Lands of Other Property Owners. If any part of Distribution Provider or Distribution Owner's Interconnection Facilities, Distribution Upgrades, and/or Network Upgrades is to be installed on property owned by persons other than Interconnection Customer or Distribution Provider or Distribution Owner, Distribution Provider or Distribution Owner shall at Interconnection Customer's expense use efforts, similar in nature and extent to those that it typically undertakes on its own behalf or on behalf of its Affiliates, including use of its eminent domain authority, and to the extent consistent with state law, to procure from such persons any rights of use, licenses, rights of way and easements that are necessary to construct, operate, maintain, test, inspect, replace or remove Distribution Provider or Distribution Owner's Interconnection Facilities, Distribution Upgrades, and/or Network Upgrades upon such property.
Appears in 34 contracts
Samples: Service Agreement, Generator Interconnection Agreement, Generator Interconnection Agreement
Lands of Other Property Owners. If any part of Distribution Transmission Provider or Distribution Transmission Owner's Interconnection Facilities, Distribution Upgrades, Facilities and/or Network Upgrades is to be installed on property owned by persons other than Interconnection Customer or Distribution Transmission Provider or Distribution Transmission Owner, Distribution Transmission Provider or Distribution Transmission Owner shall at Interconnection Customer's expense use efforts, similar in nature and extent to those that it typically undertakes on its own behalf or on behalf of its Affiliates, including use of its eminent domain authority, and to the extent consistent with Federal or state law, as applicable, to procure from such persons any rights of use, licenses, rights of way and easements that are necessary to construct, operate, maintain, test, inspect, replace or remove Distribution Transmission Provider or Distribution Transmission Owner's Interconnection Facilities, Distribution Upgrades, Facilities and/or Network Upgrades upon such property.
Appears in 8 contracts
Lands of Other Property Owners. If any part of Distribution Provider or Distribution the Transmission Owner's Interconnection Facilities, Distribution Network Upgrades, and/or Network Distribution Upgrades is to be installed on property owned by persons other than Interconnection Customer or Distribution Provider or Distribution Transmission Owner, Distribution Provider or Distribution the Transmission Owner shall at Interconnection Customer's expense use efforts, similar in nature and extent to those that it typically undertakes on its own behalf or on behalf of its Affiliates, including use of its eminent domain authorityauthority to the extent permitted and consistent with Applicable Laws and Regulations and, and to the extent consistent with state lawsuch Applicable Laws and Regulations, to procure from such persons any rights of use, licenses, rights of way and easements that are necessary to construct, operate, maintain, test, inspect, replace or remove Distribution Provider or Distribution the Transmission Owner's Interconnection Facilities, Network Upgrades and/or Distribution Upgrades, and/or Network Upgrades upon such property.
Appears in 6 contracts
Samples: Large Generator Interconnection Agreement (ITC Holdings Corp.), Generator Interconnection Agreement, Generator Interconnection Agreement
Lands of Other Property Owners. If any part of Distribution Provider or Distribution Owner's Interconnection Facilities, Distribution Upgrades, and/or Network Upgrades is to be installed on property owned by persons other than Interconnection Customer or Distribution Provider or Distribution Owner, Distribution Provider or Distribution Owner shall at Interconnection Customer's expense use efforts, similar in nature and extent to those that it typically undertakes on its own behalf or on behalf of its Affiliates, including use of its eminent domain authority, and to the extent consistent with state law, to procure from such persons any rights of use, licenses, rights of way and easements that are necessary to construct, operate, maintain, test, inspect, replace or remove Distribution Provider or Distribution Owner's Interconnection Facilities, Distribution Upgrades, and/or Network Upgrades upon such property.property.
Appears in 2 contracts
Samples: Clustering Large Generator Interconnection, Generator Interconnection Agreement
Lands of Other Property Owners. If any part of Distribution Provider or Distribution Owner's Interconnection Facilities, Distribution Upgrades, and/or Network Upgrades is to be installed on property owned by persons other than Interconnection Customer or Distribution Provider or Distribution Owner, Distribution Provider or Distribution Owner shall at Interconnection Customer's expense use efforts, similar in nature and extent to those that it typically undertakes on its own behalf or on behalf of its Affiliates, including use of its eminent domain authority, and to the extent consistent with state law, to procure from such persons any rights of use, licenses, rights of way and easements that are necessary to construct, operate, maintain, test, inspect, replace or remove Distribution Provider or Distribution Owner's Interconnection Facilities, Distribution Upgrades, and/or Network Upgrades upon such property.property.
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