Common use of Option to Build Clause in Contracts

Option to Build. 3.2.3.1 Option: Interconnection Customer shall have the option, (“Option to Build”) to assume responsibility for the design, procurement, and construction of Transmission Owner Interconnection Facilities that are Transmission Owner Attachment Facilities and Direct Connection Network Upgrades on the dates specified in Schedule J (Schedule of Work) of this Agreement. Transmission Provider and Interconnection Customer must agree as to what constitutes Direct Connection Network Upgrades and identify such Direct Connection Network Upgrades in Schedule D (Option to Build) of this Agreement. If the Transmission Provider and Interconnection Customer disagree about whether a particular Network Upgrade is a Direct Connection Network Upgrade, the Transmission Provider must provide the Interconnection Customer with a written technical explanation outlining why the Transmission Provider does not consider the Network Upgrade to be a Direct Connection Network Upgrade within fifteen (15) days of its determination. Except for Direct Connection Network Upgrades, Interconnection Customer shall have no right to construct Network Upgrades under this option. In order to exercise this Option to Build, Interconnection Customer must provide Transmission Provider and the Interconnected Transmission Owner with written notice of Interconnection Customer’s election to exercise the option no later than thirty (30) days from the date the Interconnection Customer receives the results of the Facilities Study (or, if no Facilities Study was required, completion of the System Impact Study). Interconnection Customer may not elect Option to Build after such date.