NYSEG System definition
Examples of NYSEG System in a sentence
NYSEG and TrAILCo intend that all payments or property transfers made by TrAILCo to NYSEG for the procurement, construction and installation of the NYSEG System Upgrade Facilities, shall be non‐taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.
The intent of this provision is to leave both TrAILCo and NYSEG, to the extent practicable, in the event that no taxes are due with respect to any payment for NYSEG System Upgrade Facilities hereunder, in the same position they would have been in had no such tax payments been made.
NYSEG represents and covenants that the cost of the NYSEG System Upgrade Facilities, paid for by TrAILCo, will have no net effect on the base upon which rates are determined.
If, within 10 years from the date on which the relevant NYSEG System Upgrade Facilities are placed in service, (i) TrAILCo Breaches the covenants contained in Article 5.12.2, or (ii) this Agreement terminates and NYSEG retains ownership of the NYSEG System Upgrade Facilities, TrAILCo shall pay a tax gross‐up for the cost consequences of any current tax liability imposed on NYSEG, calculated using the methodology described in Article 5.12.4 and in accordance with IRS Notice 90‐60.
The Parties shall agree to the communication protocols outlined in Exhibit H to facilitate the exchange of information between them and Owner shall comply with the NYSEG System Operation Procedures provided in Exhibit H.
NYSEG shall be responsible for the costs of any additions, modifications, or replacements to the System Upgrade Facilities owned by NYSEG, that may be necessary to maintain or upgrade such NYSEG System Upgrade Facilities consistent with Applicable Laws and Regulations, Applicable Reliability Standards or Good Utility Practice SERVICE AGREEMENT NO.
If, within 10 years from the date on which the relevant NYSEG System Upgrade Facilities are placed in service, (i) TrAILCo Breaches the covenants contained in Article 5.12.2, or (ii) this Agreement terminates and NYSEG retains ownership of the NYSEG System Upgrade Facilities, TrAILCo shall pay a tax gross‐up for the cost consequences of any current tax liability SERVICE AGREEMENT NO.