Common use of Subsequent Taxable Events Clause in Contracts

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Transmission Owner’s Interconnection Facilities are placed in service, (i) Interconnection Customer breaches the covenant contained in Article 5.17.2, (ii) a “disqualification event” occurs within the meaning of IRS Notice 88-129, or (iii) this GIA terminates and Transmission Owner retains ownership of the Interconnection Facilities, Network Upgrades, Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, Interconnection Customer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Transmission Owner, calculated using the methodology described in Article 5.17.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Transmission Owner’s Interconnection Facilities are placed in service, (i) Interconnection Customer breaches the covenant contained in Article 5.17.2, (ii) a “"disqualification event” " occurs within the meaning of IRS Notice 88-129, or (iii) this GIA terminates and Transmission Owner retains ownership of the Interconnection Facilities, Network Upgrades, Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, the Interconnection Customer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Transmission Owner, calculated using the methodology described in Article 5.17.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Transmission Owner’s Interconnection Facilities are placed in service, (i) Interconnection Customer breaches the covenant contained in Article 5.17.2, (ii) a “"disqualification event” " occurs within the meaning of IRS Notice 88-129, or (iii) this GIA terminates and Transmission Owner retains ownership of the Interconnection Facilities, Network Upgrades, Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, Interconnection Customer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Transmission Owner, calculated using the methodology described in Article 5.17.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Connecting Transmission Owner’s Interconnection Owner Attachment Network Upgrade Facilities are placed in service, (i) Interconnection Customer breaches Transmission Developer Breaches the covenant covenants contained in Article 5.17.25.17.25.12.2, (ii) a “disqualification event” occurs within the meaning of IRS Notice 88-129, or (iii) this GIA Agreement terminates and Connecting Transmission Owner retains ownership of the Interconnection Facilities, Attachment Facilities and System Network Upgrade Facilities and System Deliverability Upgrades, the Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, Interconnection Customer Developer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Connecting Transmission Owner, calculated using the methodology described in Article 5.17.4 5.17.45.12.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Transmission Owner’s Participating TO'sDistribution Provider's Interconnection Facilities are placed in service, (i) the Interconnection Customer breaches Breaches the covenant covenants contained in Article 5.17.2, (ii) a “"disqualification event” " occurs within the meaning of IRS Notice 88-129, or (iii) this GIA LGIA terminates and Transmission Owner the Participating TOTransmission Provider retains ownership of the Interconnection FacilitiesFacilities , Distribution Upgrades, and Network Upgrades, Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, the Interconnection Customer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Transmission Ownerthe Participating TODistribution Provider, calculated using the methodology described in Article 5.17.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Transmission Owner’s 's Interconnection Facilities are placed in service, (i) Interconnection Customer breaches the covenant contained in Article 5.17.2, (ii) a “"disqualification event” " occurs within the meaning of IRS Notice 88-129, or (iii) this GIA terminates and Transmission Owner retains ownership of the Interconnection Facilities, Network Upgrades, Transmission Owner’s 's System Protection Facilities, and/or Distribution Upgrades, the Interconnection Customer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Transmission Owner, calculated using the methodology described in Article 5.17.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Connecting Transmission Owner’s Interconnection Owner AttachmentAffected System Upgrade Facilities are placed in service, (i) Interconnection Customer breaches Developer Breaches the covenant covenants contained in Article 5.17.25.17.23.12.2, (ii) a “disqualification event” occurs within the meaning of IRS Notice 88-129, or (iii) this GIA Agreement terminates and ConnectingAffected Transmission Owner retains ownership of the Interconnection Facilities, Network Attachment Facilities andAffected System Upgrade Facilities and System Deliverability Upgrades, Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, Interconnection Customer the Developer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on ConnectingAffected Transmission Owner, calculated using the methodology described in Article 5.17.4 3.12.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Transmission Owner’s Interconnection Facilities are placed in service, (i) Interconnection Customer breaches Breaches the covenant contained in Article 5.17.2, (ii) a “disqualification event” occurs within the meaning of IRS Notice 88-129, or (iii) this GIA LGIA terminates and Transmission Owner retains ownership of the Original Sheet No. 33 Interconnection Facilities, Network Upgrades, Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, the Interconnection Customer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Transmission Owner, calculated using the methodology described in Article 5.17.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Connecting Transmission Owner’s Interconnection Owner AttachmentCommon System Upgrade Facilities are placed in service, (i) Interconnection Customer breaches a Developer Breaches the covenant covenants contained in Article 5.17.25.17.23.10.2, (ii) a “disqualification event” occurs within the meaning of IRS Notice 88-129, or (iii) this GIA Agreement terminates and ConnectingAffected Transmission Owner retains ownership of the Interconnection Facilities, Network Attachment Facilities andCommon System Upgrade Facilities and System Deliverability Upgrades, Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, Interconnection Customer the relevant Developer(s) shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Connectingthe Affected Transmission Owner, calculated using the methodology described in Article 5.17.4 5.17.43.10.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If[This article has been deleted intentionally.]If, within 10 ten (10) years from the date on which the relevant Interconnecting Transmission Owner’s Interconnection Facilities are placed in service, (i) Interconnection Customer breaches Breaches the covenant contained in Article 5.17.2, (ii) a “disqualification event” occurs within the meaning of IRS Notice 88-129, or (iii) this GIA LGIA terminates and Interconnecting Transmission Owner retains ownership of the Interconnection Facilities, Facilities and Network Upgrades, Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, the Interconnection Customer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Interconnecting Transmission Owner, calculated using the methodology described in Article 5.17.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Transmission Owner’s Participating TO'sDistribution Provider's Interconnection Facilities are placed in service, (i) the Interconnection Customer breaches Breaches the covenant covenants contained in Article 5.17.2, (ii) a “"disqualification event” " occurs within the meaning of IRS Notice 88-129, or (iii) this GIA LGIAGIA terminates and Transmission Owner the Participating TO Distribution Provider retains ownership of the Interconnection FacilitiesFacilities , Distribution Upgrades, and Network Upgrades, Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, the Interconnection Customer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Transmission Ownerthe Participating TODistribution Provider, calculated using the methodology described in Article 5.17.4 and in accordance with IRS Notice 90-60.

Subsequent Taxable Events. If, within 10 years from the date on which the relevant Connecting Transmission Owner’s Interconnection Owner AttachmentNetwork Upgrade Facilities are placed in service, (i) Interconnection Customer breaches Transmission Developer Breaches the covenant covenants contained in Article 5.17.25.17.25.12.2, (ii) a “disqualification event” occurs within the meaning of IRS Notice 88-129, or (iii) this GIA Agreement terminates and Connecting Transmission Owner retains ownership of the Interconnection Facilities, Network Attachment Facilities and SystemNetwork Upgrade Facilities and System Deliverability Upgrades, the Transmission Owner’s System Protection Facilities, and/or Distribution Upgrades, Interconnection Customer Developer shall pay a tax gross-up for the cost consequences of any current tax liability imposed on Connecting Transmission Owner, calculated using the methodology described in Article 5.17.4 5.17.45.12.4 and in accordance with IRS Notice 90-60.