Common use of Construction Provisions Clause in Contracts

Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound: 1. TrAILCo and NYSEG each have obligations under this Agreement with respect to System Upgrade Facilities. The Scope of Work for TrAILCo’s construction and installation of System Upgrade Facilities is set forth in sections 2(a), 2(b)(1), 2(b)(2) and 2(b)(3) of Appendix A. The Scope of Work related to NYSEG’s construction and installation of System Upgrade Facilities is set forth in section 2(b)(4) of Appendix A. NYSEG has delegated to TrAILCo the obligation to undertake and complete, at TrAILCo’s cost and expense, the NYSEG Scope of Work described in section 2(b)(3) of Appendix A. 2. TrAILCo shall use best efforts to complete the scope of work described in section 2(b)(3) of Appendix A (the “TrAILCo Scope of Work”) during the period (the “Work Period”) between the commencement of the scheduled outage of the HC - FMR Line and the Commercial Operation Date of the Transmission Facility, which Work Period shall be thirty (30) days in duration. TrAILCo acknowledges that TIME IS OF THE ESSENCE to complete the TrAILCo Scope of Work during the Work Period. It is acknowledged that TrAILCo’s inability to complete all of the work set forth in the TrAILCo Scope of Work within the Work Period may cause NYSEG to incur economic damages and losses. If the work required by the TrAILCo Scope of Work is not completed by the expiration of the Work Period and NYSEG has suffered economic damages or losses as a result, then NYSEG shall provide a written notice and an invoice to TrAILCo that provides reasonable detail as to the cause and extent of the damages and or losses and the amount due from TrAILCo to NYSEG. Subject to TrAILCo’s rights under this Section 2, TrAILCo shall pay the amount due within five (5) days of the date of the invoice. TrAILCo’s obligation to pay the amount invoiced pursuant to this provision shall be absolute and unconditional and without counterclaim or set-off except in the event the TrAILCo Scope of Work is not complete by the expiration of the Work Period because of an act or omission of NYSEG, an act or omission of a third-party not under contract with or control of TrAILCo or any affiliate of TrAILCo for purposes of the TrAILCo Scope of Work, an act or omission of the PJM Interconnection, L.L.C. (“PJM”), National Grid, and/or the New York Independent System Operator, Inc. (“NYISO”), or an event beyond the reasonable control of TrAILCo (e.g., force majeure). 3. NYSEG, at TrAILCo’s expense, shall provide commercially reasonable cooperation and communication to TrAILCo and shall provide all reasonably requested documents, information, consents, and access to facilities and property to permit TrAILCo to undertake and complete the TrAILCo Scope of Work during the Work Period. 4. NYSEG’s agreement to permit TrAILCo to undertake the TrAILCo Scope of Work is conditioned upon TrAILCo delivering to NYSEG, before the initiation of the Work Period, of a surety bond (the “Surety Bond”) in the amount of FIVE MILLION DOLLARS ($5,000,000) in favor of NYSEG issued by a provider reasonably acceptable to TrAILCo and NYSEG (the “SB Provider”) and in form and substance reasonably acceptable to NYSEG, pursuant to which SB Provider guarantees the performance and financial obligations of TrAILCo pursuant to Sections 2(b)(3) of Appendix A and the performance and financial obligations of TrAILCo pursuant to Sections C(2), C(10) and C(11) of this Appendix C.

Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound: 1. TrAILCo and NYSEG each have obligations under this Agreement with respect to construct and/or install System Upgrade Facilities. The Scope of Work for TrAILCo’s construction and installation of System Upgrade Facilities is set forth in sections 2(a), 2(b)(1), 2(b)(2), 2(b)(3), 2(b)(4) and 2(b)(3Phase 2 of 2(b)(6) of Appendix A. The Scope of Work related to for NYSEG’s construction and installation of System Upgrade Facilities is set forth in section 2(b)(42(b)(5) and Phase 1 of section 2(b)(6) of Appendix A. NYSEG has delegated to TrAILCo the obligation to undertake and complete, at TrAILCo’s cost and expense, the NYSEG Scope of Work described in section 2(b)(32(b)(5) of Appendix A.A. For clarity, the Scope of Work described in Phase 1 of section 2(b)(6) of Appendix A shall be performed at TrAILCo’s cost and expense. 2. TrAILCo shall use best efforts to complete the scope of work described in section 2(b)(32(b)(5) of Appendix A (the “TrAILCo Scope of Work”) during the period (the “Work Period”) between the commencement of the scheduled outage of the HC - FMR Watercure Line and the Commercial Operation Date of the Transmission Facility, which Work Period shall be thirty forty (3040) days in duration. TrAILCo acknowledges that TIME IS OF THE ESSENCE to complete the TrAILCo Scope of Work during the Work Period. It is acknowledged that TrAILCo’s inability to complete all of the work set forth in the TrAILCo Scope of Work within the Work Period may cause NYSEG to incur economic damages and losses. If the work required by the TrAILCo Scope of Work is not completed by the expiration of the Work Period and NYSEG has suffered economic damages or losses as a result, then NYSEG shall provide a written notice and an invoice to TrAILCo that provides reasonable detail as to the cause and extent of the damages and or losses and the amount due from TrAILCo to NYSEG. Subject to TrAILCo’s rights under this Section 2, TrAILCo shall pay the amount due within five (5) days of the date of the invoice. TrAILCo’s obligation to pay the amount invoiced pursuant to this provision shall be absolute and unconditional and without counterclaim or set-off except in the event the TrAILCo Scope of Work is not complete by the expiration of the Work Period because of an act or omission of NYSEG, an act or omission of a third-party not under contract with or control of TrAILCo or any affiliate of TrAILCo for purposes of the TrAILCo Scope of Work, an act or omission of the PJM Interconnection, L.L.C. (“PJM”), National Grid, and/or the New York Independent System Operator, Inc. (“NYISO”), or an event beyond the reasonable control of TrAILCo (e.g., force majeure).then 3. NYSEG, at TrAILCo’s expense, shall provide commercially reasonable cooperation and communication to TrAILCo and shall provide all reasonably requested documents, information, consents, and access to facilities and property to permit TrAILCo to undertake and complete the TrAILCo Scope of Work during the Work Period. 4. NYSEG’s agreement to permit TrAILCo to undertake the TrAILCo Scope of Work is conditioned upon TrAILCo delivering to NYSEG, before the initiation of the Work Period, of a surety bond (the “Surety Bond”) in the amount of FIVE MILLION DOLLARS ($5,000,000) in favor of NYSEG issued by a provider reasonably acceptable to TrAILCo and NYSEG (the “SB Provider”) and in form and substance reasonably acceptable to NYSEG, pursuant to which SB Provider guarantees the performance and financial obligations of TrAILCo pursuant to Sections 2(b)(32(b)(5) and 2(b)(6) of Appendix A and the performance and financial obligations of TrAILCo pursuant to Sections sections C(2), C(10) and C(11) of this Appendix C.

Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound: 1. TrAILCo and NYSEG each have obligations under this Agreement with respect to System Upgrade Facilities. The Scope of Work for TrAILCo’s construction and installation of System Upgrade Facilities is set forth in sections 2(a), 2(b)(1), 2(b)(2) and 2(b)(3) of Appendix A. The Scope of Work related to NYSEG’s construction and installation of System Upgrade Facilities is set forth in section 2(b)(4) of Appendix A. NYSEG has delegated to TrAILCo the obligation to undertake and complete, at TrAILCo’s cost and expense, the NYSEG Scope of Work described in section 2(b)(3) of Appendix A. 2. TrAILCo shall use best efforts to complete the scope of work described in section 2(b)(3) of Appendix A (the “TrAILCo Scope of Work”) during the period (the “Work Period”) between the commencement of the scheduled outage of the HC - FMR Line and the Commercial Operation Date of the Transmission Facility, which Work Period shall be thirty (30) days in duration. TrAILCo acknowledges that TIME IS OF THE ESSENCE to complete the TrAILCo Scope of Work during the Work Period. It is acknowledged that TrAILCo’s inability to complete all of the work set forth in the TrAILCo Scope of Work within the Work Period may cause NYSEG to incur economic damages and losses. If the work required by the TrAILCo Scope of Work is not completed by the expiration of the Work Period and NYSEG has suffered economic damages or losses as a result, then NYSEG shall provide a written notice and an invoice to TrAILCo that provides reasonable detail as to the cause and extent of the damages and or losses and the amount due from TrAILCo to NYSEG. Subject to TrAILCo’s rights under this Section 2, TrAILCo shall pay the amount due within five (5) days of the date of the invoice. TrAILCo’s obligation to pay the amount invoiced pursuant to this provision shall be absolute and unconditional and without counterclaim or set-off except in the event the TrAILCo Scope of Work is not complete by the expiration SERVICE AGREEMENT NO. 2257 of the Work Period because of an act or omission of NYSEG, an act or omission of a third-party not under contract with or control of TrAILCo or any affiliate of TrAILCo for purposes of the TrAILCo Scope of Work, an act or omission of the PJM Interconnection, L.L.C. (“PJM”), National Grid, and/or the New York Independent System Operator, Inc. (“NYISO”), or an event beyond the reasonable control of TrAILCo (e.g., force majeure). 3. NYSEG, at TrAILCo’s expense, shall provide commercially reasonable cooperation and communication to TrAILCo and shall provide all reasonably requested documents, information, consents, and access to facilities and property to permit TrAILCo to undertake and complete the TrAILCo Scope of Work during the Work Period. 4. NYSEG’s agreement to permit TrAILCo to undertake the TrAILCo Scope of Work is conditioned upon TrAILCo delivering to NYSEG, before the initiation of the Work Period, of a surety bond (the “Surety Bond”) in the amount of FIVE MILLION DOLLARS ($5,000,000) in favor of NYSEG issued by a provider reasonably acceptable to TrAILCo and NYSEG (the “SB Provider”) and in form and substance reasonably acceptable to NYSEG, pursuant to which SB Provider guarantees the performance and financial obligations of TrAILCo pursuant to Sections 2(b)(3) of Appendix A and the performance and financial obligations of TrAILCo pursuant to Sections C(2), C(10) and C(11) of this Appendix C.

Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound: 1. TrAILCo and NYSEG each have obligations under this Agreement with respect to construct and/or install System Upgrade Facilities. The Scope of Work for TrAILCo’s construction and installation of System Upgrade Facilities is set forth in sections 2(a), 2(b)(1), 2(b)(2), 2(b)(3), 2(b)(4) and 2(b)(3Phase 2 of 2(b)(6) of Appendix A. The Scope of Work related to for NYSEG’s construction and installation of System Upgrade Facilities is set forth in section 2(b)(42(b)(5) and Phase 1 of section 2(b)(6) of Appendix A. NYSEG has delegated to TrAILCo the obligation to undertake and complete, at TrAILCo’s cost and expense, the NYSEG Scope of Work described in section 2(b)(32(b)(5) of Appendix A.A. For clarity, the Scope of Work described in Phase 1 of section 2(b)(6) of Appendix A shall be performed at TrAILCo’s cost and expense. 2. TrAILCo shall use best efforts to complete the scope of work described in section 2(b)(32(b)(5) of Appendix A (the “TrAILCo Scope of Work”) during the period (the “Work Period”) between the commencement of the scheduled outage of the HC - FMR Watercure Line and the Commercial Operation Date of the Transmission Facility, which Work Period shall be thirty forty (3040) days in duration. TrAILCo acknowledges that TIME IS OF THE ESSENCE to complete the TrAILCo Scope of Work during the Work Period. It is acknowledged that TrAILCo’s inability to complete all of the work set forth in the TrAILCo Scope of Work within the Work Period may cause NYSEG to incur economic damages and losses. If the work required by the TrAILCo Scope of Work is not completed by the expiration of the Work Period and NYSEG has suffered economic damages or losses as a result, then NYSEG shall provide a written notice and an invoice to TrAILCo that provides reasonable detail as to the cause and extent of the damages and or losses and the amount due from TrAILCo to NYSEG. Subject to TrAILCo’s rights under this Section 2, TrAILCo shall pay the amount due within five (5) days of the date of the invoice. TrAILCo’s obligation to pay the amount invoiced pursuant to this provision shall be absolute and unconditional and without counterclaim or set-off except in the event the TrAILCo Scope of Work is not complete by the expiration of the Work Period because of an act or omission of NYSEG, an act or omission of a third-party not under contract with or control of TrAILCo or any affiliate of TrAILCo for purposes of the TrAILCo Scope of Work, an act or omission of the PJM Interconnection, L.L.C. (“PJM”), National Grid, ) and/or the New York Independent System Operator, Inc. (“NYISO”), or an event beyond the reasonable control of TrAILCo (e.g., force majeure). 3. NYSEG, at TrAILCo’s expense, shall provide commercially reasonable cooperation and communication to TrAILCo and shall provide all reasonably requested documents, information, consents, and access to facilities and property to permit TrAILCo to undertake and complete the TrAILCo Scope of Work during the Work Period. 4. NYSEG’s agreement to permit TrAILCo to undertake the TrAILCo Scope of Work is conditioned upon TrAILCo delivering to NYSEG, before the initiation of the Work Period, of a surety bond (the “Surety Bond”) in the amount of FIVE MILLION DOLLARS ($5,000,000) in favor of NYSEG issued by a provider reasonably acceptable to TrAILCo and NYSEG (the “SB Provider”) and in form and substance reasonably acceptable to NYSEG, pursuant to which SB Provider guarantees the performance and financial obligations of TrAILCo pursuant to Sections 2(b)(32(b)(5) and 2(b)(6) of Appendix A and the performance and financial obligations of TrAILCo pursuant to Sections sections C(2), C(10) and C(11) of this Appendix C.

Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound: 1. TrAILCo and NYSEG each have obligations under this Agreement with respect to construct and/or install System Upgrade Facilities. The Scope of Work for TrAILCo’s construction and installation of System Upgrade Facilities is set forth in sections 2(a), 2(b)(1), 2(b)(2), 2(b)(3), 2(b)(4) and 2(b)(3Phase 2 of 2(b)(6) of Appendix A. The Scope of Work related to for NYSEG’s construction and installation of System Upgrade Facilities is set forth in section 2(b)(42(b)(5) and Phase 1 of section 2(b)(6) of Appendix A. NYSEG has delegated to TrAILCo the obligation to undertake and complete, at TrAILCo’s cost and expense, the NYSEG Scope of Work described in section 2(b)(32(b)(5) of Appendix A.A. For clarity, the Scope of Work described in Phase 1 of section 2(b)(6) of Appendix A shall be performed at TrAILCo’s cost and expense. 2. TrAILCo shall use best efforts to complete the scope of work described in section 2(b)(32(b)(5) of Appendix A (the “TrAILCo Scope of Work”) during the period (the “Work Period”) between the commencement of the scheduled outage of the HC - FMR Watercure Line and the Commercial Operation Date of the Transmission Facility, which Work Period shall be thirty forty (3040) days in duration. TrAILCo acknowledges that TIME IS OF THE ESSENCE to complete the TrAILCo Scope of Work during the Work Period. It is acknowledged that TrAILCo’s inability to complete all of the work set forth in the TrAILCo Scope of Work within the Work Period may cause NYSEG to incur economic damages and losses. If the work required by the TrAILCo Scope of Work is not completed by the expiration of the Work Period and NYSEG has suffered economic damages or losses as a result, then 87 SERVICE AGREEMENT NO. 2232 NYSEG shall provide a written notice and an invoice to TrAILCo that provides reasonable detail as to the cause and extent of the damages and or losses and the amount due from TrAILCo to NYSEG. Subject to TrAILCo’s rights under this Section 2, TrAILCo shall pay the amount due within five (5) days of the date of the invoice. TrAILCo’s obligation to pay the amount invoiced pursuant to this provision shall be absolute and unconditional and without counterclaim or set-off except in the event the TrAILCo Scope of Work is not complete by the expiration of the Work Period because of an act or omission of NYSEG, an act or omission of a third-party not under contract with or control of TrAILCo or any affiliate of TrAILCo for purposes of the TrAILCo Scope of Work, an act or omission of the PJM Interconnection, L.L.C. (“PJM”), National Grid, ) and/or the New York Independent System Operator, Inc. (“NYISO”), or an event beyond the reasonable control of TrAILCo (e.g., force majeure). 3. NYSEG, at TrAILCo’s expense, shall provide commercially reasonable cooperation and communication to TrAILCo and shall provide all reasonably requested documents, information, consents, and access to facilities and property to permit TrAILCo to undertake and complete the TrAILCo Scope of Work during the Work Period. 4. NYSEG’s agreement to permit TrAILCo to undertake the TrAILCo Scope of Work is conditioned upon TrAILCo delivering to NYSEG, before the initiation of the Work Period, of a surety bond (the “Surety Bond”) in the amount of FIVE MILLION DOLLARS ($5,000,000) in favor of NYSEG issued by a provider reasonably acceptable to TrAILCo and NYSEG (the “SB Provider”) and in form and substance reasonably acceptable to NYSEG, pursuant to which SB Provider guarantees the performance and financial obligations of TrAILCo pursuant to Sections 2(b)(32(b)(5) and 2(b)(6) of Appendix A and the performance and financial obligations of TrAILCo pursuant to Sections sections C(2), C(10) and C(11) of this Appendix C.

Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound: 1. TrAILCo and NYSEG each have obligations under this Agreement with respect to System Upgrade Facilities. The Scope of Work for TrAILCo’s construction and installation of System Upgrade Facilities is set forth in sections 2(a), 2(b)(1), 2(b)(2) and 2(b)(3) of Appendix A. The Scope of Work related to NYSEG’s construction and installation of System Upgrade Facilities is set forth in section 2(b)(4) of Appendix A. NYSEG has delegated to TrAILCo the obligation to undertake and complete, at TrAILCo’s cost and expense, the NYSEG Scope of Work described in section 2(b)(3) of Appendix A. 2. TrAILCo shall use best efforts to complete the scope of work described in section 2(b)(3) of Appendix A (the “TrAILCo Scope of Work”) during the period (the “Work Period”) between the commencement of the scheduled outage of the HC - – FMR Line and the Commercial Operation Date of the Transmission Facility, which Work Period shall be thirty (30) days in duration. TrAILCo acknowledges that TIME IS OF THE ESSENCE to complete the TrAILCo Scope of Work during the Work Period. It is acknowledged that TrAILCo’s inability to complete all of the work set forth in the TrAILCo Scope of Work within the Work Period may cause NYSEG to incur economic damages and losses. If the work required by the TrAILCo Scope of Work is not completed by the expiration of the Work Period and NYSEG has suffered economic damages or losses as a result, then NYSEG shall provide a written notice and an invoice to TrAILCo that provides reasonable detail as to the cause and extent of the damages and or losses and the amount due from TrAILCo to NYSEG. Subject to TrAILCo’s rights under this Section 2, TrAILCo shall pay the amount due within five (5) days of the date of the invoice. TrAILCo’s obligation to pay the amount invoiced pursuant to this provision shall be absolute and unconditional and without counterclaim or set-off except in the event the TrAILCo Scope of Work is not complete by the expiration of the Work Period because of an act or omission of NYSEG, an act or omission of a third-party not under contract with or control of TrAILCo or any affiliate of TrAILCo for purposes of the TrAILCo Scope of Work, an act or omission of the PJM Interconnection, L.L.C. (“PJM”), National Grid, and/or the New York Independent System Operator, Inc. (“NYISO”), or an event beyond the reasonable control of TrAILCo (e.g., force majeure).expiration 3. NYSEG, at TrAILCo’s expense, shall provide commercially reasonable cooperation and communication to TrAILCo and shall provide all reasonably requested documents, information, consents, and access to facilities and property to permit TrAILCo to undertake and complete the TrAILCo Scope of Work during the Work Period. 4. NYSEG’s agreement to permit TrAILCo to undertake the TrAILCo Scope of Work is conditioned upon TrAILCo delivering to NYSEG, before the initiation of the Work Period, of a surety bond (the “Surety Bond”) in the amount of FIVE MILLION DOLLARS ($5,000,000) in favor of NYSEG issued by a provider reasonably acceptable to TrAILCo and NYSEG (the “SB Provider”) and in form and substance reasonably acceptable to NYSEG, pursuant to which SB Provider guarantees the performance and financial obligations of TrAILCo pursuant to Sections 2(b)(3) of Appendix A and the performance and financial obligations of TrAILCo pursuant to Sections C(2), C(10) and C(11) of this Appendix C.

Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound: 1. TrAILCo and NYSEG each have obligations under this Agreement with respect to construct and/or install System Upgrade Facilities. The Scope of Work for TrAILCo’s construction and installation of System Upgrade Facilities is set forth in sections 2(a), 2(b)(1), 2(b)(2), 2(b)(3), 2(b)(4) and 2(b)(3Phase 2 of 2(b)(6) of Appendix A. The Scope of Work related to for NYSEG’s construction and installation of System Upgrade Facilities is set forth in section 2(b)(42(b)(5) and Phase 1 of section 2(b)(6) of Appendix A. NYSEG has delegated to TrAILCo the obligation to undertake and complete, at TrAILCo’s cost and expense, the NYSEG Scope of Work described in section 2(b)(32(b)(5) of Appendix A.A. For clarity, the Scope of Work described in Phase 1 of section 2(b)(6) of Appendix A shall be performed at TrAILCo’s cost and expense. 2. TrAILCo shall use best efforts to complete the scope of work described in section 2(b)(32(b)(5) of Appendix A (the “TrAILCo Scope of Work”) during the period (the “Work Period”) between the commencement of the scheduled outage of the HC - FMR Watercure Line and the Commercial Operation Date of the Transmission Facility, which Work Period shall be thirty forty (3040) days in duration. TrAILCo acknowledges that TIME IS OF THE ESSENCE to complete the TrAILCo Scope of Work during the Work Period. It is acknowledged that TrAILCo’s inability to complete all of the work set forth in the TrAILCo Scope of Work within the Work Period may cause NYSEG to incur economic damages and losses. If the work required by the TrAILCo Scope of Work is not completed by the expiration of the Work Period and NYSEG has suffered economic damages or losses as a result, then NYSEG shall provide a written notice and an invoice to TrAILCo that provides reasonable detail as to the cause and extent of the damages and or losses and the amount due from TrAILCo to NYSEG. Subject to TrAILCo’s rights under this Section 2, TrAILCo shall pay the amount due within five (5) days of the date of the invoice. TrAILCo’s obligation to pay the amount invoiced pursuant to this provision shall be absolute and unconditional and without counterclaim or set-off except in the event the TrAILCo Scope of Work is not complete by the expiration of the Work Period because of an act or omission of NYSEG, an act or omission of a third-party not under contract with or control of TrAILCo or any affiliate of TrAILCo for purposes of the TrAILCo Scope of Work, an act or omission of the PJM Interconnection, L.L.C. (“PJM”), National Grid, ) and/or the New York Independent System Operator, Inc. (“NYISO”), or an event beyond the reasonable control of TrAILCo (e.g., force majeure). 3. NYSEG, at TrAILCo’s expense, shall provide commercially reasonable cooperation and communication to TrAILCo and shall provide all reasonably requested documents, information, consents, and access to facilities and property to permit TrAILCo to undertake and complete the TrAILCo Scope of Work during the Work Period. 4. NYSEG’s agreement to permit TrAILCo to undertake the TrAILCo Scope of Work is conditioned upon TrAILCo delivering to NYSEG, before the initiation of the Work Period, of a surety bond (the “Surety Bond”) in the amount of FIVE MILLION DOLLARS ($5,000,000) in favor of NYSEG issued by a provider reasonably acceptable to TrAILCo and NYSEG (the “SB Provider”) and in form and substance reasonably acceptable to NYSEG, pursuant to which SB Provider guarantees the performance and financial obligations of TrAILCo pursuant to Sections 2(b)(32(b)(5) and 2(b)(6) of Appendix A and the performance and financial obligations of TrAILCo pursuant to Sections sections C(2), C(10) and C(11) of this Appendix C. 5. The Parties acknowledge and understand that the compliance dates and time periods set forth in Sections B(1), B(2) and B(3) of this Appendix C are subject to modifications due to: (a) outage scheduling procedures and restrictions; (b) acts or directives of PJM and/or NYISO; and (c) the finalization of applicable design and engineering specifications for equipment and facilities to be provided or installed pursuant to this Agreement. 6. TrAILCo shall undertake the TrAILCo Scope of Work at its cost and expense, and consistent with this Agreement and Good Utility Practice. The ownership of equipment and facilities installed by TrAILCo in connection with the Scope of Work shall be set forth in this Agreement. 7. NYSEG may monitor and inspect TrAILCo’s performance of the TrAILCo Scope of Work. TrAILCo shall maintain adequate communication and coordination between TrAILCo and NYSEG during the Work Period, and TrAILCo shall notify NYSEG of the commencement of the TrAILCo Scope of Work and the completion of the TrAILCo Scope of Work. For purposes of the performance of the TrAILCo Scope of Work, each Party hereby designates the following point of contact for purposes of communication during the Work Period: For TrAILCo: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ c/o FirstEnergy Service Company ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Reading, PA 19612 Office: ▇▇▇-▇▇▇-▇▇▇▇ Cell: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ For NYSEG: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Director – Transmission, Energy Services New York State Electric & Gas Corporation ▇▇ ▇▇▇▇ ▇▇▇▇▇ P.O. Box 5224 Binghamton, NY 13902-5224 Office: 607585-762484-43216352 Cell: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ 8. The energization of the Mainesburg Substation shall occur in accordance with the testing and commissioning plan to be provided by TrAILCo to NYSEG, which testing and commissioning plan shall be subject to NYSEG’s reasonable satisfaction. The Commercial Operation Date of the Mainesburg Substation shall occur only after this Agreement is deemed effective by FERC. TrAILCo shall procure and maintain insurance coverage, for itself and its subcontractors, in accordance with the requirements set forth in Article 18 of this Agreement hereto, and incorporated herein by this reference. 9. Any Party shall report to the other Party verbally and in writing as soon as practical all accidents or occurrences resulting in injuries to any person, including death, and any property damage arising out of this Agreement. 10. TrAILCo will indemnify, defend at its expense and hold harmless NYSEG and its Affiliates, and each of their directors, officers, employees, and agents (the “Indemnitee”) from and against any and all liabilities, claims, demands, suits, losses, costs, fees, damages or expenses (together, “Losses”) it may suffer, or for which it may be held liable including, without limitation, reasonable expenses and attorneys fees incurred in the connection therewith, by reason of: (a) any work-related accident or injury affecting an employee, agent or subcontractor of TrAILCo, arising in connection with work performed under the TrAILCo Scope of Work; (b) any claim by an agency or instrumentality of the federal, state or any local government, or by an employee, agent or subcontractor of TrAILCo alleging that the Indemnitee is liable to any party, for any reason, due to TrAILCo’s negligent performance of the work required by the TrAILCo Scope of Work or omissions by an employee, agent or subcontractor of TrAILCo; (c) bodily injury, including death, to any person or persons due to the actions or omissions of TrAILCo or its agents or subcontractors; (d) damage to or destruction of any property, including loss of use thereof, due to the actions or omissions of TrAILCo, or its agents or subcontractors; provided, however, TrAILCo shall not be required to indemnify, hold harmless and defend the Indemnitee to the extent Losses related to matters described in sections (a), (b), (c) and (d) above arise from the Indemnitee’s negligence or willful misconduct. Individual employees, agents and subcontractors of TrAILCo who are performing work pursuant to the TrAILCo Scope of Work shall be considered to be employees, agents or subcontractors of TrAILCo for all purposes under this Agreement, notwithstanding any judicial or administrative determination that such employees, agents or subcontractors of the other party should be regarded as employees under applicable law. All actions of the employees, agents and subcontractors of TrAILCo under this Agreement shall be deemed to be actions of TrAILCo under this Agreement. This provision shall continue and survive any expiration or termination of this Agreement and completion of the TrAILCo Scope of Work.