Common use of EPC Services Clause in Contracts

EPC Services. Performance of EPC Services. Developer shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Developer shall not undertake any action which is inconsistent with the Affected System Operator’s standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event Developer reasonably expects that it will not be able to complete the EPC Services by the specified dates, Developer shall promptly provide written notice to the Affected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. General Conditions Applicable to Developer’s Performance of the EPC Services. Developer’s performance of the EPC Services are subject to the following conditions: Developer shall engineer, procure equipment, and construct the Affected System Upgrade Facilities (or portions thereof) using Good Utility Practice and using standards and specifications provided in advance by the Affected System Operator and National Grid as set forth in Appendix A; Developer’s engineering, procurement and construction of the Affected System Upgrade Facilities shall comply with all requirements of law to which Affected System Operator and National Grid would be subject in the engineering, procurement or construction of the Affected System Upgrade Facilities; Affected System Operator and National Grid shall review and approve the engineering design, equipment acceptance tests, and the construction of the Affected System Upgrade Facilities; Prior to commencement of construction, Developer shall provide Affected System Operator, National Grid, and NYISO a schedule for construction of the Affected System 11 SERVICE AGREEMENT NO. 2598 Upgrade Facilities, and shall promptly respond to requests for information from Affected System Operator, National Grid, or NYISO; At any time during construction, Affected System Operator and National Grid shall have the right to gain unrestricted access to the Affected System Upgrade Facilities and to conduct inspections of the same; At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Affected System Upgrade Facilities not meet the standards and specifications provided by Affected System Operator and National Grid, Developer shall be obligated to remedy deficiencies in that portion of the Affected System Upgrade Facilities;

EPC Services. Performance of EPC Services. Developer Affected System Operator shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Developer Affected System Operator shall not be required to undertake any action which is inconsistent with the Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event Developer Affected System Operator reasonably expects that it will not be able to complete the EPC Services by the specified dates, Developer Affected System Operator shall promptly provide written notice to the Affected System Operator Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. General Conditions Applicable to Developer’s Performance Equipment Procurement Affected System Operator shall commence design of the EPC Services. Developer’s performance of the EPC Services are subject to the following conditions: Developer shall engineer, procure equipment, and construct the Affected System Upgrade Facilities (or portions thereof) using Good Utility Practice and using standards procure necessary equipment as soon as practicable after it receives written authorization to proceed with design and specifications provided procurement from the Developer by the date specified in advance by Appendix A hereto, unless the Developer and the Affected System Operator and National Grid as set forth otherwise agree in Appendix A; Developer’s engineering, procurement and writing. Construction Commencement Affected System Operator shall commence construction of the Affected System Upgrade Facilities shall comply with all requirements as soon as practicable after the following conditions are satisfied: Approval of law the appropriate Governmental Authority has been obtained, to which Affected System Operator and National Grid would be subject in the engineeringextent required, procurement or for the construction of a discrete aspect of the Affected System Upgrade Facilities; Affected System Operator Necessary real property rights and National Grid shall review and approve rights-of-way have been obtained, to the engineering designextent required, equipment acceptance tests, and for the construction of a discrete aspect of the Affected System Upgrade Facilities; Prior and The Affected System Operator has received from the Developer written authorization to commencement proceed with construction in accordance with the Milestones set forth in Appendix A. Work Progress. Affected System Operator will keep the Developer and NYISO advised periodically as to the progress of constructionits respective design, procurement and construction efforts. Developer shall provide or NYISO may, at any time, request a progress report from the Affected System Operator, National Grid, and NYISO a schedule for construction of the Affected System 11 SERVICE AGREEMENT NO. 2598 Upgrade Facilities, and shall promptly respond to requests for information from Affected System Operator, National Grid, or NYISO; At any time during construction, Affected System Operator and National Grid shall have the right to gain unrestricted access to the Affected System Upgrade Facilities and to conduct inspections of the same; At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Affected System Upgrade Facilities not meet the standards and specifications provided by Affected System Operator and National Grid, Developer shall be obligated to remedy deficiencies in that portion of the Affected System Upgrade Facilities;.

EPC Services. Performance of EPC Services. Developer Interconnection Customer shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Developer Interconnection Customer shall not undertake any action which is inconsistent with the Affected System Operator’s standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event Developer Interconnection Customer reasonably expects that it will not be able to complete the EPC Services by the specified dates, Developer Interconnection Customer shall promptly provide written notice to the Affected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. 11 SERVICE AGREEMENT NO. 2723 General Conditions Applicable to DeveloperInterconnection Customer’s Performance of the EPC Services. DeveloperInterconnection Customer’s performance of the EPC Services are subject to the following conditions: Developer Interconnection Customer shall engineer, procure equipment, and construct the Affected System Upgrade Facilities (or portions thereof) using Good Utility Practice and using standards and specifications provided in advance by the Affected System Operator and National Grid as set forth in Appendix A; DeveloperInterconnection Customer’s engineering, procurement and construction of the Affected System Upgrade Facilities shall comply with all requirements of law to which Affected System Operator and National Grid would be subject in the engineering, procurement or construction of the Affected System Upgrade Facilities; Affected System Operator and National Grid shall review and approve the engineering design, equipment acceptance tests, and the construction of the Affected System Upgrade Facilities; Prior to commencement of construction, Developer Interconnection Customer shall provide Affected System Operator, National Grid, and NYISO a schedule for construction of the Affected System 11 SERVICE AGREEMENT NO. 2598 Upgrade Facilities, and shall promptly respond to requests for information from Affected System Operator, National Grid, or NYISO; At any time during construction, Affected System Operator and National Grid shall have the right to gain unrestricted access to the Affected System Upgrade Facilities and to conduct inspections of the same; At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Affected System Upgrade Facilities not meet the standards and specifications provided by Affected System Operator and National Grid, Developer Interconnection Customer shall be obligated to remedy deficiencies in that portion of the Affected System Upgrade Facilities;; Interconnection Customer shall indemnify Affected System Operator, National Grid, and NYISO for claims from the Interconnection Customer’s construction of the Affected SERVICE AGREEMENT NO. 2723 System Upgrade Facilities and the operation of such Affected System Upgrade Facilities under procedures applicable to Article 13.1 Indemnity; Interconnection Customer shall transfer control of Affected System Upgrade Facilities to Affected System Operator; Unless the Interconnection Customer and Affected System Operator otherwise agree, Interconnection Customer shall transfer ownership of Affected System Upgrade Facilities to Affected System Operator; Affected System Operator and National Grid shall approve and accept for operation and maintenance the Affected System Upgrade Facilities to the extent engineered, procured, and constructed in accordance with this Article 3.2; and Interconnection Customer shall deliver to NYISO, National Grid, and Affected System Operator “as built” drawings, information, and any other documents that are reasonably required by NYISO or Affected System Operator to assure that the Affected System Upgrade Facilities are built to the standards and specifications required by Affected System Operator. Interconnection Customer shall pay the Affected System Operator the agreed upon amount of $55,000.00 for the Affected System Operator to execute the responsibilities enumerated to Affected System Operator under Article 3.2. Affected System Operator shall invoice Interconnection Customer for this total amount to be divided on a monthly basis pursuant to Article 7.

EPC Services. Performance of EPC Services. Developer shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Developer shall not undertake any action which is inconsistent with the Affected System Operator’s standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event Developer reasonably expects that it will not be able to complete the EPC Services by the specified dates, Developer shall promptly provide written notice to the Affected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. General Conditions Applicable to Developer’s Performance of the EPC Services. Developer’s performance of the EPC Services are is subject to the following conditions: Developer shall engineer, procure equipment, and construct the Affected System Upgrade Facilities (or portions thereof) using Good Utility Practice and using standards and specifications provided in advance by the Affected System Operator and National Grid as set forth in Appendix A; Developer’s engineering, procurement and construction of the Affected System Upgrade Facilities shall comply with all requirements of law to which Affected System Operator and National Grid would be subject in the engineering, procurement or construction of the Affected System Upgrade Facilities; Affected System Operator and National Grid shall review and approve the engineering design, equipment acceptance tests, and the construction of the Affected System Upgrade Facilities; Prior to commencement of construction, Developer shall provide Affected System Operator, National Grid, Operator and NYISO a schedule for construction of the Affected System 11 SERVICE AGREEMENT NO. 2598 Upgrade Facilities, and shall promptly respond to requests for information from Affected System Operator, National Grid, Operator or NYISO; At any time during construction, Affected System Operator and National Grid shall have the right to gain unrestricted access to the Affected System Upgrade Facilities and to conduct inspections of the same; At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Affected System Upgrade Facilities not meet the standards SERVICE AGREEMENT NO. 2774 and specifications provided by Affected System Operator and National GridOperator, Developer shall be obligated to remedy deficiencies in that portion of the Affected System Upgrade Facilities;; Developer shall indemnify Affected System Operator and NYISO for claims

EPC Services. Performance of EPC Services. Developer Affected System Operator shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Developer Affected System Operator shall not be required to undertake any action which is inconsistent with the Affected System Operator’s its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event Developer Affected System Operator reasonably expects that it will not be able to complete the EPC Services by the specified dates, Developer Affected System Operator shall promptly provide written notice to the Affected System Operator Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. General Conditions Applicable to Developer’s Performance Equipment Procurement. Affected System Operator shall commence design of the EPC Services. Developer’s performance of the EPC Services are subject to the following conditions: Developer shall engineer, procure equipment, and construct the Affected System Upgrade Facilities (or portions thereof) using Good Utility Practice and using standards procure necessary equipment as soon as practicable after it receives written authorization to proceed with design and specifications provided procurement from the Developer by the date specified in advance by Appendix A hereto, unless the Developer and the Affected System Operator and National Grid as set forth otherwise agree in Appendix A; Developer’s engineering, procurement and writing. Construction Commencement. Affected System Operator shall commence construction of the Affected System Upgrade Facilities shall comply with all requirements of law to which Affected System Operator and National Grid would be subject in the engineering, procurement or construction a discrete aspect of the Affected System Upgrade Facilities; Affected System Operator and National Grid shall review and approve , as applicable, as soon as practicable after the engineering designfollowing conditions are satisfied: Approval of the appropriate Governmental Authority has been obtained, equipment acceptance teststo the extent required, and for the construction of the Affected System Upgrade FacilitiesFacilities or discrete aspect thereof, as applicable; Prior to commencement of constructionNecessary real property rights and rights-of-way have been obtained, Developer shall provide Affected System Operator, National Grid, and NYISO a schedule for construction of the Affected System 11 SERVICE AGREEMENT NO. 2598 Upgrade Facilities, and shall promptly respond to requests for information from Affected System Operator, National Grid, or NYISO; At any time during construction, Affected System Operator and National Grid shall have the right to gain unrestricted access to the Affected System Upgrade Facilities and to conduct inspections of extent required, for the same; At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Affected System Upgrade Facilities not meet the standards or discrete aspect thereof, as applicable; and specifications provided by The Affected System Operator has received from the Developer written authorization to proceed with construction in accordance with the Milestones set forth in Appendix A. Work Progress. Affected System Operator will keep the Developer and National Grid▇▇▇▇▇ advised periodically as to the progress of its respective design, procurement and construction efforts. Developer shall be obligated to remedy deficiencies in that portion of or NYISO may, at any time, request a progress report from the Affected System Upgrade Facilities;Operator.