Nonconforming Provisions and Schedule of Charges Sample Clauses

Nonconforming Provisions and Schedule of Charges. As noted above, the PA Solar ISA contains provisions that do not conform to the ISA Form. First, section 12.0 states as follows: The results of the System Impact Study indicate that, for the safety or reliability of the Transmission System, (i) the existing 10 MW portion of the Customer Facility shall retain its existing ability to maintain a power factor of at least 0.95 leading to 0.95 lagging measured at the Point of Interconnection and (ii) the increase of 10 MW to the Customer Facility associated with this ISA shall be designed with the ability to maintain a power factor of at least 1.0 (unity) to 0.95 lagging measured at the Point of Interconnection. While this provision contains the correct power factor requirements in effect as of the effective date of the PA Solar ISA for increases in capacity, the language used in the PA Solar ISA is not the exact language set forth in the ISA Form; therefore, it is technically nonconforming. This is because while the ISA Form contains a number of different provisions that apply when there has been an increase in capacity based on an Interconnection Request’s queue dates, there is no specific provision in the ISA Form that addresses the situation where the queue date for the initial Interconnection Request is prior to May 1, 2015, and the queue date of the Interconnection Request for the increase in Xxxxxxxx X. Xxxx, Secretary March 25, 2019 capacity is after May 1, 2015. 10 However, the power factor requirements set forth in section 12.0 of the PA Solar ISA reflect the correct applicable Tariff power factor requirements, specifically: (i) the existing 10 MW portion of the Customer Facility shall retain its existing ability to maintain a power factor of at least 0.95 leading to 0.95 lagging measured at the Point of Interconnection; and (ii) the increase of 10 MW associated with the PA Solar ISA shall be designed with the ability to maintain a power factor of at least 1.0 (unity) to 0.95 lagging measured at the Point of Interconnection. In addition, the power factor requirements specified for the existing 10 MW of capacity associated with Queue No. U4-014 are consistent with those specified in section 12.0 of the 2010 ISA. Accordingly, the Commission should accept the language set forth in section 12.0 of the PA Solar ISA. Second, Specifications section 2.1 indicates that the Interconnection Customer will have 7.6 MW of Capacity Interconnection Rights, consisting of 3.8 MW of Capacity Interconnection Rights previo...
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Nonconforming Provisions and Schedule of Charges. A. Nonconforming Provisions in the Allegheny Agreements Schedule F of the Allegheny ISA and Schedule M of the Allegheny ICSA contain largely identical nonconforming provisions. Specifically, Schedule F of the Allegheny ISA states: Interconnection Customer, Interconnected Transmission Owner and Transmission Provider acknowledge that in the event that baseline project b3006 (Yukon substation upgrade) is completed prior to the Customer Facility achieving commercial operation as described in Section 6.3 of this 7 The Allegheny ISA also contains Appendices 1 and 2. Appendix 1 contains all of the definitions from section 1 of the Tariff. Appendix 2 contains all of the standard terms and conditions that are set forth in the ISA Form. The appendices attached to the Allegheny ISA were compiled from the version of the Tariff in effect as of the date of this filing. Similarly, Appendix 1 to the Allegheny ICSA contains all of the definitions from section 1 of the Tariff, and Appendix 2 contains all of the standard terms and conditions that are set forth in Tariff, Attachment P, and were compiled from the version of the Tariff in effect as of the date of this filing. Xxxxxxxx X. Xxxx, Secretary February 14, 2020 ISA, the following Network Upgrades identified in Specifications section 3.0b of this ISA may no longer be required for the interconnection of the Customer Facility. • Yukon Substation - Replace five (5) overdutied 138 kV circuit breakers with 80 kA symmetrical circuit breakers; o Replace 138 kV Y-1 circuit breaker PJM Network Upgrade Number N1364 o Replace 138 kV Y-3 circuit breaker PJM Network Upgrade Number N1365 o Replace 138 kV Y-7 circuit breaker PJM Network Upgrade Number N1373 o Replace 138 kV capacitor circuit breaker PJM Network Upgrade Number N1380 o Replace 138 kV Y-6 circuit breaker PJM Network Upgrade Number N1381 If the above listed Network Upgrades are no longer required, Transmission Provider shall initiate a scope change process in accordance with PJM Manual 14C and upon completion of the scope change process, Interconnection Customer will be relieved of any cost responsibility for such Network Upgrades, and Security will be adjusted in accordance with section 11.2.1 of Appendix 2 to this ISA. Schedule M of the Allegheny ICSA has virtually identical language, with some minor changes to reflect the fact that the language is set forth in an ICSA rather an ISA.8 The Commission should accept these provisions. The nonconforming language states that...
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Nonconforming Provisions and Schedule of Charges. As mentioned above, the Fort Powhatan ISA contains terms and conditions that do not conform to the ISA Form. Specifically, section 2.1 of the Specifications provides for 56 MW of Capacity Interconnection Rights on an interim basis during the time period from July 10, 2017, to May 31, 2019 (the “interim time period”). Any interim Capacity Interconnection Rights awarded during the interim time period will be dependent upon the completion and results of an interim deliverability study. Id., Specifications § 2.1. Such interim Capacity Interconnection Rights shall terminate on May 31, 2019. Id. The Commission previously has accepted for filing agreements with similar non-standard language.6
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Nonconforming Provisions and Schedule of Charges. A. Nonconforming provisions As noted above, the Orrtanna ISA contains provisions that do not conform to the ISA Form. Specifically, in the Appendices and Schedules cover sheet, and in Schedule J, the name of the Schedule J Service “Schedule of Terms And Conditions for Surplus Interconnection Service” has been replaced with “[Reserved].” This is because this service is not currently offered under the Tariff. The use of this nonconforming language adds clarity, does not affect the rights or obligations of any Party to this agreement, and will not affect reliability.
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Nonconforming Provisions and Schedule of Charges. As noted above, Third Revised Service Agreement No. 3669 contains a number of provisions that do not conform to the ISA Form. First, section 4.0 of Third Revised Service Agreement No. 3669 states that the ISA will become effective “August 29, 2016, or, if the agreement is filed with FERC unexecuted, upon the date specified by FERC.” This language is nonconforming because section 4.0 of the ISA Form states that an ISA will become effective “on the date it is executed by all Interconnection Parties.”17 The non-conforming language in section 4.0 is necessary because it permits Third Revised Service Agreement No. 3669 to become the same date as Second Revised Service Agreement No. 3669, which is consistent with the parties’ desire to have the reductions in Maximum Facilities Output and the interim Capacity Interconnection Rights become effective as of the same date as the effective date of the Second Revised Service Agreement No. 3669. This is especially important with respect to the changed interim Capacity Interconnection Rights, as this effective date recognizes the deliverability and operational limitations of these Capacity Interconnection Rights. This effective date also will allow the parties to retain other aspects of Second Revised Service Agreement No.
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Nonconforming Provisions and Schedule of Charges. As noted above, First Revised Service Agreement No. 4592 contains provisions that do not conform to the ISA Form. Specifically, section 12.0 contains language stating: “[t]he existing Interconnection Customer’s Customer Facility shall follow the requirements as specified in Schedule F of this ISA.” This provision is non-conforming because it refers to Schedule F, rather than using conforming language to specify the power factor requirement for the existing portion of the plant. However, section 12.0 of Original Agreement No. 4592, which the Commission accepted in the Docket No. ER18-2192 Order, contained similar language indicating that the power factor for this capacity is set forth in Schedule F. The Commission also has Xxxxxxxx X. Xxxx, Secretary November 20, 2018 accepted other ISAs with similar provisions, and should accept the use of such language here.10 As specified in Section 12.0, Schedule F contains nonconforming power factor requirements applicable to the existing 1300 MW of the Customer Facility that establish different power factors for the high-pressure and low-pressure generating units at the Customer Facility. Schedule F also includes language referencing contractual arrangements related to a prior transfer of the Customer Facility. This nonconforming language is identical to that contained in Original Service Agreement No. 4592 and is needed to address the unique nature of this interconnection. Schedule F indicates that on August 21, 2014, the affiliates of the Interconnected Transmission Owner and the Interconnection Customer entered into a Purchase and Sale Agreement (“August 21 Agreement”). Section 6.20 of the August 21 Agreement sets forth the parties’ agreement that certain activities involving separation of transmission assets from generation assets located at the Xxxxxx Station would occur after the transfer of the generation assets. In order to ensure compliance with section 6.20, the Interconnection Customer and the Interconnected Transmission Owner agreed to include language in Schedule F to preserve the terms of the August 21 Agreement clarifying that “nothing in [this ISA] . . . shall modify 10 See PJM Interconnection, L.L.C., Letter Order, Docket No. ER17-2157-000 (Sept. 14, 2017); PJM Interconnection, L.L.C., Letter Order, Docket No. ER15-1292-000 (Apr. 29, 2015). Xxxxxxxx X. Xxxx, Secretary November 20, 2018 any terms of the [August 21 Power Purchase] Agreement including section 6.20 and the related Schedule 6.20 of the Agr...
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Nonconforming Provisions and Schedule of Charges. A. Nonconforming provisions As noted above, the Shawville ISA contains provisions that do not conform to the ISA Form. Specifically, Specifications section 2.1 indicates that the Interconnection Customer will have 123 MW of Capacity Interconnection Rights for Unit 1, 125 MW of Capacity Interconnection rights for Unit 2, 175 MW of Capacity Interconnection Rights for Unit 3, and 175 MW of Capacity Interconnection Rights for Unit 4, commencing 7 The Shawville ISA also contains Appendices 1 and 2. Appendix 1 contains the definitions from section 1 of the Tariff. Appendix 2 contains the standard terms and conditions that are set forth in the ISA Form. The appendices attached to the Shawville ISA were compiled from a version of the Tariff in effect as of the ISA’s effective date. Xxxxxxxx X. Xxxx, Secretary July 30, 2020 June 1, 2023. This consists of 122 MW of Capacity Interconnection Rights previously awarded to Unit 1, 125 MW of Capacity Interconnection Rights previously awarded to Unit 2, 172 MW of Capacity Interconnection Rights previously awarded to Unit 3, and 171 MW of Capacity Interconnection Rights previously awarded to Unit 4, as well as 1 MW of Capacity Interconnection Rights for Unit 1, 3 MW of Capacity Interconnection Rights for Unit 3, and 4 MW of Capacity Interconnection Rights for Unit 4 that will be available on an interim basis from the ISA’s June 30, 2020 effective date through May 31, 2023. The availability and amount of any interim Capacity Interconnection Rights awarded during the interim period will be dependent upon the completion and results of an interim deliverability study. These non-standard terms and conditions are necessary to clarify the conditions pursuant to which interim Capacity Interconnection Rights may be granted. The Commission has previously accepted for filing agreements with similar nonconforming language, and should do the same here.8 Also, in the Appendices and Schedules cover sheet, and in Schedule J, the name of the Schedule J Service “Schedule of Terms And Conditions for Surplus Interconnection Service” has been replaced with “[Reserved].” This is because this service is not currently offered under the Tariff. The use of this nonconforming language adds clarity, does not affect the rights or obligations of any Party to this agreement, and will not affect reliability. 8 PJM Interconnection, L.L.C., Letter Order, Second Revised Interconnection Service Agreement, Docket No. ER20-1379-000 (May 12, 2020); PJM Interconn...
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Nonconforming Provisions and Schedule of Charges. As noted above, First Revised Service Agreement No. 3903 contains provisions that do not conform to ISA Form. First, section 12.0 provides a single power factor for the Smithton Generating Station that states: The Interconnection Customer shall design its Customer Facility with the ability to maintain a power factor of at least 0.95 leading to 0.90 lagging measured at the generator’s terminals. This power factor requirement may be considered nonconforming because it specifies a single power factor for both the originally requested capacity (PJM Queue # T174) and for the subsequent requested uprate (PJM Queue #AB1-106). Ordinarily when there is an Xxxxxxxx X. Xxxx, Secretary August 4, 2017 increase in capacity of 20 MW or less to a synchronous generation facility, the ISA Form requires that increase in capacity to the Customer be designed with the ability to maintain a power factor of at least 1.0 (unity) to 0.90 lagging measured at the Point of Interconnection. See ISA Form, Appendix 2, section 4.7.1.2; see also ISA Form, section
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Nonconforming Provisions and Schedule of Charges 
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Related to Nonconforming Provisions and Schedule of Charges

  • Priority of agreements, clauses and schedules 1.4.1 This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order:

  • Definitions and Schedules Section 1.01.

  • Incorporation of Exhibits, Annexes, and Schedules The Exhibits, Annexes, and Schedules identified in this Agreement are incorporated herein by reference and made a part hereof.

  • LIST OF SCHEDULES AND EXHIBITS SCHEDULES SCHEDULE 1.1(A) - PRICING GRID SCHEDULE 1.1(B) - COMMITMENTS OF LENDERS AND ADDRESSES FOR NOTICES SCHEDULE 1.1(P) - PERMITTED LIENS SCHEDULE 2.9.1 - EXISTING LETTERS OF CREDIT SCHEDULE 5.1.3 - SUBSIDIARIES SCHEDULE 5.1.13 - CONSENTS AND APPROVALS SCHEDULE 5.1.15 - PATENTS TRADEMARKS AND COPYRIGHTS SCHEDULE 5.1.24 - ENVIRONMENTAL MATTERS SCHEDULE 7.1.3 - INSURANCE REQUIREMENTS SCHEDULE 7.1.13 - REAL PROPERTY TO BE MORTGAGED POST CLOSING SCHEDULE 7.2.1 - PERMITTED INDEBTEDNESS EXHIBITS EXHIBIT 1.1(A) - ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBIT 1.1(G)(1) - GUARANTOR JOINDER EXHIBIT 1.1(G)(2) - GUARANTY AGREEMENT EXHIBIT 1.1(G)(3) - PARENT GUARANTY AGREEMENT EXHIBIT 1.1(I)(1) - INDEMNITY EXHIBIT 1.1(I)(2) - INTERCOMPANY SUBORDINATION AGREEMENT EXHIBIT 1.1(M) - MORTGAGE AGREEMENT EXHIBIT1.1(P)(2) - PLEDGE AGREEMENT EXHIBIT 1.1(R) - NOTE EXHIBIT 1.1(S)(1) - SECURITY AGREEMENT EXHIBIT 1.1(S)(2) - SWING LOAN NOTE EXHIBIT 2.4 - SWING LOAN REQUEST EXHIBIT 2.5 - LOAN REQUEST EXHIBIT 2.10(A) - COMMITMENT INCREASE AGREEMENT EXHIBIT 2.10(B) - LENDER JOINDER AND ASSUMPTION AGREEMENT EXHIBIT 6.1.4(A) - OPINION OF COUNSEL EXHIBIT 6.1.4(B) - OPINION OF IN-HOUSE COUNSEL EXHIBIT 7.2.6 - ACQUISITION COMPLIANCE CERTIFICATE EXHIBIT 7.3.3 - QUARTERLY COMPLIANCE CERTIFICATE AMENDED AND RESTATED CREDIT AGREEMENT THIS AMENDED AND RESTATED CREDIT AGREEMENT is dated as of August 5, 2008 and is made by and among PVR XXXXX LLC, a Delaware limited liability company (the “Borrower”), EACH OF THE GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and BANK OF AMERICA, NA, BNP PARIBAS and WACHOVIA BANK, NATIONAL ASSOCIATION, each in its capacity as a documentation agent, BRANCH BANKING AND TRUST COMPANY, SOCIÉTÉ GÉNÉRALE and UNION BANK OF CALIFORNIA, N.A., each in its capacity as a senior managing agent, and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Agent”).

  • LIST OF EXHIBITS AND SCHEDULES Exhibit A Form of Convertible Promissory Note Exhibit B Form of Series A Warrants Exhibit C Form of Escrow Agreement Exhibit D Form of Legal Opinion Schedule 1 List of Subscribers Schedule 5(a) Subsidiaries Schedule 5(d) Capitalization and Additional Issuances Schedule 5(f) Violations and Conflicts Schedule 5(o) Undisclosed Liabilities Schedule 5(w) Transfer Agent Schedule 9(e) Use of Proceeds Schedule 9(l) Intellectual Property Schedule 12(a) Excepted Issuances Exhibit A NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR (B) AN OPINION OF COUNSEL (WHICH COUNSEL SHALL BE SELECTED BY THE HOLDER, AT THE COMPANY’S EXPENSE), IN A GENERALLY ACCEPTABLE FORM, THAT REGISTRATION IS NOT REQUIRED UNDER SAID ACT OR (II) UNLESS SOLD PURSUANT TO RULE 144 OR RULE 144A UNDER SAID ACT. NOTWITHSTANDING THE FOREGOING, THE SECURITIES MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT OR OTHER LOAN OR FINANCING ARRANGEMENT SECURED BY THE SECURITIES. Principal Amount: $___________ Issue Date: August __, 2011 CONVERTIBLE PROMISSORY NOTE FOR VALUE RECEIVED, WIZARD WORLD, INC., a Delaware corporation (hereinafter called “Borrower”), hereby promises to pay to the order of [Holder’s name], with an address at [Holder’s _______________________Address], without demand, the sum of up to _______ Dollars ($___) (“Principal Amount”), with interest accruing thereon, on December __, 2011 (the “Maturity Date”), if not sooner paid or modified as permitted herein. This Convertible Promissory Note (the “Note”) has been entered into pursuant to the terms of a subscription agreement by and among the Borrower, the Holder and certain other holders (the “Other Holders”) of convertible promissory notes (the “Other Notes”), dated of even date herewith (the “Subscription Agreement”), for an aggregate Principal Amount of up to $455,000. Unless otherwise separately defined herein, each capitalized term used in this Note shall have the same meaning as set forth in the Subscription Agreement. The following terms shall apply to this Note:

  • Clauses and Schedules Any reference in this Agreement to a Clause or a sub-clause or a Schedule is, unless otherwise stated, to a clause or a sub-clause hereof or a schedule hereto.

  • GEOGRAPHIC AREA AND SECTOR SPECIFIC ALLOWANCES, CONDITIONS AND EXCEPTIONS The following allowances and conditions shall apply where relevant: Where the company does work which falls under the following headings, the company agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Headings and Schedules Headings used herein are not a part of this Agreement and shall not affect the terms hereof. The attached Schedules are a part of this Agreement.

  • Incorporation of Exhibits and Schedules The Exhibits and Schedules identified in this Agreement are incorporated herein by reference and made a part hereof.

  • Annexes, Appendices and Footnotes The annexes, appendices and footnotes to this Agreement constitute an integral part of this Agreement.

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