Common use of Special Operating Terms and Conditions Clause in Contracts

Special Operating Terms and Conditions. 13.1. For thermal powered generation, Generator will provide TSP at least thirty (30) minutes prior notice before coming on-line or off-line so TSP can adjust reactive resources. 13.2. For wind powered generation greater than 50 MW, Generator shall notify TSP at least thirty (30) minutes in advance anytime the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii) above or any time Generator expects generation rate changes greater than 20% per minute of the Plant’s nameplate MW rating. 13.3. For solar powered generation greater than 10 MW, Generator shall notify TSP at least thirty (30) minutes in advance anytime the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii) above; TSP will coordinate the deviation in entire-site reactive disconnections of fifteen (15) minutes between solar farms in the same area, if any, for daily planned disconnections. 20160920-5103 FERC PDF (Unofficial) 9/20/2016 2:44:07 PM (a) All notices of an operational nature shall be in writing and/or may be sent between the Parties via electronic means including facsimile as follows: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power LLC AEP Texas Central Company c/o American Electric Power Service Corporation Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Manager, Transmission Dispatching Address: ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 650 5502 Corporate Dr. City, State, Zip: Houston, TX 77057 Corpus Christi, TX 78403 24 Hour Phone: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ (b) Notices of an administrative nature: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power LLC AEP Texas Central Company c/o American Electric Power Service Corporation Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Director, System Interconnections Address: ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 650 212 E. 6th Street City, State, Zip: Houston, TX 77057 Tulsa, OK 74119 Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Phone: ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Copy: Company Name: Attn: Address: City, State, Zip: Fax: Phone: E-mail: (c) Notice for statement and billing purposes: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power LLC AEP Texas Central Company c/o American Electric Power Service Corporation Attn: Accounting Dept Accounts Receivable Address: ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 650 301 Cleveland Ave SW City, State, Zip: Houston, TX 77057 Canton, OH 44702 (d) Information concerning Electronic Funds Transfers: If to Generator: If to Transmission Service Provider: Bank Name: TBD Citibank, N.A. Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ City, State: New York, NY 10043 ABA No. ▇▇▇▇▇▇▇▇▇ for credit to AEP Texas Central Company Account No. ▇▇▇▇▇▇▇▇ 1. As a condition to TSP’s obligation to plan, license, engineer, design, procure equipment and materials, and construct the TIF described in Section 8 of Exhibit “C”, Generator will provide a financial security (“Security”) in the form of one (1) or more letters of credit (“LC”), corporate guaranty or other form of collateral security reasonably acceptable to TSP in an amount totaling Two Million Dollars ($2,000,000), as required pursuant to Section 8.3 of this Agreement. Such Security shall be provided within ten (10) business days after receipt of written notice from TSP that TSP has executed this Agreement. 2. Depending upon the creditworthiness of the proposed guarantor, a corporate guaranty may or may not be acceptable Security. If Generator chooses to provide a corporate guaranty, it shall provide any financial reports requested by TSP upon execution of this Agreement. If the creditworthiness of the proposed guarantor is acceptable to TSP, the corporate guaranty shall be in a form similar to that shown in Exhibit “E-1” or, if in a form not similar to that shown in Exhibit “E-1” in a form acceptable to TSP. Generator shall provide annual audited financial statements of the guarantor for so long as the guaranty is in effect. In addition, Generator agrees to provide financial information concerning the guarantor as may be requested from time to time by TSP. 3. LC means one (1) or more irrevocable, transferable standby letters of credit issued by a U.S. commercial bank or a foreign bank with a U.S. branch that has a credit rating of at least A- from Standard and Poor’s or an A3 credit rating from ▇▇▇▇▇’▇ Investors Services. The LC will be maintained with a bank having such credit rating for the entire period that the LC is in effect. TSP reserves the right to request multiple LC providers, depending on the amount of security required. The LC shall be in a form substantially similar to that shown in Exhibit “E-2” or, if not in a form similar to that shown in Exhibit “E-2,” in a form acceptable to TSP. Such LC shall state that it is issued in favor of TSP and specify as its expiry date the date that follows the Commercial Operation Date indicated in Exhibit “B” by one (1) year. Costs of the LC shall be borne by the Generator. 4. TSP may by written notice to Generator require Generator to increase, replenish, or replace the Security from time to time i) if TSP determines in its reasonable discretion that the remaining Security is not adequate to cover the costs that TSP then reasonably estimates could become payable pursuant to this Agreement, ii) in the case of a letter of credit, if at any time the bank issuing the letter of credit no longer meets the criteria set forth in Section 3 above, or iii) in the case of a guaranty, if at any time the creditworthiness of the guarantor is no longer reasonably acceptable to TSP. Generator will tender any such increase, replenishment, or replacement to TSP within thirty (30) days of such notice. No forbearance or delay on the part of TSP in requiring an increase, replenishment, or replacement of the Security will be a waiver of its right to do so.

Appears in 1 contract

Sources: Service Agreement

Special Operating Terms and Conditions. 13.1. a) For thermal powered generation, Generator will provide TSP at least thirty (30) minutes prior notice before coming on-line or off-line so TSP can adjust reactive resources. 13.2. b) For wind powered generation greater than 50 MW, Generator shall notify TSP at least thirty (30) minutes in advance anytime the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii12 (f)(viii) above or any time Generator expects generation rate changes greater than 20% 25 MW per minute of the Plant’s nameplate MW ratingminute. 13.3. c) For solar powered generation greater than 10 MW, Generator shall notify TSP at least thirty (30) minutes in advance anytime the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii12 (f)(viii) above; TSP will coordinate the deviation in entire-site reactive disconnections of fifteen (15) minutes between solar farms in the same area, if any, for daily planned disconnections. 20160920-5103 FERC PDF (Unofficial) 9/20/2016 2:44:07 PM. (a) All notices of an operational nature shall be in writing and/or may be sent between the Parties via electronic means including facsimile as follows: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power Duke Energy Renewables Solar, LLC AEP Texas Central North Company c/o American Electric Power Service Corporation Attn: ▇▇▇▇▇▇▇▇▇▇▇▇▇ Manager, Transmission Dispatching Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 650 5502 Corporate Dr. Mail Code ST31D ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇. City, State, Zip: HoustonCharlotte, TX 77057 NC 28202 Corpus Christi, TX 78403 24 Hour Phone: ▇▇▇-▇▇▇-▇▇▇▇ (▇▇▇-) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇@▇▇▇.▇▇▇▇▇▇@▇▇▇▇-▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ (b) Notices of an administrative nature: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power LLC Duke Energy Renewables, Inc. AEP Texas Central North Company c/o American Electric Power Service Corporation Attn: ▇▇▇▇. ▇▇▇▇▇▇▇▇ Director, System Interconnections Transmission & Interconnection Services Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 650 212 E. 6th Street Mail Drop 300-Annex ▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇▇ City, State, Zip: HoustonCincinnati, TX 77057 OH 45202 Tulsa, OK 74119 Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Phone: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Copy: Company Name: Duke Energy Renewables, Inc. Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Mail Code 300-Annex City, State, Zip: Cincinnati, OH 45202 Fax: Phone: ▇▇▇-▇▇▇-▇▇▇▇ E-mail:: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇-▇▇▇▇▇▇.▇▇▇ (c) Notice for statement and billing purposes: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power LLC Duke Energy Renewables, Inc. AEP Texas Central North Company c/o American Electric Power Service Corporation Attn: Accounting Dept ▇▇▇▇ ▇▇▇▇▇▇▇ Accounts Receivable Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 650 301 Cleveland Ave SW Mail Code 300-Annex ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇ City, State, Zip: HoustonCincinnati, TX 77057 OH 45202 Canton, OH 44702 (d) Information concerning Electronic Funds Transfers: If to Generator: If to Transmission Service Provider: Bank Name: TBD PNC Bank Citibank, N.A. Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ City, State: Cincinnati, OH 45202 New York, NY 10043 ABA No. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ for credit to Pecos SolarPower I (▇▇▇▇▇▇▇▇▇) AEP Texas Central North Company Account No. 4000365227 ▇▇▇▇▇▇▇▇ 1. As a condition to TSP’s obligation to plan, license, engineer, design, procure equipment and materials, and construct the TIF described in Section 8 of Exhibit “C”, Generator will provide a financial security (“Security”) in the form of one (1) or more letters of credit (“LC”), corporate guaranty or other form of collateral security reasonably acceptable to TSP in an amount totaling Two Million Dollars ($2,000,000), as required pursuant to Section 8.3 of this Agreement. Such Security shall be provided within ten (10) business days after receipt of written notice from TSP that TSP has executed this Agreement. 2. Depending upon the creditworthiness of the proposed guarantor, a corporate guaranty may or may not be acceptable Security. If Generator chooses to provide a corporate guaranty, it shall provide any financial reports requested by TSP upon execution of this Agreement. If the creditworthiness of the proposed guarantor is acceptable to TSP, the corporate guaranty shall be in a form similar to that shown in Exhibit “E-1” or, if in a form not similar to that shown in Exhibit “E-1” in a form acceptable to TSP. Generator shall provide annual audited financial statements of the guarantor for so long as the guaranty is in effect. In addition, Generator agrees to provide financial information concerning the guarantor as may be requested from time to time by TSP. 3. LC means one (1) or more irrevocable, transferable standby letters of credit issued by a U.S. commercial bank or a foreign bank with a U.S. branch that has a credit rating of at least A- from Standard and Poor’s or an A3 credit rating from ▇▇▇▇▇’▇ Investors Services. The LC will be maintained with a bank having such credit rating for the entire period that the LC is in effect. TSP reserves the right to request multiple LC providers, depending on the amount of security required. The LC shall be in a form substantially similar to that shown in Exhibit “E-2” or, if not in a form similar to that shown in Exhibit “E-2,” in a form acceptable to TSP. Such LC shall state that it is issued in favor of TSP and specify as its expiry date the date that follows the Commercial Operation Date indicated in Exhibit “B” by one (1) year. Costs of the LC shall be borne by the Generator. 4. TSP may by written notice to Generator require Generator to increase, replenish, or replace the Security from time to time i) if TSP determines in its reasonable discretion that the remaining Security is not adequate to cover the costs that TSP then reasonably estimates could become payable pursuant to this Agreement, ii) in the case of a letter of credit, if at any time the bank issuing the letter of credit no longer meets the criteria set forth in Section 3 above, or iii) in the case of a guaranty, if at any time the creditworthiness of the guarantor is no longer reasonably acceptable to TSP. Generator will tender any such increase, replenishment, or replacement to TSP within thirty (30) days of such notice. No forbearance or delay on the part of TSP in requiring an increase, replenishment, or replacement of the Security will be a waiver of its right to do so.. THIS GUARANTY is executed as of the day of , between , a Company, a Texas corporation (the “Counterparty”). (the “Guarantor”), and AEP Texas North Duke Energy Renewables Solar, LLC, a Delaware limited liability company (the “Company”), and the Counterparty have entered into an Interconnection Agreement, dated as of (the “Agreement”). As an inducement to the Counterparty to enter into the Agreement and for other good and valuable consideration, the receipt, and sufficiency of which are hereby acknowledged, the Guarantor covenants and agrees as follows:

Appears in 1 contract

Sources: Service Agreement

Special Operating Terms and Conditions. 13.1. For thermal powered generation, Generator will provide TSP at least thirty (30) minutes prior notice before coming on-line or off-line so TSP can adjust reactive resources. 13.2. For wind powered generation greater than 50 MW, Generator shall notify TSP at least thirty (30) minutes in advance anytime the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii) above or any time Generator expects generation rate changes greater than 20% per minute of the Plant’s nameplate MW rating. 13.3. For solar powered generation greater than 10 MW, Generator shall notify TSP at least thirty (30) minutes in advance anytime the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii) above; TSP will coordinate the deviation in entire-site reactive disconnections of fifteen (15) minutes between solar farms in the same area, if any, for daily planned disconnections. 20160920Conceptual One-5103 FERC PDF (Unofficial) 9/20/2016 2:44:07 PMLine Drawing of Temporary Facilities/Temporary Point of Interconnection (a) All notices of an operational nature shall be in writing and/or may be sent between the Parties via electronic means including facsimile as follows: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power CED Alamo 7, LLC AEP Texas Central North Company c/o American Electric Power Service Corporation Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ O&M/Construction Manager Manager, Transmission Dispatching Address: ▇▇▇▇ ▇▇▇▇▇▇ ▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Suite 650 5502 Corporate Dr. ▇▇▇ ▇▇. City, State, Zip: HoustonMcCamey, TX 77057 Texas 79752 Corpus Christi, TX 78403 24 Hour Phone: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇@▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ (b) Notices of an administrative nature: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power CED Alamo 7, LLC AEP Texas Central North Company c/o American Electric Power Service Corporation Attn: VP, Legal and Compliance Services Director, System Interconnections Address: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Director, System Interconnections Address: ▇▇▇▇ ▇▇▇ ▇▇▇ ▇. ▇▇▇ ▇▇▇▇, Suite 650 212 E. 6th Street ▇▇ City, State, Zip: HoustonValhalla, TX 77057 NY 10595 Tulsa, OK 74119 Fax: ▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Phone: ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇@▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Copy: Company Name: ConEd Development Attn: Address: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ City, State, Zip: Valhalla, NY 10595 Fax: Phone: ▇▇▇ ▇▇▇ ▇▇▇▇ E-mail:: ▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ (c) Notice for statement and billing purposes: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power CED Alamo 7, LLC AEP Texas Central North Company c/o American Electric Power Service Corporation Attn: Accounting Dept Accounts Receivable Address: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 650 301 Cleveland Ave SW ▇▇▇ ▇▇▇ ▇▇ City, State, Zip: HoustonValhalla, TX 77057 NY 10595 Canton, OH 44702 (d) Information concerning Electronic Funds Transfers: If to Generator: If to Transmission Service Provider: Bank Name: TBD Bank of New York Mellon Citibank, N.A. N. A. Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ City, State: Pittsburgh, PA 15262 New York, NY 10043 ABA No. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ for credit to Consolidated Edison Development, Inc. AEP Texas Central North Company Account No. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 1. As a condition to TSP’s obligation to plan, license, engineer, design, procure equipment and materials, and construct the TIF described in Section 8 of Exhibit “C”, Generator will provide has previously provided a financial security (“Security”) in the form of one (1) or more letters of credit (“LC”), corporate guaranty or other form of collateral security reasonably acceptable to TSP in an amount totaling Two Seven Million Five Hundred Thousand Dollars ($2,000,0007,500,000), as required pursuant to Section 8.3 of this Agreement. Such Security shall be provided within ten (10) business days after receipt of written notice from TSP that TSP has executed this Agreement. 2. Depending upon the creditworthiness of the proposed guarantor, a corporate guaranty may or may not be acceptable Security. If Generator chooses to provide a corporate guaranty, it shall provide any financial reports requested by TSP upon execution of this Agreement. If the creditworthiness of the proposed guarantor is acceptable to TSP, the corporate guaranty shall be in a form similar to that shown in Exhibit “E-1” or, if in a form not similar to that shown in Exhibit “E-1” in a form acceptable to TSP. Generator shall provide annual audited financial statements of the guarantor for so long as the guaranty is in effect. In addition, Generator agrees to provide financial information concerning the guarantor as may be requested from time to time by TSP. 3. LC means one (1) or more irrevocable, transferable standby letters of credit issued by a U.S. commercial bank or a foreign bank with a U.S. branch that has a credit rating of at least A- from Standard and Poor’s or an A3 credit rating from ▇▇▇▇▇’▇ Investors Services. The LC will be maintained with a bank having such credit rating for the entire period that the LC is in effect. TSP reserves the right to request multiple LC providers, depending on the amount of security required. The LC shall be in a form substantially similar to that shown in Exhibit “E-2” or, if not in a form similar to that shown in Exhibit “E-2,” in a form acceptable to TSP. Such LC shall state that it is issued in favor of TSP and specify as its expiry date the date that follows the Commercial Operation Date indicated in Exhibit “B” by one (1) year. Costs of the LC shall be borne by the Generator. 4. TSP may by written notice to Generator require Generator to increase, replenish, or replace the Security from time to time i) if TSP determines in its reasonable discretion that the remaining Security is not adequate to cover the costs that TSP then reasonably estimates could become payable pursuant to this Agreement, ii) in the case of a letter of credit, if at any time the bank issuing the letter of credit no longer meets the criteria set forth in Section 3 above, or iii) in the case of a guaranty, if at any time the creditworthiness of the guarantor is no longer reasonably acceptable to TSP. Generator will tender any such increase, replenishment, or replacement to TSP within thirty (30) days of such notice. No forbearance or delay on the part of TSP in requiring an increase, replenishment, or replacement of the Security will be a waiver of its right to do so.

Appears in 1 contract

Sources: Ercot Standard Generation Interconnection Agreement

Special Operating Terms and Conditions. 13.1. a) For thermal powered generation, Generator will provide TSP at least thirty (30) minutes prior notice before coming on-line or off-line so TSP can adjust reactive resources. 13.2. b) For wind powered generation greater than 50 MW, Generator shall notify TSP at least thirty (30) minutes in advance anytime the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii12 (f)(viii) above or any time Generator expects generation rate changes greater than 20% 25 MW per minute of the Plant’s nameplate MW ratingminute. 13.3. c) For solar powered generation greater than 10 MW, Generator shall notify TSP at least thirty (30) minutes in advance anytime the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii12 (f)(viii) above; TSP will coordinate the deviation in entire-site reactive disconnections of fifteen (15) minutes between solar farms in the same area, if any, for daily planned disconnections. 20160920Conceptual One-5103 FERC PDF (Unofficial) 9/20/2016 2:44:07 PMLine Drawing of Temporary Facilities/Temporary Point of Interconnection (a) All notices of an operational nature shall be in writing and/or may be sent between the Parties via electronic means including facsimile as follows: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power OCI Alamo 7 LLC AEP Texas Central North Company c/o American Electric Power Service Corporation Attn: Vice President, Operations Manager, Transmission Dispatching Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Manager, Transmission Dispatching Address: ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 650 5502 Corporate Dr. . City, State, Zip: HoustonSan Antonio, TX 77057 78205 Corpus Christi, TX 78403 24 Hour Phone: ▇▇▇-▇▇▇-▇▇▇▇ (▇▇▇-) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ (b) Notices of an administrative nature: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power OCI Alamo 7 LLC AEP Texas Central North Company c/o American Electric Power Service Corporation Attn: ▇▇▇Legal Department Director, Transmission & Interconnection Services Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇ Director, System Interconnections Address: ▇▇▇▇ ▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇, Suite 650 212 E. 6th Street City, State, Zip: HoustonSan Antonio, TX 77057 78205 Tulsa, OK 74119 Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Phone: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Copy: Company Name: Attn: Address: City, State, Zip: Fax: Phone: E-mail: (c) Notice for statement and billing purposes: If to Generator: If to Transmission Service Provider: Company Name: Port Comfort Power OCI Alamo 7 LLC AEP Texas Central North Company c/o American Electric Power Service Corporation Attn: Accounting Dept Accounts Receivable Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 650 301 Cleveland Ave SW ▇▇▇ ▇▇▇ ▇▇ City, State, Zip: HoustonSan Antonio, TX 77057 78205 Canton, OH 44702 (d) Information concerning Electronic Funds Transfers: If to Generator: If to Transmission Service Provider: Bank Name: TBD Bank of America, N. A. Citibank, N.A. N. A. Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ City, State: Atlanta, GA 30302-4899 New York, NY 10043 ABA No. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ for credit to OCI Solar Power LLC AEP Texas Central North Company Account No. 334037089802 ▇▇▇▇▇▇▇▇ 1. As a condition to TSP’s obligation to plan, license, engineer, design, procure equipment and materials, and construct the TIF described in Section 8 of Exhibit “C”, Generator will provide a financial security (“Security”) in the form of one (1) or more letters of credit (“LC”), corporate guaranty or other form of collateral security reasonably acceptable to TSP in an amount totaling Two Seven Million Five Hundred Thousand Dollars ($2,000,0007,500,000), as required pursuant to Section 8.3 of this Agreement. Such Security shall be provided within by the dates and in the amounts set forth in the following schedule: Within ten (10) business days after receipt of written notice from TSP that TSP has executed the this Agreement.Agreement Within three (3) months after the Execution Date of the this Agreement $2,500,000 $5,000,000 2. Depending upon the creditworthiness of the proposed guarantor, a corporate guaranty may or may not be acceptable Security. If Generator chooses to provide a corporate guaranty, it shall provide any financial reports requested by TSP upon execution of this Agreement. If the creditworthiness of the proposed guarantor is acceptable to TSP, the corporate guaranty shall be in a form similar to that shown in Exhibit “E-1” or, if in a form not similar to that shown in Exhibit “E-1” in a form acceptable to TSP. Generator shall provide annual audited financial statements of the guarantor for so long as the guaranty is in effect. In addition, Generator agrees to provide financial information concerning the guarantor as may be requested from time to time by TSP. 3. LC means one (1) or more irrevocable, transferable standby letters of credit issued by a U.S. commercial bank or a foreign bank with a U.S. branch that has a credit rating of at least A- from Standard and Poor’s or an A3 credit rating from ▇▇▇▇▇’▇ Investors Services. The LC will be maintained with a bank having such credit rating for the entire period that the LC is in effect. TSP reserves the right to request multiple LC providers, depending on the amount of security required. The LC shall be in a form substantially similar to that shown in Exhibit “E-2” or, if not in a form similar to that shown in Exhibit “E-2,” in a form acceptable to TSP. Such LC shall state that it is issued in favor of TSP and specify as its expiry date the date that follows the Commercial Operation Date indicated in Exhibit “B” by one (1) year. Costs of the LC shall be borne by the Generator. 4. TSP may by written notice to Generator require Generator to increase, replenish, or replace the Security from time to time i) if TSP determines in its reasonable discretion that the remaining Security is not adequate to cover the costs that TSP then reasonably estimates could become payable pursuant to this Agreement, ii) in the case of a letter of credit, if at any time the bank issuing the letter of credit no longer meets the criteria set forth in Section 3 above, or iii) in the case of a guaranty, if at any time the creditworthiness of the guarantor is no longer reasonably acceptable to TSP. Generator will tender any such increase, replenishment, or replacement to TSP within thirty (30) days of such notice. No forbearance or delay on the part of TSP in requiring an increase, replenishment, or replacement of the Security will be a waiver of its right to do so.

Appears in 1 contract

Sources: Service Agreement