Termination By the ISO. By notice to NTD, the ISO may terminate its obligations under this Agreement: (i) upon the withdrawal of one or more PTOs from the Transmission Operating Agreement and the ISO has given notice to the PTOs that it is terminating the Transmission Operating Agreement pursuant to Section 10.01(c)(i) thereof; (ii) if FERC issues an order putting into effect material changes in the liability and indemnification protections afforded to the ISO under this Agreement or the ISO Tariff; (iii) if FERC issues an order putting into effect an amendment or modification of this Agreement that materially adversely affects the ISO’s ability to carry out its responsibilities under this Agreement, unless the ISO has agreed to such changes in accordance with Section 11.04; (iv) upon a NTD event of default in accordance with Section 10.04(a), provided that the ISO shall exercise this right in accordance with Section 10.04(b)(i); or (v) if, within the period of ten years from the Effective Date, no NTD project has been listed by the ISO on the RSP Project List as “Proposed.”
Appears in 2 contracts
Sources: Non Incumbent Transmission Developer Operating Agreement, Non Incumbent Transmission Developer Operating Agreement