Transmission and Interconnection. 4.9.1 If applicable, Seller (shall enter/has entered/is in the process of entering) into a Connection Agreement and Transmission Service Agreement with the NGCP to connect the facility to the Grid. 4.9.2 At all times from and after the Effective Date, all interconnection, transmission and other agreements necessary for Seller to perform its obligations hereunder (including the Connection Agreement and Transmission Service Agreement) shall be in full force and effect. 4.9.3 If the Buyer is not able to take the Contracted Capacity from the Delivery Point, for causes attributable to a system rotational brownout or load dropping imposed by the System Operator, and/or any failure by the Transmission Utility to transmit the Contracted Capacity including those due to any localized transmission line outages (other than as a result of a system-wide or grid-wide blackout or service interruption), the Buyer may, after the occurrence of any of such events, revise its Nomination for the succeeding Trading Interval/s on the same trading day (“Real-Time Nomination”) and the Seller shall accept the Buyer’s Real-Time Nomination, provided, that the Buyer: (a) Submits the Real-Time Nomination to the Seller not later than ( ) hours before the applicable Trading Interval (“RTN Deadline”); and (b) States the reason for submitting a Real- Time Nomination, which shall be specified by the Buyer in writing as one of the above- mentioned causes. 4.9.4 The Buyer shall not be liable for any reasons of failure by the Transmission Utility to transmit the Contracted Capacity as stated in Section 4.9.3 hereof. In the event that the Buyer did not meet the 65% minimum Contracted Capacity due to the rotational brownout of the System Operator or any failure on the part of the Transmission Utility as mentioned in Section 4.9.3 of this Agreement, the Buyer shall only be obliged to pay the actual capacity delivered within the relevant Billing Period. Moreover, all other fees shall also be calculated based on the actual capacity delivered within the relevant Billing Period.
Appears in 2 contracts
Sources: Power Supply Agreement, Power Supply Agreement