Common use of Lands of Other Property Owners Clause in Contracts

Lands of Other Property Owners. If any part of the Transmission Owner’s Attachment Facilities and/or System Upgrade Facilities is to be installed on property owned by persons other than Developer or Transmission Owner, the Transmission Owner agrees , to the extent consistent with applicable law, at Developer’s expense use efforts, similar in nature and extent to those that it typically undertakes for its own or affiliated generation, 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 the Transmission Owner’s Attachment Facilities and/or System Upgrade Facilities upon such property. Notwithstanding the previous sentence, the Transmission Owner's exercise of powers and rights to acquire real property or any rights in real property, pursuant to this section 5.13, is subject to the provisions of the Power Authority Act (or any amendments thereto).

Lands of Other Property Owners. If any part of the Transmission Owner’s Attachment Facilities and/or System Upgrade Facilities is to be installed on property owned by persons other than Developer or Transmission Owner, the Transmission Owner agrees , to the extent consistent with applicable law, at Developer’s expense use efforts, similar in nature and extent to those that it typically undertakes for its own or affiliated generation, 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 the the‌ Transmission Owner’s Attachment Facilities and/or System Upgrade Facilities upon such property. Notwithstanding the previous sentence, the Transmission Owner's exercise of powers and rights to acquire real property or any rights in real property, pursuant to this section 5.13, is subject to the provisions of the Power Authority Act (or any amendments thereto).

Lands of Other Property Owners. If any part of the Transmission Owner’s Attachment Facilities and/or System Upgrade Facilities is to be installed on property owned by persons other than Developer or Transmission Owner, the Transmission Owner agrees , ,‌ to the extent consistent with applicable law, at Developer’s expense use efforts, similar in nature and extent to those that it typically undertakes for its own or affiliated generation, 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 the Transmission Owner’s Attachment Facilities and/or System Upgrade Facilities upon such property. Notwithstanding the previous sentence, the Transmission Owner's exercise of powers and rights to acquire real property or any rights in real property, pursuant to this section 5.13, is subject to the provisions of the Power Authority Act (or any amendments thereto).

Lands of Other Property Owners. If any part of the Connecting Transmission Owner’s Attachment Facilities and/or System Upgrade Facilities and/or System Deliverability Upgrades is to be installed on property owned by persons other than Developer or Connecting Transmission Owner, the Connecting Transmission Owner agrees , to the extent consistent with applicable law, shall at Developer’s expense use efforts, similar in nature and extent to those that it typically undertakes for its own or affiliated generation, 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 the Connecting Transmission Owner’s Attachment Facilities and/or System Upgrade Facilities and/or System Deliverability Upgrades upon such property. Notwithstanding the previous sentence, the Connecting Transmission Owner's ’s exercise of powers and rights to acquire real property or any rights in real property, pursuant to this section Section 5.13, is subject to the provisions of the Power Authority Act (or any amendments thereto).