Common use of Bond Financing Clause in Contracts

Bond Financing. Notwithstanding anything in these Procedures to the contrary, IPA shall not be required to perform any obligation hereunder or take any action in furtherance thereof that, in the sole opinion of IPA’s bond counsel, creates a risk that the use of any portion of the IPA Switchyard (or any other assets of IPA) in the manner provided in these Procedures will be treated as “private business use” under (and as defined in) section 141(b)(6) of the Internal Revenue Code; provided, however, that the foregoing shall not be applicable if Interconnection Customer first pays to IPA all costs and expenses of mitigating the effects of such private business use, including but not limited to the costs and expenses of IPA taking appropriate remedial action as directed by its bond counsel, in its bond counsel’s sole opinion required to eliminate such private business use, unless IPA shall reasonably determine to otherwise make provision for such remediation of such private business use.

Bond Financing. Notwithstanding anything in these Procedures this Agreement to the contrary, IPA shall not be required to perform any obligation hereunder or take any action in furtherance thereof that, in the sole opinion of IPA’s bond counselBond Counsel, creates a risk that the use of any portion of the IPA Switchyard (or any other assets of IPA) in the manner provided in these Procedures this Agreement will be treated as “private business use” under (and as defined in) section 141(b)(6) of the Internal Revenue Code; provided, however, that the foregoing shall not be applicable if Interconnection Customer first pays to IPA all costs and expenses of mitigating the effects of such private business use, including but not limited to the costs and expenses of IPA taking appropriate remedial action as directed by its bond counselBond Counsel, in its bond counselBond Counsel’s sole opinion required to eliminate such private business use, unless IPA shall reasonably determine to otherwise make provision for such remediation of such private business use.

Bond Financing. ‌ Notwithstanding anything in these Procedures to the contrary, IPA shall not be required to perform any obligation hereunder or take any action in furtherance thereof that, in the sole opinion of IPA’s bond counsel, creates a risk that the use of any portion of the IPA Switchyard (or any other assets of IPA) in the manner provided in these Procedures will be treated as “private business use” under (and as defined in) section 141(b)(6) of the Internal Revenue Code; provided, however, that the foregoing shall not be applicable if Interconnection Customer first pays to IPA all costs and expenses of mitigating the effects of such private business use, including but not limited to the costs and expenses of IPA taking appropriate remedial action as directed by its bond counsel, in its bond counsel’s sole opinion required to eliminate such private business use, unless IPA shall reasonably determine to otherwise make provision for such remediation of such private business use.