Common use of Incidental Use Clause in Contracts

Incidental Use. A specific Transmission Line Land Right shall be classified as "Incidental Use" if, as of the Closing Date and assuming the completion of construction of all Intended Distribution Facilities, the Circuit of which the Transmission Line Land Right is a component is used for Distribution on 25% or less of the length of the Circuit; provided, however, that the Contributor may request that ATCLLC treat a specific Circuit (and the component Transmission Line Land Rights) as "Joint Use," based on facts and circumstances specific to such Circuit, notwithstanding its objective classification as "Incidental Use."

Incidental Use. A specific Transmission Line Land Right shall be -------------- classified as "Incidental Use" if, as of the Closing Date and assuming the completion of construction of all Intended Distribution Facilities, the Circuit of which the Transmission Line Land Right is a component is used for Distribution on 25% or less of the length of the Circuit; provided, however, that the Contributor may request that ATCLLC treat a specific Circuit (and the component Transmission Line Land Rights) as "Joint Use," based on facts and circumstances specific to such Circuit, notwithstanding its objective classification as "Incidental Use."

Incidental Use. A specific Transmission Line Land Right --------------- shall be classified as "Incidental Use" if, as of the Closing Date and assuming the completion of construction of all Intended Distribution Facilities, the Circuit of which the Transmission Line Land Right is a component is used for Distribution on 25% or less of the length of the Circuit; provided, however, that the Contributor may request that ATCLLC treat a specific Circuit (and the component Transmission Line Land Rights) as "Joint Use," based on facts and circumstances specific to such Circuit, notwithstanding its objective classification as "Incidental Use."