Common use of Reclosing Clause in Contracts

Reclosing. Generator acknowledges that following an electric disturbance, certain equipment at the Afton Switching Station may reclose in accordance with Good Utility Practice. The Operating Agent will provide Generator notice, as far in advance of implementation as is reasonably practical, of the reclosing practices of the EPE Interconnection Facilities including the Afton Switching Station. The Operating Agent shall provide Generator all data needed to study the effect of proposed changes to such reclosing practices and allow a reasonable time period, not to exceed 120 calendar days, for modification of Generator's Protective Equipment if necessary. To the extent practicable, Operating Agent will cooperate with Generator to establish or modify the reclosing angle settings of the Operating Agent's reclosing operations to minimize the impact such operations will have on the Afton Switching Station, the EPE Transmission System and the Facility. Generator shall have sole responsibility for protecting the Facility, Generator's Interconnection Facilities and related equipment from any damage resulting from such reclosure. To the extent not prohibited by Applicable Laws and Regulations, Generator hereby indemnifies and agrees to hold harmless EPE, the Operating Agent, and their Agents for, against and from any and all losses, damages, costs and expenses caused by, resulting from or arising out of (a) any damage to the Facility, Generator's Interconnection Facilities or related equipment to the extent caused by, resulting from, or arising out of any such reclosure and (b) death of or injury to any -------------------------------------------------------------------------------- Interconnection Agreement between -30- EXECUTION VERSION El Paso Electric Company and Public Service Company of New Mexico person to the extent caused by, resulting from, or arising out of any impact or effect of such reclosure upon the Facility, Generator's Interconnection Facilities, and/or any related equipment. If, for any reason, the Facility is disconnected from the EPE Transmission System at the Afton Switching Station (by electric disturbance, line switching, or otherwise), Operating Agent shall cause the switching device connecting the Facility to the EPE Transmission System at the Afton Switching Station to become and remain open and not reclose until the Operating Agent approves the reclosure.

Reclosing. Generator acknowledges that following an electric disturbance, certain equipment at the Afton Switching Station L▇▇▇ Substation, on the SWNMT or on the Utilities’ Transmission Systems may reclose in accordance with Good Utility Practice. The Operating Agent will provide Generator notice, as far in advance of implementation as is reasonably practical, of the reclosing practices of the EPE L▇▇▇ Interconnection Facilities including the Afton Switching StationL▇▇▇ Substation. The Operating Agent shall provide Generator all data needed to study the effect of proposed changes to such reclosing practices and allow a reasonable time period, not to exceed 120 calendar days, for modification of Generator's ’s Protective Equipment if necessary. To the extent practicable, Operating Agent will cooperate with Generator to establish or modify the reclosing angle settings of the Operating Agent's ’s reclosing operations to minimize the impact such operations will have on the Afton Switching StationSWNMT, the EPE Utilities’ Transmission System Systems and the Facility. Generator shall have sole responsibility for protecting the Facility, Generator's ’s Interconnection Facilities and related equipment from any damage resulting from such reclosure. To the extent not prohibited by Applicable Laws and Regulations, Generator hereby indemnifies and agrees to hold harmless EPEthe Project Manager, the Operating Agent, the L▇▇▇ Substation Owners, SWNMT Participants, Utilities and their Agents for, against and from any and all losses, damages, costs and expenses caused by, resulting from or arising out of (a) any damage to the Facility, Generator's ’s Interconnection Facilities or related equipment to the extent caused by, resulting from, or arising out of any such reclosure and (b) death of or injury to any -------------------------------------------------------------------------------- Interconnection Agreement between -30- EXECUTION VERSION El Paso Electric Company and Public Service Company of New Mexico person to the extent caused by, resulting from, or arising out of any impact or effect of any such reclosure upon the Facility, Generator's ’s Interconnection Facilities, and/or any related equipment. If, for any reason, the Facility is disconnected from the EPE Transmission System SWNMT at the Afton Switching Station L▇▇▇ Substation (by electric disturbance, line switching, or otherwise), the Operating Agent shall cause the switching device connecting the Facility to the EPE Transmission System SWNMT at the Afton Switching Station L▇▇▇ Substation to become and remain open and not reclose until the Operating Agent approves the reclosure.

Reclosing. Generator acknowledges that following an electric disturbance, certain equipment at the Afton Switching Station may reclose in accordance with Good Utility Practice. The Operating Agent will provide Generator notice, as far in advance of implementation as is reasonably practical, of the reclosing practices of the EPE Interconnection Facilities and the Interconnection System Upgrades, including the Afton Switching Station. The Operating Agent shall provide Generator all data needed to study the effect of proposed changes to such reclosing practices and allow a reasonable time period, not to exceed 120 calendar days, for modification of Generator's ’s Protective Equipment if necessary. To the extent practicable, Operating Agent will cooperate with Generator to establish or modify the reclosing angle settings of the Operating Agent's ’s reclosing operations to minimize the impact such operations will have on the EPE Transmission System (including the Afton Switching Station, the EPE Transmission System ) and the Facility. Generator shall have sole responsibility for protecting the Facility, Generator's ’s Interconnection Facilities and related equipment from any damage resulting from such reclosure. To the extent not prohibited by Applicable Laws and Regulations, Generator hereby indemnifies and agrees to hold harmless EPE, the Operating Agent, and their Agents for, against and from any and all losses, damages, costs and expenses caused by, resulting from or arising out of (a) any damage to the Facility, Generator's ’s Interconnection Facilities or related equipment to the extent caused by, resulting from, or arising out of any such reclosure and (b) death of or injury to any -------------------------------------------------------------------------------- Interconnection Agreement between -30- EXECUTION VERSION El Paso Electric Company and Public Service Company of New Mexico person to the extent caused by, resulting from, or arising out of any impact or effect of such reclosure upon the Facility, Generator's ’s Interconnection Facilities, and/or any related equipment. If, for any reason, the Facility is disconnected from the EPE Transmission System at the Afton Switching Station (by electric disturbance, line switching, or otherwise), Operating Agent shall cause the switching device connecting the Facility to the EPE Transmission System at the Afton Switching Station to become and remain open and not reclose until the Operating Agent approves the reclosure.