Common use of Third Party Users Clause in Contracts

Third Party Users. If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use Transmission Provider's Interconnection Facilities, or any part thereof, Interconnection Customer will be entitled to compensation for the capital expenses it incurred in connection with the Transmission Provider’s Interconnection Facilities based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology; provided, however, that in no event shall Transmission Provider be obligated to compensate Interconnection Customer for such capital expenses when Transmission Provider’s Interconnection Facilities are used by another Interconnection Customer, other than Transmission Provider itself, unless and until that other Interconnection Customer first provides such compensation to Transmission Provider. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the Transmission Provider’s Interconnection Facilities, will be allocated between Interconnection Customer and all third party users based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually agreed upon methodology. For purposes of this Article 9.9.2, the phrase “third party users” shall mean other Interconnection Customers whose Generating Facilities are interconnected to and use the same Transmission Provider’s Interconnection Facilities (including, but not limited, to Transmission Provider to the extent that it is an

Third Party Users. If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use Transmission Provider's Interconnection Facilities, or any part thereof, Interconnection Customer will be entitled to compensation for the capital expenses it incurred in connection with the Transmission Provider’s Interconnection Facilities based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology; provided, ,however, ,that in no event shall Transmission Provider be obligated to compensate Interconnection Customer for such capital expenses when Transmission Provider’s Interconnection Facilities are used by another Interconnection Customer, other than Transmission Provider itself, unless and until that other Interconnection Customer first provides such compensation to Transmission Provider. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the than 13.1 of Transmission Provider’s Interconnection FacilitiesGIP, will be allocated between Transmission Provider shall provide notice to Interconnection Customer and all third party users based upon the pro rata use of the if Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations Provider intends to allow one or upon some other mutually agreed upon methodology. For purposes of this Article 9.9.2, the phrase “third party users” shall mean other Interconnection Customers whose Generating Facilities are interconnected more third- parties to and use the same Transmission Provider’s Interconnection Facilities which are used to serve Interconnection Customer. Within twenty (including20) Calendar Days of the provision of such notice, but not limited, to Transmission Provider also shall use Reasonable Efforts to schedule a meeting with the extent that Interconnection Customer and any such third-party user or users for the purpose of discussing the issue of compensation and allocation. If the issue of such compensation or allocation cannot be resolved through such negotiations, it is anshall be submitted to Dispute Resolution pursuant to Article 27.

Third Party Users. If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use Transmission Provider's Interconnection Facilities, or any part thereof, Interconnection Customer will be entitled to compensation for the capital expenses it incurred in connection with the Transmission Provider’s Interconnection Facilities based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology; provided, however, that in no event shall Transmission Provider be obligated to compensate Interconnection Customer for such capital expenses when Transmission Provider’s Interconnection Facilities are used by another Interconnection Customer, other than Transmission Provider itself, unless and until that other Interconnection Customer first provides such compensation to Transmission Provider. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the Transmission Provider’s Interconnection Facilities, will be allocated between Interconnection Customer and all third party users based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually agreed upon methodology. For purposes of this Article 9.9.2, the phrase “third party users” shall mean other Interconnection Customers whose Generating Facilities are interconnected to and use the same Transmission Provider’s Interconnection Facilities (including, but not limited, to Transmission Provider to the extent that it is anan Interconnection Customer whose Generating Facility is interconnected to and uses the same Transmission Provider’s Interconnection Facilities). Subject to the confidentiality provisions of Article 22 of this GIA and Section 13.1 of Transmission Provider’s GIP, Transmission Provider shall provide notice to Interconnection Customer if Transmission Provider intends to allow one or more third-parties to use the same Transmission Provider’s Interconnection Facilities which are used to serve Interconnection Customer. Within

Third Party Users. If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use Transmission Provider's Interconnection Facilities, or any part thereof, Interconnection Customer will be entitled to compensation for the capital expenses it incurred in connection with the Transmission Provider’s Interconnection Facilities based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology; provided, however, that in no event shall Transmission Provider be obligated to compensate Interconnection Customer for such capital expenses when Transmission Provider’s Interconnection Facilities are used by another Interconnection Customer, other than Transmission Provider itself, unless and until that other Interconnection Customer first provides such compensation to Transmission Provider. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the Transmission Provider’s Interconnection Facilities, will be allocated between Interconnection Customer and all third party users based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually agreed upon methodology. For purposes of this Article 9.9.2, the phrase “third party users” shall mean other Interconnection Customers whose Generating Facilities are interconnected to and use the same Transmission Provider’s Interconnection Facilities (including, but not limited, to Transmission Provider to the extent that it is anan Interconnection Customer whose Generating Facility is interconnected to and uses the same Transmission Provider’s Interconnection Facilities). Subject to the confidentiality provisions of Article 22 of this GIA and Section 13.1 of Transmission Provider’s GIP, Transmission Provider shall provide notice to Interconnection Customer if Transmission Provider intends to allow one or more third-parties to use the same Transmission Provider’s Interconnection Facilities which are used to serve Interconnection Customer. Within twenty (20) Calendar Days of the provision of such notice, Transmission Provider also shall use Reasonable Efforts to schedule a meeting with the Interconnection Customer and any