Common use of NETWORK UPGRADE FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION Clause in Contracts

NETWORK UPGRADE FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION. 5.1 Network Upgrade Facilities Unless otherwise mutually agreed to by Transmission Developer and Connecting Transmission Owner, Transmission Developer shall select the In-Service Date and Initial Synchronization Date of the Network Upgrade Facilities, and such dates shall be set forth in Appendix B hereto. The Transmission Developer shall design, procure, construct, and install the Network Upgrade Facilities as described in Appendix A hereto, using Reasonable Efforts to complete them by the dates set forth in Appendix B hereto. The Connecting 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 the Transmission Developer reasonably expects that it will not be able to complete the Network Upgrade Facilities by the specified dates, the Transmission Developer shall promptly provide written notice to the Connecting Transmission Owner and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter.

NETWORK UPGRADE FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION. 5.1 Network Upgrade Facilities Unless otherwise mutually agreed to by Transmission Developer and Connecting Transmission Owner, Transmission Developer shall select the In-Service Date and Initial Synchronization Date of the Network Upgrade Facilities, and such dates shall be set forth in Appendix B hereto. The Connecting Transmission Developer shall Owner’s and Transmission Developer’s respective obligations to design, procure, construct, install, and install own the Network Upgrade Facilities as described shall be set forth in Appendix A hereto, using . The Connecting Transmission Owner and Transmission Developer shall each use Reasonable Efforts to complete them the Network Upgrade Facilities for which it has construction responsibility by the dates set forth in Appendix B hereto. The Connecting 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 the Connecting Transmission Developer Owner reasonably expects that it will not be able to complete the Network Upgrade Facilities for which it has construction responsibility by the specified dates, the Connecting Transmission Developer Owner shall promptly provide written notice to the Connecting Transmission Owner Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter.

NETWORK UPGRADE FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION. 5.1 Network Upgrade Facilities Unless otherwise mutually agreed to by Transmission Developer and Connecting Transmission Owner, Transmission Developer shall select the In-Service Date Date(s) and Initial Synchronization Date Date(s) of the Network Upgrade Facilities, and such dates shall be set forth in Appendix B hereto. The Connecting Transmission Developer shall Owner’s obligation to design, procure, construct, install, and install own the Network Upgrade Facilities as described shall be set forth in Appendix A hereto, using . The Connecting Transmission Owner shall use Reasonable Efforts to complete them the Network Upgrade Facilities by the dates set forth in Appendix B hereto. The Connecting 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 the Connecting Transmission Developer Owner reasonably expects that it will not be able to complete the Network Upgrade Facilities by the specified dates, the Connecting Transmission Developer Owner shall promptly provide written notice to the Connecting Transmission Owner Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter.

NETWORK UPGRADE FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION. 5.1 Network Upgrade Facilities Unless otherwise mutually agreed to by Transmission Developer and Connecting Transmission Owner, Transmission Developer shall select the In-Service Date and Initial Synchronization Date of the Network Upgrade Facilities, and such dates shall be set forth in Appendix B hereto. The Transmission Developer shall design, procure, construct, and install the Network Upgrade Facilities as described in Appendix A hereto, using Reasonable Efforts to complete them the Network Upgrade Facilities by the dates set forth in Appendix B hereto. The Connecting 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 the Transmission Developer reasonably expects that it will not be able to complete the Network Upgrade Facilities by the specified dates, the Transmission Developer shall promptly provide written notice to the Connecting Transmission Owner and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter.