Common use of Performance of EPC Services Clause in Contracts

Performance of EPC Services. The Affected System Operator’s and Transmission Developer’s respective obligations to perform the EPC Services shall be set forth in Appendix A hereto. The Affected System Operator and Transmission Developer shall each use Reasonable Efforts to complete its respective EPC Services by the Milestone dates set forth in Appendix A hereto. The 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 the Affected System Operator or Transmission Developer reasonably expects that it will not be able to complete the EPC Services for which it is responsible by the specified dates, the Affected System Operator or Transmission Developer, as applicable, shall promptly provide written notice to the other Parties, 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.

Performance of EPC Services. ‌ The Affected System Operator’s and Transmission Developer’s respective obligations to perform the EPC Services shall be set forth in Appendix A hereto. The Affected System Operator and Transmission Developer shall each use Reasonable Efforts to complete its respective EPC Services by the Milestone dates set forth in Appendix A hereto. The 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 the Affected System Operator or Transmission Developer reasonably expects that it will not be able to complete the EPC Services for which it is responsible by the specified dates, the Affected System Operator or Transmission Developer, as applicable, shall promptly provide written notice to the other Parties, 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.