Common use of Delineation of Responsibilities Clause in Contracts

Delineation of Responsibilities. The CFR Matrix sets forth the text of each Reliability Standards Requirement or sub-Requirement applicable to the TOP function and, for each such Requirement or sub-Requirement, sets forth the division of responsibility between the Parties. For each applicable Requirement or sub-Requirement, the CFR Matrix identifies the responsibility as Single, Split, Each, or Not Applicable and includes a “Responsibility Details” column that provides additional information. A “Single” designation means that only one of the Parties, as identified in the Matrix, is responsible for compliance with the specified Requirement or sub-Requirement with respect to the transmission facilities covered by the Agreement. A “Split” designation means that the Parties each have certain responsibilities with respect to the specified Requirement or sub-Requirement, which are then delineated in the Responsibility Details column. An “Each” designation means that each Party is separately and wholly responsible for compliance with the Requirement or sub-Requirement as it may pertain to that Party, though only to the extent that the Requirement or sub- Requirement pertains to that Party’s activities, personnel or operations as set forth in the corresponding Responsibility Details column of the Matrix. For each of these designations, the Parties intend that, in the case of an alleged violation of a Reliability Standards Requirement or sub-Requirement, only the Party whose designated obligation has been violated should be held liable, and one Party should not be held liable for the alleged violation of a responsibility that pertains to the other Responsible Entity. A “Not Applicable” designation means that neither party has identified an applicability to their compliance obligations as a Transmission Operator for the Requirement or sub-Requirement in its entirety for the reason identified in the Responsibility Details column of the Matrix. In each instance where a Party is designated in the Matrix as having a responsibility for a particular Requirement, sub-Requirement, or portion of a Requirement or sub-Requirement, that Party holds full compliance responsibility for the designated obligation pursuant to Rule 508 of the NERC Rules of Procedure, as it may be modified from time to time.

Delineation of Responsibilities. The CFR Matrix sets forth the text of each Reliability Standards Requirement or sub-Requirement applicable to the TOP function and, for each such Requirement or sub-Requirement, sets forth the division of responsibility between the Parties. For each applicable Requirement or sub-Requirement, the CFR Matrix identifies the responsibility as Single, Split, Each, or Not Applicable and includes a “Responsibility Details” column that provides additional information. A “Single” designation means that only one of the Parties, as identified in the Matrix, is responsible for compliance with the specified Requirement or sub-Requirement with respect to the transmission facilities covered by the Agreement. A “Split” designation means that the Parties each have certain responsibilities with respect to the specified Requirement or sub-Requirement, which are then delineated in the Responsibility Details column. An “Each” designation means that each Party is separately and wholly responsible for compliance with the Requirement or sub-Requirement as it may pertain to that Party, though only to the extent that the Requirement or sub- Requirement pertains to that Party’s activities, personnel or operations as set forth in the corresponding Responsibility Details column of the Matrix. For each of these designations, the Parties intend that, in the case of an alleged violation of a Reliability Standards Requirement or sub-Requirement, only the Party whose designated obligation has been violated should be held liable, and one Party should not be held liable for the alleged violation of a responsibility that pertains to the other Responsible Entity. A “Not Applicable” designation means that neither party has identified an applicability to their compliance obligations as a Transmission Operator for the Requirement or sub-Requirement in its entirety for the reason identified in the Responsibility Details column is not applicable at all to either of the MatrixParties because (1) the Parties do not have the type of facilities or operations to which the requirement or sub-requirement applies, or (2) the requirement or sub- requirement has been superseded by a WECC regional variance or other similar provision. In each instance where a Party is designated in the Matrix as having a responsibility for a particular Requirement, sub-Requirement, or portion of a Requirement or sub-Requirement, that Party holds full compliance responsibility for the designated obligation pursuant to Rule 508 of the NERC Rules of Procedure, as it may be modified from time to time.