Common use of Electric Clause in Contracts

Electric. The Parties acknowledge that the Parties have no rights against each other or obligations to each other under this Agreement with respect to any relationship between the Parties in which PG&E is acting in its capacity as an owner or provider of electrical interconnection or transmission service. Thus, whether or not the Units are interconnected to electrical transmission or distribution systems that are owned or operated by PG&E, Seller’s arrangements for electrical interconnection and transmission must be made separately with Seller’s Transmission Provider (which may be PG&E acting in its capacity as a transmission provider) and, except for setting forth the rights and obligations of the Seller to construct, and/or cause to be constructed, and maintain metering facilities, Electrical Interconnection Facilities, Transmission Upgrades, (in each case in accordance with the requirements of its Transmission Provider or transmission owner, as applicable) and arrange for transmission of Products (to the extent applicable) to and at the Electrical Delivery Point, this Agreement conveys no rights or obligations with respect to electrical interconnection and transmission. If, in accordance with the applicable tariffs, rules, or agreements governing Seller’s arrangements for Transmission Upgrades, Seller is entitled to receive a credit, repayment or other rights or privileges as a result of funding the Transmission Upgrades, nothing in this Agreement shall impair or prohibit Seller from retaining those credits, repayments, rights or privileges for its use and benefit. Regardless of whether PG&E owns or operates the interconnecting transmission system, under no circumstances will PG&E in its capacity as a Buyer under this Agreement be responsible for Seller’s interconnection arrangements or costs nor any credit, repayment or other rights or privileges due to Seller as a result of its funding of the Transmission Upgrades. Moreover, Buyer is not responsible for or liable in any way for any delay in the Initial Delivery Date owing to electric interconnection or transmission service, and Seller’s non-performance of any provision of this Agreement shall not be excused to any greater extent due to any action or inaction of PG&E in its capacity as an owner or provider of electrical interconnection or transmission service than it would be if the non-performance were due to any action or inaction of a Person other than PG&E.

Electric. The This Agreement is between (1) Seller and (2) Buyer (as defined herein). Accordingly, the Parties acknowledge that the Parties have no rights against each other or obligations to each other under this Agreement with respect to any relationship between the Parties in which PG&E is acting in its capacity as an owner or provider of electrical interconnection or transmission service. Thus, whether or not the Units are interconnected to electrical transmission or distribution systems that are owned or operated by PG&E, Seller’s arrangements for electrical interconnection and transmission must be made separately with Seller’s Transmission Provider interconnecting transmission provider (which may be PG&E acting in its capacity as a transmission provider) and, except for setting forth the rights and obligations of the Seller to construct, and/or cause to be constructed, and maintain metering facilities, Electrical Interconnection Facilities, Transmission Upgrades, (in each case in accordance with the requirements of its Transmission Provider interconnecting electric transmission provider or transmission owner, as applicable) and arrange for transmission of Energy and Other Products (to the extent applicable) to and at the Electrical Delivery Point, this Agreement conveys no rights or obligations with respect to electrical interconnection and transmission. If, in accordance with the applicable tariffs, rules, or agreements governing Seller’s arrangements for Transmission Upgrades, Seller is entitled to receive a credit, repayment or other rights or privileges as a result of funding the Transmission Upgrades, nothing in this Agreement shall impair or prohibit Seller from retaining those credits, repayments, rights or privileges for its use and benefit. Regardless of whether PG&E owns or operates the interconnecting transmission system, under no circumstances will PG&E in its capacity as a Buyer under this Agreement be responsible for Seller’s interconnection arrangements or costs nor any credit, repayment or other rights or privileges due to Seller as a result of its funding of the Transmission Upgrades. Moreover, Buyer is not responsible for or liable in any way for any delay in the Initial Delivery Date owing to electric interconnection or transmission service, and Seller’s non-performance of any provision of this Agreement shall not be excused to any greater extent due to any action or inaction of PG&E in its capacity as an owner or provider of electrical interconnection or transmission service than it would be if the non-performance were due to any action or inaction of a Person other than PG&E.