Common use of Performance of EPC Services Clause in Contracts

Performance of EPC Services. Affected System Operator shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Affected System Operator 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 Affected System Operator reasonably expects that it will not be able to complete the EPC Services by the specified dates, Affected System Operator shall promptly provide written notice to Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. Equipment Procurement Affected System Operator shall commence design of the Affected System Upgrade Facilities and procure necessary equipment as soon as practicable after it receives written authorization to proceed with design and procurement from the Developer by the date specified in Appendix A hereto, unless the Developer and the Affected System Operator otherwise agree in writing. Construction Commencement Affected System Operator shall commence construction of the Affected System Upgrade Facilities as soon as practicable after the following conditions are satisfied: Approval of the appropriate Governmental Authority has been obtained, to the extent required, for the construction of a discrete aspect of the Affected System Upgrade Facilities; Necessary real property rights and rights-of-way have been obtained, to the extent required, for the construction of a discrete aspect of the Affected System Upgrade Facilities; and The Affected System Operator has received from the Developer written authorization to proceed with construction in accordance with the Milestones set forth in Appendix A. Work Progress. Affected System Operator will keep the Developer and XXXXX advised periodically as to the progress of its respective design, procurement and construction efforts. Developer or NYISO may, at any time, request a progress report from the Affected System Operator.

Performance of EPC Services. Affected System Operator shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Affected System Operator 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 Affected System Operator reasonably expects that it will not be able to complete the EPC Services by the specified dates, Affected System Operator shall promptly provide written notice to Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. Equipment Procurement Affected System Operator shall commence design of the Affected System Upgrade Facilities and procure necessary equipment as soon as practicable after it receives written authorization to proceed with design and procurement from the Developer by the date specified in Appendix A hereto, unless the Developer and the Affected System Operator otherwise agree in writing. Construction Commencement Affected System Operator shall commence construction of the Affected System Upgrade Facilities as soon as practicable after the following conditions are satisfied: Approval of the appropriate Governmental Authority has been obtained, to the extent required, for the construction of a discrete aspect of the Affected System Upgrade Facilities; Necessary real property rights and rights-of-way have been obtained, to the extent required, for the construction of a discrete aspect of the Affected System Upgrade Facilities; and The Affected System Operator has received from the Developer written authorization to proceed with construction in accordance with the Milestones set forth in Appendix A. Work Progress. Affected System Operator will keep the Developer and XXXXX NYISO advised periodically as to the progress of its respective design, procurement and construction efforts. Developer or NYISO may, at any time, request a progress report from the Affected System Operator.

Performance of EPC Services. Affected System Operator ‌ Developer shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Affected System Operator Developer shall not be required to undertake any action which is inconsistent with its the Affected System Operator’s 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 Affected System Operator Developer reasonably expects that it will not be able to complete the EPC Services by the specified dates, Affected System Operator Developer shall promptly provide written notice to Developer the Affected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. Equipment Procurement Affected System Operator General Conditions Applicable to Developer’s Performance of the EPC Services.‌ Developer’s performance of the EPC Services are subject to the following conditions: Developer shall commence design of engineer, procure equipment, and construct the Affected System Upgrade Facilities (or portions thereof) using Good Utility Practice and procure necessary equipment as soon as practicable after it receives written authorization to proceed with design using standards and procurement from the Developer specifications provided in advance by the date specified in Appendix A hereto, unless the Developer and the Affected System Operator otherwise agree and National Grid as set forth in writing. Construction Commencement Affected System Operator shall commence Appendix A; Developer’s engineering, procurement and construction of the Affected System Upgrade Facilities as soon as practicable after shall comply with all requirements of law to which Affected System Operator and National Grid would be subject in the following conditions are satisfied: Approval of the appropriate Governmental Authority has been obtainedengineering, to the extent required, for the procurement or construction of a discrete aspect of the Affected System Upgrade Facilities; Necessary real property rights Affected System Operator and rights-of-way have been obtainedNational Grid shall review and approve the engineering design, to the extent requiredequipment acceptance tests, for and the construction of a discrete aspect of the Affected System Upgrade Facilities; Prior to commencement of construction, Developer shall provide Affected System Operator, National Grid, and The NYISO a schedule for construction of the Affected System Upgrade Facilities, and shall promptly respond to requests for information from Affected System Operator, National Grid, or NYISO; At any time during construction, Affected System Operator has received from and National Grid shall have the Developer written authorization right to proceed with gain unrestricted access to the Affected System Upgrade Facilities and to conduct inspections of the same; At any time during construction, should any phase of the engineering, equipment procurement, or construction in accordance with of the Milestones set forth in Appendix A. Work Progress. Affected System Upgrade Facilities not meet the standards and specifications provided by Affected System Operator will keep the and National Grid, Developer and XXXXX advised periodically as shall be obligated to the progress remedy deficiencies in that portion of its respective design, procurement and construction efforts. Developer or NYISO may, at any time, request a progress report from the Affected System Operator.Upgrade Facilities;

Performance of EPC Services. ‌ Affected System Operator shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Affected System Operator 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 Affected System Operator reasonably expects that it will not be able to complete the EPC Services by the specified dates, Affected System Operator shall promptly provide written notice to Developer and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. Equipment Procurement Procurement‌ Affected System Operator shall commence design of the Affected System Upgrade Facilities and procure necessary equipment as soon as practicable after it receives written authorization to proceed with design and procurement from the Developer by the date specified in Appendix A hereto, unless the Developer and the Affected System Operator otherwise agree in writing. Construction Commencement Commencement‌ Affected System Operator shall commence construction of the Affected System Upgrade Facilities as soon as practicable after the following conditions are satisfied: Approval of the appropriate Governmental Authority has been obtained, to the extent required, for the construction of a discrete aspect of the Affected System Upgrade Facilities; Necessary real property rights and rights-of-way have been obtained, to the extent required, for the construction of a discrete aspect of the Affected System Upgrade Facilities; and The Affected System Operator has received from the Developer written authorization to proceed with construction in accordance with the Milestones set forth in Appendix A. Work Progress. Progress.‌ Affected System Operator will keep the Developer and XXXXX NYISO advised periodically as to the progress of its respective design, procurement and construction efforts. Developer or NYISO may, at any time, request a progress report from the Affected System Operator.

Performance of EPC Services. Affected System Operator Developer shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Affected System Operator Developer shall not be required to undertake any action which is inconsistent with its the Affected System Operator’s 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 Affected System Operator Developer reasonably expects that it will not be able to complete the EPC Services by the specified dates, Affected System Operator Developer shall promptly provide written notice to Developer the Affected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. Equipment Procurement Affected System Operator General Conditions Applicable to Developer’s Performance of the EPC Services. Developer’s performance of the EPC Services are subject to the following conditions: Developer shall commence design of engineer, procure equipment, and construct the Affected System Upgrade Facilities (or portions thereof) using Good Utility Practice and procure necessary equipment as soon as practicable after it receives written authorization to proceed with design using standards and procurement from the Developer specifications provided in advance by the date specified in Appendix A hereto, unless the Developer and the Affected System Operator otherwise agree as set forth in writing. Construction Commencement Affected System Operator shall commence Appendix A; Developer’s engineering, procurement and construction of the Affected System Upgrade Facilities as soon as practicable after shall comply with all requirements of law to which Affected System Operator would be subject in the following conditions are satisfied: Approval of the appropriate Governmental Authority has been obtainedengineering, to the extent required, for the procurement or construction of a discrete aspect of the Affected System Upgrade Facilities; Necessary real property rights Affected System Operator shall review and rights-of-way have been obtainedapprove the engineering design, to the extent requiredequipment acceptance tests, for and the construction of a discrete aspect of the Affected System Upgrade Facilities; and The Prior to commencement of construction, Developer shall provide Affected System Operator has received and NYISO a schedule for construction of the Affected System Upgrade Facilities, and shall promptly respond to requests for information from Affected System Operator or NYISO; At any time during construction, Affected System Operator shall have the right to gain unrestricted access to the Affected System Upgrade Facilities and to conduct inspections of the same; At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Affected System Upgrade Facilities not meet the standards SERVICE AGREEMENT NO. 2794 and specifications provided by Affected System Operator, Developer written authorization shall be obligated to proceed with remedy deficiencies in that portion of the Affected System Upgrade Facilities; Developer shall indemnify Affected System Operator and NYISO for claims arising from Developer’s construction of Affected System Upgrade Facilities under procedures applicable to Article 13.1 Indemnity; Developer shall transfer control of Affected System Upgrade Facilities to Affected System Operator; Unless Developer and Affected System Operator otherwise agree, Developer shall transfer ownership of Affected System Upgrade Facilities to Affected System Operator; Affected System Operator shall approve and accept for operation and maintenance the Affected System Upgrade Facilities to the extent engineered, procured, and constructed in accordance with the Milestones set forth in Appendix A. Work Progress. this Article 3.2; and Developer shall deliver to NYISO and Affected System Operator will keep the Developer “as built” drawings, information, and XXXXX advised periodically as any other documents that are reasonably required by NYISO or Affected System Operator to the progress of its respective design, procurement and construction efforts. Developer or NYISO may, at any time, request a progress report from assure that the Affected System Upgrade Facilities are built to the standards and specifications required by Affected System Operator.. Developer shall pay the Affected System Operator the agreed upon amount of $

Performance of EPC Services. Affected System Operator Interconnection Customer shall perform the EPC Services, as set forth in Appendix A hereto, using Reasonable Efforts to complete the EPC Services by the Milestone dates set forth in Appendix A hereto. Affected System Operator Interconnection Customer shall not be required to undertake any action which is inconsistent with its the Affected System Operator’s 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 Affected System Operator Interconnection Customer reasonably expects that it will not be able to complete the EPC Services by the specified dates, Affected System Operator Interconnection Customer shall promptly provide written notice to Developer the Affected System Operator and NYISO, and shall undertake Reasonable Efforts to meet the earliest dates thereafter. The NYISO has no responsibility, and shall have no liability, for the performance of any of the EPC Services under this Agreement. Equipment Procurement Affected System Operator General Conditions Applicable to Interconnection Customer’s Performance of the EPC Services. Interconnection Customer’s performance of the EPC Services are subject to the following conditions: Interconnection Customer shall commence design of engineer, procure equipment, and construct the Affected System Upgrade Facilities (or portions thereof) using Good Utility Practice and procure necessary equipment as soon as practicable after it receives written authorization to proceed with design using standards and procurement from the Developer specifications provided in advance by the date specified in Appendix A hereto, unless the Developer and the Affected System Operator otherwise agree and National Grid as set forth in writing. Construction Commencement Affected System Operator shall commence Appendix A; Interconnection Customer’s engineering, procurement and construction of the Affected System Upgrade Facilities as soon as practicable after shall comply with all requirements of law to which SERVICE AGREEMENT NO. 2764 Affected System Operator and National Grid would be subject in the following conditions are satisfied: Approval of the appropriate Governmental Authority has been obtainedengineering, to the extent required, for the procurement or construction of a discrete aspect of the Affected System Upgrade Facilities; Necessary real property rights Affected System Operator and rights-of-way have been obtainedNational Grid shall review and approve the engineering design, to the extent requiredequipment acceptance tests, for and the construction of a discrete aspect of the Affected System Upgrade Facilities; Prior to commencement of construction, Interconnection Customer shall provide Affected System Operator, National Grid, and The NYISO a schedule for construction of the Affected System Upgrade Facilities, and shall promptly respond to requests for information from Affected System Operator, National Grid, or NYISO; At any time during construction, Affected System Operator has received shall have the right to gain unrestricted access to the Affected System Upgrade Facilities and to conduct inspections of the same; At any time during construction, should any phase of the engineering, equipment procurement, or construction of the Affected System Upgrade Facilities not meet the standards and specifications provided by Affected System Operator and National Grid, Interconnection Customer shall be obligated to remedy deficiencies in that portion of the Affected System Upgrade Facilities; Interconnection Customer shall indemnify Affected System Operator, National Grid, and NYISO for claims arising from the Developer written authorization Interconnection Customer’s construction of Affected System Upgrade Facilities under procedures applicable to proceed with construction Article 13.1 Indemnity; Interconnection Customer shall transfer control of Affected System Upgrade Facilities to Affected System Operator; Unless the Interconnection Customer and Affected System Operator otherwise agree, Interconnection Customer shall transfer ownership of Affected System Upgrade Facilities to Affected System Operator; Affected System Operator and National Grid shall approve, and Affected System Operator shall accept for operation and maintenance, the Affected System Upgrade Facilities to the extent engineered, procured, and constructed in accordance with this Article 3.2; and Interconnection Customer shall deliver to NYISO and Affected System Operator “as built” drawings, information, and any other documents that are reasonably required by NYISO or Affected System Operator to assure that the Milestones set forth in Appendix A. Work ProgressAffected System Upgrade Facilities are built to the standards and specifications required by Affected System Operator. Interconnection Customer shall pay the Affected System Operator the agreed upon amount of [$961,207] for the Affected System Operator to execute the responsibilities enumerated to Affected System Operator under Article 3.2. Affected System Operator will keep the Developer and XXXXX advised periodically as shall SERVICE AGREEMENT NO. 2764 invoice Interconnection Customer for this total amount to the progress of its respective design, procurement and construction efforts. Developer or NYISO may, at any time, request be divided on a progress report from the Affected System Operatormonthly basis pursuant to Article 8.