Common use of Delay in Interconnection Clause in Contracts

Delay in Interconnection. Purchaser shall cause OUC to complete the OUC Interconnection Facilities and ensure that the Grid is capable of providing and receiving Energy by the date that is eight (8) months prior to the anticipated Commercial Operation Date, but in no event earlier than January 15, 2003. By the date that Seller has completed the collector bus and the 230 kv line to the OUC Interconnection Facilities, but no earlier than the date that is eleven (11) months prior to the anticipated Commercial Operation Date, OUC shall provide service to the Facility for the purposes of engineering and testing the collector bus and other systems by either providing 230 kv service at the 230 kv Interconnection Point or by providing service to the 4160 kv SWGR bus. If for any reason, other than the fault of Seller, OUC fails to complete the OUC Interconnection Facilities and/or if the Grid is not capable of providing and receiving Energy (as determined by OUC and as supported by reasonable documentation) in accordance with the preceding sentence and, as a result, OUC cannot accommodate Seller's start-up and testing of the Facility (such a delay, an "IF/Grid Delay"), then the Scheduled Commencement Date shall be extended by that period of time equal to the IF/Grid Delay; provided, however, that Purchaser shall make the Capacity Payments as provided in Section 5.1.3(b); provided, further, that if Seller would not have been capable of delivering Energy from the Facility to the OUC Interconnection Facilities, even in the absence of an IF/Grid Delay, on the original anticipated Commercial Operating Date ("Seller's Delay"), then extension of the Scheduled Commencement Date and the date on which Purchaser is obligated to make Capacity Payments shall be adjusted by the period of time of Seller's Delay.

Delay in Interconnection. Purchaser shall cause OUC to complete the OUC Interconnection Facilities and ensure that the Grid is capable of providing and receiving Energy by the date that is eight (8) months prior to the anticipated Commercial Operation Date, but in no event earlier than January 15, 2003. By the date that Seller has completed the collector bus and the 230 kv line to the OUC Interconnection Facilities, but no earlier than the date that is eleven (11) months prior to the anticipated Commercial Operation Date, OUC shall provide service to the Facility for the purposes of engineering and testing the collector bus and other systems by either providing 230 kv service at the 230 kv Interconnection Point or by providing service to the 4160 kv SWGR bus. If for any reason, other than the fault of Seller, OUC fails to complete the OUC Interconnection Facilities and/or if the Grid is not capable of providing and receiving Energy (as determined by OUC and as supported by reasonable documentation) in accordance with the preceding sentence and, as a result, OUC cannot accommodate Seller's start-up and testing of the Facility (such a delay, an "IF/Grid Delay"), then the Scheduled Commencement Date shall be extended by that period of time equal to the IF/Grid Delay; provided, however, that Purchaser shall make the Capacity Payments as provided in Section 5.1.3(b); provided, further, that if Seller would not have been capable of delivering Energy from the Facility to the OUC Interconnection Facilities, even in the absence of an IF/Grid Delay, on the original anticipated Commercial Operating Date ("Seller's Delay"), then extension of the Scheduled Commencement Date and the date on which Purchaser is obligated to make Capacity Payments shall be adjusted by the period of time of Seller's Delay.