Common use of Development of Improvements Clause in Contracts

Development of Improvements. Modifications, additions, deletions and changes to the Intertie (“Improvements”) shall be designed and constructed so as not to reduce the Intertie’s reliability. All Improvements shall be implemented in accordance with Prudent Utility Practice and, with commercially reasonable consideration of the costs and benefits of such improvements. 6.4.1.1 Except as provided in Section 6.4.1.2, the affirmative vote of a minimum of 75 percent of the members of the IMC constituting greater than 66 percent of the total Annual System Demand of all members of the IMC, including the affirmative vote of AEA, shall be required to approve any Improvements. The design and specifications, including engineering studies for proposed Improvements to the Intertie shall be submitted to the IMC for review and approval. The IMC may require additional studies. Approval of the design and specifications of Improvements shall require the affirmative vote of a minimum of 75 percent of the members of the IMC constituting greater than 66 percent of the total Annual System Demand of all members of the IMC, including the affirmative vote of AEA. 6.4.1.2 AEA shall have the right to make Improvements to the Intertie, including taps to provide electrical services at locations that AEA deems beneficial and reasonable. Costs related to Improvements covered by this Section 6.4.1.2 will not be deemed to be Intertie Costs unless such Improvements are of direct benefit to the Participants and/or Users as determined in advance by the IMC under Section 6.4.3,

Development of Improvements. Modifications, additions, deletions and changes to the Intertie (“Improvements”) shall be designed and constructed so as not to reduce the Intertie’s reliability. All Improvements shall be implemented in accordance with Prudent Utility Practice and, with commercially reasonable consideration of the costs and benefits of such improvements. 6.4.1.1 Except as provided in Section 6.4.1.2, the affirmative vote of a minimum of 75 percent of the members of the IMC constituting greater than 66 percent of the total Annual System Demand of all members of the IMC, including the affirmative vote of AEA, shall be required to approve any Improvements. The design and specifications, including engineering studies for proposed Improvements to the Intertie shall be submitted to the IMC for review and approval. The IMC may require additional studies. Approval of the design and specifications of Improvements shall require the affirmative vote of a minimum of 75 percent of the members of the IMC constituting greater than 66 percent of the total Annual System Demand of all members of the IMC, including the affirmative vote of AEA. 6.4.1.2 AEA shall have the right to make Improvements to the Intertie, including taps to provide electrical services at locations that AEA deems beneficial and reasonable. Costs related to Improvements covered by this Section 6.4.1.2 will not be deemed to be Intertie Costs unless such Improvements are of direct benefit to the Participants and/or Users as determined in advance by the IMC under Section 6.4.3,, Responsibility for Cost of Improvements. The design for such Improvements shall be submitted to the IMC for review and comment. The comments of the IMC shall be incorporated into the design of the Improvements as they relate to maintaining the Intertie’s reliability. 6.4.1.3 The IMC shall not unreasonably delay the implementation of any Improvements provided for under Section 6.4, Improvements to the Intertie.