid, and NYISO, if no effective date is specified.

NYISO. Developer, and Affected System Operator shall cooperate with each other in good faith in obtaining all permits, licenses and authorizations that are necessary to accomplish the EPC Services in compliance with Applicable Laws and Regulations. With respect to this paragraphgraph, Affected System Operator shall provide permitting assistance to the Developer comparable to that provided to the Affected System Operator’s own, or an Affiliate’s generation, if any. Developer reserves the right, upon written notice to Affected System Operator, National Grid, and NYISO, to suspend at any time all work associated with the construction and installation of the Affected System Upgrade Facilities required for only that Developer’s Large Generating Facility with the condition that the New York State Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and the safety and reliability criteria of Affected System Operator, National Grid, and NYISO. In such event, Developer shall be responsible for all reasonable and necessary costs and/or obligations in accordance with Attachment S to the ISO OATT including those which Affected System Operator (i) has incurred pursuant to this Agreement prior to the suspension and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the New York State Transmission System during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which Affected System Operator cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, Affected System Operator shall obtain Developer’s authorization to do so. Affected System Operator shall invoice Developer for such costs pursuant to Article 7 and shall use due diligence to minimize its costs. In the event Developer suspends work required under this Agreement pursuant to this Article 3.11, and does not recommence the work required under this Agreement on or before the expiration of three (3) years following commencement of such suspension, this Agreement shall be deemed terminated. The three-year period shall begin on the date the suspension is requested, or the date of the written notice to Affected System Operator, National Grid, and NYISO, if no effective date is specified.