Common use of Necessary Upgrades Clause in Contracts

Necessary Upgrades. Transmission Owner shall design, procure, and construct the Necessary Upgrades, as identified in Appendix B, at MHVDC Connection Customer’s sole expense. Transmission Owner will utilize efforts that are consistent with Good Utility Practice to place such facilities in service by the dates set forth in Appendix C. Transmission Owner shall not be required to undertake any action which is inconsistent with 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 Transmission Owner expects that it will not be able to complete the Necessary Upgrades by the specified dates in Appendix C, Transmission Owner shall promptly provide written notice to MHVDC Connection Customer, identify revised target in-service dates for such facilities, and shall undertake efforts consistent with Good Utility Practice to meet the revised dates. If, at any time, MHVDC Connection Customer determines that the completion of the Necessary Upgrades will not be required until after the Commercial Operation Date, MHVDC Connection Customer will provide written notice to Transmission Owner of such later date upon which the completion of the Necessary Upgrades will be required.

Necessary Upgrades. Transmission Owner shall design, procure, and construct the Necessary Upgrades, as identified in Appendix BC, at MHVDC Connection Customer’s sole expense. Transmission Owner will utilize efforts that are consistent with Good Utility Practice to place such facilities in service by the dates set forth in Appendix C. Transmission Owner shall not be required to undertake any action which is inconsistent with 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 Transmission Owner expects that it will not be able to complete the Necessary Upgrades by the specified dates in Appendix C, Transmission Owner shall promptly provide written notice to MHVDC Connection Customer, identify revised target in-service dates for such facilities, and shall undertake efforts consistent with Good Utility Practice to meet the revised dates. If, at any time, MHVDC Connection Customer determines that the completion of the Necessary Upgrades will not be required until after the Commercial Operation Date, MHVDC Connection Customer will provide written notice to Transmission Owner of such later date upon which the completion of the Necessary Upgrades will be required.