Common use of Subject to 3 Clause in Contracts

Subject to 3. 2.4, if (i) all of the interconnection facilities, transmission upgrades and new transmission facilities, if any, described in Producer’s interconnection agreement and required to interconnect the Generating Facility to the CAISO Controlled Grid have not been completed and placed into operation by the CAISO or the Transmission Provider on the estimated completion date set forth in Producer’s interconnection agreement, and (ii) the estimated completion date set forth in Producer’s interconnection agreement is within eighteen (18) months from the date of CPUC Approval, then, upon SCE’s receipt of Notice from Producer, which Notice must be provided at least sixty (60) days before the date that is eighteen (18) months from the date of CPUC Approval, the Term Start Date shall be extended six (6) months from the date that is eighteen (18) months from the date of CPUC Approval; provided, however, such extension shall not be given if the failure to meet the estimated completion date set forth in Producer’s interconnection agreement was as a result of Producer’s failure to complete its obligations, take all actions and meet all of its deadlines under Producer’s interconnection agreement needed to ensure timely completion and operation of such interconnection facilities, transmission upgrades and new transmission facilities.