Common use of Waiver of Right to Own Clause in Contracts

Waiver of Right to Own. SDTS or Oncor (as applicable) shall have, in its sole discretion and authority, the ability to waive any right to own and build (“Waiver of Right to Own”) an SU Submitted Project, Unopposed SU Submitted Integration Project, Accepted Integration Project, or an SU Generation Interconnection (a “Waived Project”) and delegate the responsibility for the construction of the project to SU as provided for by the ERCOT Protocols. This Waiver of Right to Own must be provided in writing by Oncor or SDTS (as applicable) to SU within thirty (30) days prior to filing for any PUCT approvals. In the event SDTS or Oncor (as applicable) exercises its Waiver of Right to Own, the Building Plan will no longer apply to such Waived Project, and SU will be free to build and own such Waived Project or partner with others to do so.