Common use of Suspension Clause in Contracts

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to three years. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspension.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have reserves the right, upon written notice to Transmission Provider and Interconnected Transmission OwnerDistribution Provider, to suspend at any time all work by Interconnected Transmission Owner Distribution Provider associated with the construction and installation of the Transmission Owner Distribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and/or Network Upgrades required under an this GIA, other than Network Upgrades identified in the Phase II Interconnection Service Agreement or Interconnection Construction Service AgreementStudy as common to multiple generating facilities, with the condition that, notwithstanding such suspension, the Transmission that Distribution System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Distribution Provider’s safety and reliability criteria. This In such event, Interconnection Customer shall be responsible for all reasonable and necessary costs which Distribution Provider (i) has incurred pursuant to this GIA prior to the suspension right permits and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Distribution System and Transmission System during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which Distribution Provider cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, Distribution Provider shall obtain Interconnection Customer's authorization to do so. i. Generating facilities which are the subject of all Interconnection Requests made prior to the Interconnection Customer’s Interconnection Request; or ii. Generating facilities which are the subject of Interconnection Requests within the Queue Cluster where the Interconnection Customer’s request for Full Capacity Deliverability Status or Partial Capacity Deliverability Status is assessed; or iii. Generating facilities that are the subject of Interconnection Requests that were made after the Interconnection Customer’s Interconnection Request but no later than the date on which the Interconnection Customer’s Phase II Interconnection Study report was issued, and have been modeled in the Base Case at the time the Interconnection Customer seeks to request one exercise its suspension rights under this section. Distribution Provider shall invoice Interconnection Customer for such costs pursuant to Article 12 and shall use due diligence to minimize its costs. In the event Interconnection Customer suspends work by Distribution Provider required under this GIA pursuant to this Article 5.16, and has not requested Distribution Provider to recommence the work or more suspensions has not itself recommenced work required under this GIA on or before the expiration of work for a cumulative period three (3) years following commencement of up to three years. such suspension, this GIA shall be deemed terminated and the Interconnection Customer’s notice responsibility for costs will be determined in accordance with Article 2.4 of this GIA. The three-year period shall begin on the date the suspension shall include an estimated duration is requested, or the date of the suspension and other information related to the suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission OwnerDistribution Provider, if no effective date is specified. The maximum three-year period shall apply to suspend at the projected Commercial Operation Date for the Generating Facility identified in the initial Interconnection Request, without regard to any time all work by Interconnected Transmission Owner associated with subsequent changes to the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left dates set forth in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer Request, without regard to request one the milestone schedule dates set forth in Appendix B hereto or more suspensions of work any changes to those dates, and without regard to any other scheduled dates for a cumulative period of up to (i) three years if action affecting the Transmission Provider determines that such suspension would not be deemed a Material ModificationGenerating Facility, Interconnection Facilities, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related Network Upgrades or any changes to the suspensionthose dates.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have reserves the right, upon written notice to Transmission Provider the Participating TO and Interconnected Transmission Ownerthe CAISO, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Participating TO's Interconnection Facilities Facilities, Network Upgrades, and/or Distribution Upgrades required under an this LGIA, other than Network Upgrades identified in the Phase II Interconnection Service Agreement or Interconnection Construction Service AgreementStudy as common to multiple generating facilities, with the condition that, notwithstanding such suspension, that the Transmission System Participating TO’s electrical system and the CAISO Controlled Grid shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Providerthe Participating TO’s safety and reliability criteriacriteria and the CAISO’s Applicable Reliability Standards. This suspension right permits In such event, the Interconnection Customer shall be responsible for all reasonable and necessary costs which the Participating TO (i) has incurred pursuant to request one this LGIA prior to the suspension and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Participating TO’s electric system during such suspension and, if applicable, any costs incurred in connection with the cancellation or more suspensions suspension of work for a cumulative period of up material, equipment and labor contracts which the Participating TO cannot reasonably avoid; provided, however, that prior to three yearscanceling or suspending any such material, equipment or labor contract, the Participating TO shall obtain Interconnection Customer's authorization to do so. Network Upgrades common to multiple generating facilities, and to which the Interconnection Customer’s notice right of suspension shall include an estimated duration not extend, consist of Network Upgrades identified for: (i) generating facilities which are the subject of all Interconnection Requests made prior to the Interconnection Customer’s Interconnection Request; (ii) generating facilities which are the subject of Interconnection Requests within the Interconnection Customer’s queue cluster; and (iii) generating facilities that are the subject of Interconnection Requests that were made after the Interconnection Customer’s Interconnection Request but no later than the date on which the Interconnection Customer’s Phase II Interconnection Study Report is issued, and have been modeled in the Base Case at the time the Interconnection Customer seeks to exercise its suspension rights under this Article. The Participating TO shall invoice the Interconnection Customer for such costs pursuant to Article 12 and shall use due diligence to minimize its costs. In the event Interconnection Customer suspends work required under this LGIA pursuant to this Article 5.16, and has not requested the Participating TO to recommence the work or has not itself recommenced work required under this LGIA in time to ensure that the new projected Commercial Operation Date for the full Generating Facility Capacity of the suspension Large Generating Facility is no more than three (3) years from the Commercial Operation Date identified in Appendix B hereto, this LGIA shall be deemed terminated and other information related to the suspensionInterconnection Customer’s responsibility for costs will be determined in accordance with Article 2.4 of this LGIA. The following provision applies to Interconnection Requests which have entered suspension period shall begin on the New Services Queue on date the suspension is requested, or after February 1, 2011: Interconnection Customer shall have the right, upon date of the written notice to Transmission Provider the Participating TO and Interconnected Transmission Ownerthe CAISO, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspensionno effective date is specified.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have reserves the right, upon written notice to Connecting Transmission Provider Owner and Interconnected Transmission OwnerNYISO, to suspend at any time all work by Interconnected Connecting Transmission Owner or Interconnection Customer, as applicable, associated with the construction and installation of the Connecting Transmission Owner Owner’s Attachment Facilities, System Upgrade Facilities, and/or System Deliverability Upgrades required for only that Interconnection Facilities required Customer under an Interconnection Service this Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, that the New York State Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s the safety and reliability criteriacriteria of Connecting Transmission Owner and NYISO. This suspension right permits the In such event, Interconnection Customer shall be responsible for all reasonable and necessary costs and/or obligations in accordance with Attachment HH to request one the OATT including those which Connecting Transmission Owner (i) has incurred pursuant to this Agreement prior to the suspension and (ii) incurs as a result of the suspension of such work, including any costs incurred by the Connecting Transmission Owner to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the New York State Transmission System during such suspension and, if cancellation or more suspensions suspension of work for a cumulative period of up material, equipment, and labor contracts which Connecting Transmission Owner cannot reasonably avoid; provided, however, that prior to three yearscanceling or suspending any such material, equipment, or labor contract, Connecting Transmission Owner shall obtain Interconnection Customer’s authorization to do so. Interconnection Customer’s notice of suspension election to suspend work pursuant to this Article 5.16 shall include not toll the time period by which an estimated duration of Interconnection Customer may extend the suspension and other information related Commercial Operation Date for the Facility without such extension being a Material Modification pursuant to Attachment HH to the suspensionOATT. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Connecting Transmission Owner shall invoice Interconnection Customer for such costs pursuant to Article 12 and shall have the rightuse due diligence to minimize its costs. If: (i) pursuant to this Article 5.16, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all Interconnection Customer suspends work by Interconnected Transmission Owner associated with the construction and installation of the Connecting Transmission Owner’s Attachment Facilities, System Upgrade Facilities, and/or System Deliverability Upgrades that is required under this Agreement, and (ii) Interconnection Customer has, as applicable, either not recommenced work or requested Connecting Transmission Owner Interconnection Facilities to recommence its work required under an Interconnection Service this Agreement on or Interconnection Construction Service Agreement, with before the condition that, notwithstanding expiration of three (3) years following commencement of such suspension, the Transmission System this Agreement shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteriadeemed terminated. This The three-year period shall begin on the date the suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modificationis requested, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration date of the suspension written notice to Connecting Transmission Owner and other information related to the suspensionNYISO, if no effective date is specified.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have reserves the right, upon written notice to Transmission Provider the Participating TO and Interconnected Transmission Ownerthe CAISO, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Participating TO's Interconnection Facilities Facilities, Network Upgrades, and/or Distribution Upgrades required under an this LGIA, other than Network Upgrades identified in the Phase II Interconnection Service Agreement or Interconnection Construction Service AgreementStudy as common to multiple generating facilities, with the condition that, notwithstanding such suspension, that the Transmission System Participating TO’s electrical system and the CAISO Controlled Grid shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Providerthe Participating TO’s safety and reliability criteriacriteria and the CAISO’s Applicable Reliability Standards. This suspension right permits In such event, the Interconnection Customer shall be responsible for all reasonable and necessary costs which the Participating TO (i) has incurred pursuant to request one this LGIA prior to the suspension and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Participating TO’s electric system during such suspension and, if applicable, any costs incurred in connection with the cancellation or more suspensions suspension of work for a cumulative period of up material, equipment and labor contracts which the Participating TO cannot reasonably avoid; provided, however, that prior to three yearscanceling or suspending any such material, equipment or labor contract, the Participating TO shall obtain Interconnection Customer's authorization to do so. Network Upgrades common to multiple generating facilities, and to which the Interconnection Customer’s notice right of suspension shall include an estimated duration not extend, consist of Network Upgrades identified for: (i) generating facilities which are the subject of all Interconnection Requests made prior to the Interconnection Customer’s Interconnection Request; (ii) generating facilities which are the subject of Interconnection Requests within the Interconnection Customer’s queue cluster; and (iii) generating facilities that are the subject of Interconnection Requests that were made after the Interconnection Customer’s Interconnection Request but no later than the date on which the Interconnection Customer’s Phase II Interconnection Study Report is issued, and have been modeled in the Base Case at the time the Interconnection Customer seeks to exercise its suspension rights under this Article. The Participating TO shall invoice the Interconnection Customer for such costs pursuant to Article 12 and shall use due diligence to minimize its costs. In the event Interconnection Customer suspends work required under this LGIA pursuant to this Article 5.16, and has not requested the Participating TO to recommence the work or has not itself recommenced work required under this LGIA in time to ensure that the new projected Commercial Operation Date for the full Generating Facility Capacity of the suspension Large Generating Facility is no more than three (3) years from the Commercial Operation Date identified in Appendix B hereto, this LGIA shall be deemed terminated and other information related to the suspensionInterconnection Customer’s responsibility for costs will be determined in accordance with Article 2.4. The following provision applies to Interconnection Requests which have entered suspension period shall begin on the New Services Queue on date the suspension is requested, or after February 1, 2011: Interconnection Customer shall have the right, upon date of the written notice to Transmission Provider the Participating TO and Interconnected Transmission Ownerthe CAISO, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspensionno effective date is specified.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have reserves the right, upon written notice to Transmission Provider the Participating TO and Interconnected Transmission Ownerthe CAISO, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Participating TO's Interconnection Facilities Facilities, Network Upgrades, and/or Distribution Upgrades required under an this LGIA, other than Network Upgrades identified in the Phase II Interconnection Service Agreement or Interconnection Construction Service AgreementStudy as common to multiple generating facilities, with the condition that, notwithstanding such suspension, that the Transmission System Participating TO’s electrical system and the CAISO Controlled Grid shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Providerthe Participating TO’s safety and reliability criteriacriteria and the CAISO’s Applicable Reliability Standards. This suspension right permits In such event, the Interconnection Customer shall be responsible for all reasonable and necessary costs which the Participating TO (i) has incurred pursuant to request one this LGIA prior to the suspension and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Participating TO’s electric system during such suspension and, if applicable, any costs incurred in connection with the cancellation or more suspensions suspension of work for a cumulative period of up material, equipment and labor contracts which the Participating TO cannot reasonably avoid; provided, however, that prior to three yearscanceling or suspending any such material, equipment or labor contract, the Participating TO shall obtain Interconnection Customer's authorization to do so. Network Upgrades common to multiple generating facilities, and to which the Interconnection Customer’s notice right of suspension shall include an estimated duration not extend, consist of Network Upgrades identified for: (i) generating facilities which are the subject of all Interconnection Requests made prior to the Interconnection Customer’s Interconnection Request; (ii) generating facilities which are the subject of Interconnection Requests within the Interconnection Customer’s queue cluster; and (iii) generating facilities that are the subject of Interconnection Requests that were made after the Interconnection Customer’s Interconnection Request but no later than the date on which the Interconnection Customer’s Phase ll Interconnection Study Report is issued, and have been modeled in the Base Case at the time the Interconnection Customer seeks to exercise its suspension rights under this Article. The Participating TO shall invoice the Interconnection Customer for such costs pursuant to Article 12 and shall use due diligence to minimize its costs. In the event Interconnection Customer suspends work required under this LGIA pursuant to this Article 5.16, and has not requested the Participating TO to recommence the work or has not itself recommenced work required under this LGIA in time to ensure that the new projected Commercial Operation Date for the full Generating Facility Capacity of the suspension Large Generating Facility is no more than three (3) years from the Commercial Operation Date identified in Appendix B hereto, this LGIA shall be deemed terminated and other information related to the suspensionInterconnection Customer’s responsibility for costs will be determined in accordance with Article 2.4 of this LGIA. The following provision applies to Interconnection Requests which have entered suspension period shall begin on the New Services Queue on date the suspension is requested, or after February 1, 2011: Interconnection Customer shall have the right, upon date of the written notice to Transmission Provider the Participating TO and Interconnected Transmission Ownerthe CAISO, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspensionno effective date is specified.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, may request to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Participating TO's Interconnection Facilities Facilities, Network Upgrades, and/or Distribution Upgrades required under this LGIA, other than Network Upgrades identified in the Phase II Interconnection Study as common to multiple generating facilities. Interconnection Customers seeking to suspend construction will provide the CAISO and Participating TO a request for assessment pursuant to Section 6.9.2 of the GIP, a modification assessment deposit, and an anticipated end date of the suspension. Interconnection Service Agreement or Interconnection Construction Service Agreement, with Customers may request a suspension for the condition that, notwithstanding such suspension, maximum amount of time in lieu of providing an anticipated end date. The CAISO and Participating TO will approve suspension requests where: (a) the Transmission System shall Participating TO’s electrical system and the CAISO Controlled Grid can be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission ProviderPractice, the Participating TO’s safety and reliability criteria. This suspension right permits , and Applicable Reliability Standards; and (b) the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to three years. Interconnection Customer’s notice of suspension shall include an estimated duration of CAISO and Participating TO determine the suspension and other information related to the suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left will not result in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. During suspension, the Interconnection Customer may request to extend or shorten their suspension period, consistent with the maximum period provided in this Article. The CAISO and Participating TO will approve such requests where they meet criteria (a) and (b), above. Requests to extend or shorten extensions will require a new modification assessment request and deposit. The Interconnection Customer shall be responsible for all reasonable and necessary costs for suspension for which the Participating TO (i) has incurred pursuant to this LGIA prior to the suspension and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Participating TO’s electric system during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which the Participating TO cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, the Participating TO shall obtain Interconnection Customer's authorization to do so. Network Upgrades common to multiple generating facilities, and to which the Interconnection Customer’s notice right of suspension shall include an estimated duration not extend, consist of Network Upgrades identified for: (i) generating facilities which are the subject of all Interconnection Requests made prior to the Interconnection Customer’s Interconnection Request; (ii) generating facilities which are the subject of Interconnection Requests within the Interconnection Customer’s queue cluster; and (iii) generating facilities that are the subject of Interconnection Requests that were made after the Interconnection Customer’s Interconnection Request but no later than the date on which the Interconnection Customer’s Phase II Interconnection Study Report is issued, and have been modeled in the Base Case at the time the Interconnection Customer seeks to exercise its suspension rights under this Article. The Participating TO shall invoice the Interconnection Customer for such costs pursuant to Article 12 and shall use due diligence to minimize its costs. In the event Interconnection Customer suspends work required under this LGIA pursuant to this Article 5.16, and has not requested the Participating TO to recommence the work or has not itself recommenced work required under this LGIA in time to ensure that the new projected Commercial Operation Date for the full Generating Facility Capacity of the Large Generating Facility is no more than three (3) years from the Commercial Operation Date identified in Appendix B hereto, this LGIA shall be deemed terminated and the Interconnection Customer’s responsibility for costs will be determined in accordance with Article 2.4. The suspension period shall begin on the date the Interconnection Customer provides in its request, if approved. Ninety (90) days before the anticipated end date of the suspension, the Participating TO and other information related the CAISO will tender an amended draft LGIA with new construction milestones. The Parties agree to negotiate the amended draft LGIA in good faith such that it can be executed by the end of the suspension.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities and/or Merchant Network Upgrades required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to three yearsyears for each Interconnection Request. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities and/or Merchant Network Upgrades required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if for an Interconnection Request for which the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if for an Interconnection Request for which the Transmission Provider determines determine that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspension.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, may request to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Participating TO's Interconnection Facilities Facilities, Network Upgrades, and/or Distribution Upgrades required under this LGIA, other than Network Upgrades identified in the Phase II Interconnection Study as common to multiple generating facilities. Interconnection Customers seeking to suspend construction will provide the CAISO and Participating TO a request for assessment pursuant to Section 6.7.2 of the GIDAP, a modification assessment deposit, and an anticipated end date of the suspension. Interconnection Service Agreement or Interconnection Construction Service Agreement, with Customers may request a suspension for the condition that, notwithstanding such suspension, maximum amount of time in lieu of providing an anticipated end date. The CAISO and Participating TO will approve suspension requests where: (a) the Transmission System shall Participating TO’s electrical system and the CAISO Controlled Grid can be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission ProviderPractice, the Participating TO’s safety and reliability criteria. This suspension right permits , and Applicable Reliability Standards; and (b) the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to three years. Interconnection Customer’s notice of suspension shall include an estimated duration of CAISO and Participating TO determine the suspension and other information related to the suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left will not result in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. During suspension, the Interconnection Customer may request to extend or shorten their suspension period, consistent with the maximum period provided in this Article. The CAISO and Participating TO will approve such requests where they meet criteria (a) and (b), above. Requests to extend or shorten extensions will require a new modification assessment request and deposit. The Interconnection Customer shall be responsible for all reasonable and necessary costs for suspension for which the Participating TO (i) has incurred pursuant to this LGIA prior to the suspension and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Participating TO’s electric system during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which the Participating TO cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, the Participating TO shall obtain Interconnection Customer's authorization to do so. Network Upgrades common to multiple generating facilities, and to which the Interconnection Customer’s notice right of suspension shall include an estimated duration not extend, consist of Network Upgrades identified for: (i) generating facilities which are the subject of all Interconnection Requests made prior to the Interconnection Customer’s Interconnection Request; (ii) generating facilities which are the subject of Interconnection Requests within the Interconnection Customer’s queue cluster; and (iii) generating facilities that are the subject of Interconnection Requests that were made after the Interconnection Customer’s Interconnection Request but no later than the date on which the Interconnection Customer’s Phase II Interconnection Study Report is issued, and have been modeled in the Base Case at the time the Interconnection Customer seeks to exercise its suspension rights under this Article. The Participating TO shall invoice the Interconnection Customer for such costs pursuant to Article 12 and shall use due diligence to minimize its costs. In the event Interconnection Customer suspends work required under this LGIA pursuant to this Article 5.16, and has not requested the Participating TO to recommence the work or has not itself recommenced work required under this LGIA in time to ensure that the new projected Commercial Operation Date for the full Generating Facility Capacity of the Large Generating Facility is no more than three (3) years from the Commercial Operation Date identified in Appendix B hereto, this LGIA shall be deemed terminated and the Interconnection Customer’s responsibility for costs will be determined in accordance with Article 2.4 of this LGIA. The suspension and other information related to period shall begin on the date the Interconnection Customer provides in its request, if approved. Ninety (90) days before the anticipated end date of the suspension, the Participating TO and the CAISO will tender an amended draft LGIA with new construction milestones. The Parties agree to negotiate the amended draft LGIA in good faith such that it can be executed by the end of the suspension. Interconnection Customer subject to Section 8.9.2.2 of Appendix DD may not request suspension.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have reserves the right, upon written notice to Transmission Provider and Interconnected Transmission OwnerDistribution Provider, to suspend at any time all work by Interconnected Transmission Owner Distribution Provider associated with the construction and installation of the Transmission Owner Distribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and/or Network Upgrades required under an this GIA, other than Network Upgrades identified in the Phase II Interconnection Service Agreement or Interconnection Construction Service AgreementStudy as common to multiple generating facilities, with the condition that, notwithstanding such suspension, the Transmission that Distribution System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Distribution Provider’s safety and reliability criteria. This In such event, Interconnection Customer shall be responsible for all reasonable and necessary costs which Distribution Provider (i) has incurred pursuant to this GIA prior to the suspension and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Distribution System and Transmission System during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which Distribution Provider cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, Distribution Provider shall obtain Interconnection Customer's authorization to do so. Network Upgrades common to multiple generating facilities, and to which the Interconnection Customer’s right permits of suspension shall not extend, consist of Network Upgrades identified for: i. Generating facilities which are the subject of all Interconnection Requests made prior to the Interconnection Customer’s Interconnection Request; or ii. Generating facilities which are the subject of Interconnection Requests within the Queue Cluster where the Interconnection Customer’s request for Full Capacity Deliverability Status or Partial Capacity Deliverability Status is assessed; or iii. Generating facilities that are the subject of Interconnection Requests that were made after the Interconnection Customer’s Interconnection Request but no later than the date on which the Interconnection Customer’s Phase II Interconnection Study report was issued, and have been modeled in the Base Case at the time the Interconnection Customer seeks to request one exercise its suspension rights under this section. Distribution Provider shall invoice Interconnection Customer for such costs pursuant to Article 12 and shall use due diligence to minimize its costs. In the event Interconnection Customer suspends work by Distribution Provider required under this GIA pursuant to this Article 5.16, and has not requested Distribution Provider to recommence the work or more suspensions has not itself recommenced work required under this GIA on or before the expiration of work for a cumulative period three (3) years following commencement of up to three years. such suspension, this GIA shall be deemed terminated and the Interconnection Customer’s notice responsibility for costs will be determined in accordance with Article 2.4 of this GIA. The three-year period shall begin on the date the suspension shall include an estimated duration is requested, or the date of the suspension and other information related to the suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission OwnerDistribution Provider, if no effective date is specified. The maximum three-year period shall apply to suspend at the projected Commercial Operation Date for the Generating Facility identified in the initial Interconnection Request, without regard to any time all work by Interconnected Transmission Owner associated with subsequent changes to the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left dates set forth in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer Request, without regard to request one the milestone schedule dates set forth in Appendix B hereto or more suspensions of work any changes to those dates, and without regard to any other scheduled dates for a cumulative period of up to (i) three years if action affecting the Transmission Provider determines that such suspension would not be deemed a Material ModificationGenerating Facility, Interconnection Facilities, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related Network Upgrades or any changes to the suspensionthose dates.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, may request to suspend at any time all work by Interconnected Transmission Owner APS and SDG&E associated with the construction and installation of Transmission Owners’ Interconnection Facilities, Network Upgrades and/or Distribution Upgrades required under this Agreement, other than Network Upgrades, if any, identified in the Phase II Interconnection Study as common to multiple generating facilities. Interconnection Customers seeking to suspend construction will provide the Transmission Owner a request for assessment pursuant to Section 6.7.2 of the GIDAP, a modification assessment deposit, and an anticipated end date of the suspension. Interconnection Facilities required under Customers may request a suspension for the maximum amount of time in lieu of providing an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, anticipated end date. The Transmission Owner will approve suspension requests where: (a) the Transmission System shall Owner’s electrical system and the CAISO Controlled Grid can be left in a safe and reliable condition in accordance with Good Utility Practice and the Transmission ProviderOwner’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to three years. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension , and other information related to the suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of Applicable Reliability Standards and (b) the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with determine the condition that, notwithstanding such suspension, the Transmission System shall be left suspension will not result in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. DocuSign Envelope ID: 641570BA-608D-4F84-9EF7-D42DF0E7E18D During suspension, the Interconnection Customer may request to extend or shorten their suspension period, consistent with the maximum period provided in this Article. The Transmission Owner will approve such requests where they meet criteria (a) and (b), above. Requests to extend or shorten extensions will require a new modification assessment request and deposit. The Interconnection Customer shall be responsible for all reasonable and necessary costs for suspension for which Transmission Owners (i) have incurred pursuant to this Agreement prior to the suspension and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Transmission Provider’s electric system during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which Transmission Owners cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract the Transmission Owners shall obtain Interconnection Customer's authorization to do so. In such event, Interconnection Customer shall be responsible for all reasonable and necessary costs which Transmission Owners, (i) have incurred pursuant to this Agreement prior to the suspension and (ii) incur in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Transmission System during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which Transmission Owners cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, Transmission Owners shall obtain Interconnection Customer’s notice authorization to do so. With respect to non-JPP Network Upgrades to the CAISO Controlled Grid, which are common to multiple Generating Facilities, and to which the Interconnection Customer’s right of suspension shall include an estimated duration not extend, consist of Network Upgrades identified for: (i) Generating Facilities which are the subject of all Interconnection Requests made prior to the Interconnection Customer’s Interconnection Request; (ii) Generating Facilities which are the subject of Interconnection Requests within the Interconnection Customer’s queue cluster; and (iii) Generating Facilities that are the subject of Interconnection Requests that were made after the Interconnection Customer’s Interconnection Request but no later than the date on which the Interconnection Customer’s Phase II Study Report is issued, and have been modeled in the Base Case at the time the Interconnection Customer seeks to exercise its suspension rights under this Article 5.17. APS, on behalf of Transmission Owners, with respect to facilities identified in ▇▇▇▇▇▇▇▇ ▇-▇, shall notify the Transmission Owners of any suspension and invoice Interconnection Customer for such costs pursuant to Article 12 and shall use due diligence to minimize such costs. In the event Interconnection Customer suspends work required under this Agreement pursuant to this Article 5.17, and has not requested APS, on behalf of Transmission Owners, or has not itself recommenced work required under this Agreement in time to ensure that Commercial Operation of the suspension and other information related to the suspension.full Generating Facility DocuSign Envelope ID: 641570BA-608D-4F84-9EF7-D42DF0E7E18D

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have the rightmay request, upon written notice to Transmission Provider and Interconnected Transmission OwnerDistribution Provider, to suspend at any time all work by Interconnected Transmission Owner Distribution Provider associated with the construction and installation of the Transmission Owner Distribution Provider’s Interconnection Facilities Facilities, Distribution Upgrades, and/or Network Upgrades required under this LGIA, other than Network Upgrades identified in the Interconnection Studies as common to multiple generating facilities. Interconnection Customers seeking to suspend construction will provide Distribution Provider and CAISO, as applicable, an MMA Request and deposit (as set forth in the GIP), and an anticipated end date of the suspension. Interconnection Service Agreement or Interconnection Construction Service Agreement, with Customers may request a suspension for the condition that, notwithstanding such suspension, the Transmission maximum amount of time in lieu of providing an anticipated end date. Distribution Provider will approve suspension requests where: (a) The Distribution System shall can be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Practice, Distribution Provider’s safety and reliability criteria. This suspension right permits , and Applicable Reliability Standards; and (b) Distribution Provider, in consultation with the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to three years. Interconnection Customer’s notice of suspension shall include an estimated duration of CAISO if applicable, determines the suspension and other information related to the suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left will not result in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. During suspension, Interconnection Customer may request to extend or shorten the suspension period, consistent with the maximum period provided in this Article. Distribution Provider will approve such requests (in consultation with the CAISO, as applicable) when the request meets the criteria (a) and (b) above. Requests to extend or shorten extensions will require a new MMA Request and deposit. Interconnection Customer shall be responsible for all reasonable and necessary costs which Distribution Provider (i) has incurred pursuant to this LGIA prior to the suspension; and (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the Distribution System and Transmission System during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which Distribution Provider cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, Distribution Provider shall obtain Interconnection Customer's authorization to do so. Network Upgrades common to multiple generating facilities and to which the Interconnection Customer’s notice right of suspension shall include an estimated duration not extend, consist of Network Upgrades identified for: i. generating facilities which are the suspension and other information related subject of all Interconnection Requests made prior to the suspension.Interconnection Customer’s Interconnection Request, ii. generating facilities which are the subject of Interconnection Requests within the same Queue Cluster; and

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have reserves the right, upon written notice to Transmission Provider and Interconnected Transmission OwnerProvider, to suspend at any time all work by Interconnected Transmission Owner Provider associated with the construction and installation of the Transmission Owner Provider's Interconnection Facilities and/or Network Upgrades required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, this LGIA with the condition that, notwithstanding such suspension, the that Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s 's safety and reliability criteria. This suspension right permits the Transmission Provider shall not be liable for any acts or omissions of Interconnection Customer relating to request one its decision and implementation of suspension. Interconnection Customer shall indemnify Transmission Provider from and against any and all claims, actions, disputes and proceedings which may come against Transmission Provider arising by reason of or more suspensions of work for a cumulative period of up incident to three years. Interconnection Customer’s notice suspension of suspension shall include an estimated duration of work on Transmission Provider’s Interconnection Facilities, Network Upgrades and/or Interconnection Customer’s Interconnection Facilities. In the suspension and other information related event that Interconnection Customer elects to the suspension. The following provision applies suspend work pursuant to Interconnection Requests which have entered the New Services Queue on or after February 1this Article 5.16, 2011: Interconnection Customer shall have be responsible for (i) insuring that the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Customer’s Interconnection Facilities required under an Interconnection Service Agreement constructed or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be installed to date are secured and left in a safe and reliable condition in accordance with Good Utility Practice Practice, and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the all reasonable and necessary costs which Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of has incurred pursuant to this LGIA prior to the suspension and other information related to which Transmission Provider incurs as a result of the suspension, including any costs incurred to perform such work and any work that may be necessary to ensure the safety of persons and property and the integrity of the Transmission System during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which Transmission Provider cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, Transmission Provider shall obtain Interconnection Customer's authorization to do so. Transmission Provider shall invoice Interconnection Customer for such costs pursuant to Article 12 and shall use due diligence to minimize its costs. In the event Interconnection Customer suspends work pursuant to this Article 5.16 that Transmission Provider required under this LGIA, and has not requested Transmission Provider to recommence the work required under this LGIA on or before the expiration of three (3) years following commencement of such suspension, this LGIA shall be deemed terminated. The three-year period shall begin on the date of the written notice to Transmission Provider, if no effective date is specified.

Suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to three yearsyears for each Interconnection Request. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspension. The following provision applies to Interconnection Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if for an Interconnection Request for which the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if for an Interconnection Request for which the Transmission Provider determines determine that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspension.

Suspension. The following provision applies to Interconnection Requests which have entered If the New Services Queue prior to February 1, 2011: Interconnection Customer shall have Developer reserves the right, upon uponsuspends work on the Merchant Transmission Facility pursuant to the Merchant Transmission Facility Interconnection Agreement, Developer may suspend, with written notice to Connecting Transmission Provider OwnerCon Edison, NYPA and Interconnected Transmission OwnerNYISO, to suspend at any time all work by Interconnected Connecting Transmission Owner OwnerCon Edison associated with the construction and installation of Connecting Transmission Owner’s Attachment Facilities and/or System Upgrade Facilities and/or System Deliverability Upgrades required for only that Developerthe Upgrades under this Agreement withrequired in connection with the Merchant Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, Facility with the condition that, notwithstanding such suspension, that the New York State Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s the safety and reliability criteriacriteria of Connecting Transmission OwnerCon Edison, NYPA, and NYISO. This suspension right permits In such event, Developer shall be responsible for all reasonable and necessary costs and/or obligations in accordance with Attachment S to the Interconnection Customer ISO OATT including those which Connecting Transmission OwnerCon Edison or NYPA (i) has incurred pursuant to request one or more suspensions of work for a cumulative period of up this Agreement prior to three years. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related (ii) incurs in suspending such work, including any costs incurred to perform such work as may be necessary to ensure the safety of persons and property and the integrity of the New York State Transmission System during such suspension and, if applicable, any costs incurred in connection with the cancellation or suspension of material, equipment and labor contracts which Connecting Transmission OwnerCon Edison or NYPA, as applicable, cannot reasonably avoid; provided, however, that prior to canceling or suspending any such material, equipment or labor contract, Connecting Transmission OwnerCon Edison or NYPA, as applicable, shall obtain Developer’s authorization to do so. Connecting Transmission OwnerCon Edison or NYPA, as applicable, shall invoice Developer for such costs pursuant to Article 12 and shall use due diligence to minimize its costs. In the event Developer suspends work by Connecting Transmission OwnerCon Edison or NYPA required under this Agreement pursuant to this Article 5.115.11, and has not requested Connecting Transmission OwnerCon Edison or NYPA to recommence the work required under this Agreement on or before the expiration of three (3) years following commencement of such suspension, this Agreement shall be deemed terminated. The following provision applies to Interconnection Requests which have entered three-year period shall begin on the New Services Queue on date the suspension is requested, or after February 1, 2011: Interconnection Customer shall have the right, upon date of the written notice to Connecting Transmission Provider OwnerCon Edison, NYPA, and Interconnected Transmission OwnerNYISO, to suspend at any time all work by Interconnected Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Facilities required under an Interconnection Service Agreement or Interconnection Construction Service Agreement, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if the Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspensionno effective date is specified.

Suspension. The following provision applies to Interconnection New Service Requests which have entered the New Services Queue prior to February 1, 2011: Interconnection New Service Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected the Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Direct Assignment Facilities and/or Customer-Funded Upgrades, identified in Appendix I to this Upgrade CSA, required under an Interconnection Service Agreement or Interconnection Construction Service Agreementthis Upgrade CSA, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection New Service Customer to request one or more suspensions of work for a cumulative period of up to three yearsyears for each request. Interconnection New Service Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspension. The following provision applies to Interconnection New Service Requests which have entered the New Services Queue on or after February 1, 2011: Interconnection New Service Customer shall have the right, upon written notice to Transmission Provider and Interconnected Transmission Owner, to suspend at any time all work by Interconnected the Transmission Owner associated with the construction and installation of the Transmission Owner Interconnection Direct Assignment Facilities and/or Customer-Funded Upgrades, identified in Appendix I to this Upgrade CSA, required under an Interconnection Service Agreement or Interconnection Construction Service Agreementthis Upgrade CSA, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. This suspension right permits the Interconnection New Service Customer to request one or more suspensions of work for a cumulative period of up to (i) three years if for a request for which the Transmission Provider determines that such suspension would not be deemed a Material Modification, or (ii) one year if for a request for which the Transmission Provider determines that such suspension would be deemed a Material Modification. Interconnection New Service Customer’s notice of suspension shall include an estimated duration of the suspension and other information related to the suspension.