Common use of Lands of Other Property Owners Clause in Contracts

Lands of Other Property Owners. ‌ If any part of the Affected System Upgrade Facilities is to be installed on property owned by persons other than Developer or Affected Transmission Owner, the Affected Transmission Owner 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 perform the EPC Services upon such property, including to construct, repair, test (or witness testing), inspect, replace or remove the Affected System Upgrade Facilities.

Appears in 6 contracts

Samples: , and Construction Agreement, , and Construction Agreement, , and Construction Agreement

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Lands of Other Property Owners. If any part of the Affected System Upgrade Facilities is to be installed on property owned by persons other than Transmission Developer or Affected Transmission OwnerSystem Operator, the Affected Transmission Owner System Operator shall at Transmission Developer’s expense use efforts, similar in nature and extent to those that it typically undertakes for its own or affiliated generationitself, 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 perform the EPC Services upon such property, including to construct, repair, test (or witness testing), inspect, replace or remove the Affected System Upgrade Facilities.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, And Maintenance Agreement

Lands of Other Property Owners. ‌ If any part of the Affected System Upgrade Facilities is to be installed on property owned by persons other than Transmission Developer or Affected Transmission OwnerSystem Operator, the Affected Transmission Owner System Operator shall at Transmission Developer’s expense use efforts, similar in nature and extent to those that it typically undertakes for its own or affiliated generationitself, 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 perform the EPC Services upon such property, including to construct, repair, test (or witness testing), inspect, replace or remove the Affected System Upgrade Facilities.

Appears in 2 contracts

Samples: Service Agreement, And Maintenance Agreement

Lands of Other Property Owners. If any part of the Affected System Upgrade Facilities is to be installed on property owned by persons other than Transmission Developer or Affected Transmission OwnerSystem Operator, the Affected Transmission Owner System Operator shall at Transmission 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 perform the EPC Services upon such property, including to construct, repair, test (or witness testing), inspect, replace or remove the Affected System Upgrade Facilities.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Lands of Other Property Owners. If any part of the Affected System Upgrade Facilities is to will be installed on property owned by persons other than Developer or the Affected Transmission OwnerSystem Operator, the Affected Transmission Owner System Operator shall at DeveloperInterconnection Customer’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 perform the EPC Services upon such property, including to construct, repair, test (or witness testing), inspect, replace or remove the Affected System Upgrade Facilities.

Appears in 1 contract

Samples: Service Agreement

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Lands of Other Property Owners. ‌ If any part of the Affected System Upgrade Facilities is to be installed on property owned by persons other than Transmission Developer or Affected Transmission OwnerSystem Operator, the Affected Transmission Owner System Operator shall at Transmission 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 perform the EPC Services upon such property, including to construct, repair, test (or witness testing), inspect, replace or remove the Affected System Upgrade Facilities.

Appears in 1 contract

Samples: , and Construction Agreement

Lands of Other Property Owners. If any part of the Affected System Upgrade Facilities is to be installed on property owned by persons other than Developer or Affected Transmission Owner, the Affected Transmission Owner 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 perform the EPC Services upon such property, including to construct, repair, test (or witness testing), inspect, replace or remove the Affected System Upgrade Facilities.

Appears in 1 contract

Samples: , and Construction Agreement

Lands of Other Property Owners. If any part of the Affected Common System Upgrade Facilities is to be installed on property owned by persons other than Developer the Developers or the Affected Transmission Owner, the Affected Transmission Owner shall at Developer’s Developers’ expense use efforts, similar in nature and extent to those that it typically undertakes for its own or affiliated generationitself, 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 perform the EPC Services upon such property, including to construct, repair, test (or witness testing), inspect, replace or remove the Affected Common System Upgrade Facilities.Facilities.‌

Appears in 1 contract

Samples: Service Agreement

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