Common use of Private Letter Ruling or Change or Clarification of Law Clause in Contracts

Private Letter Ruling or Change or Clarification of Law. At Interconnection Customer’s request and expense, Interconnecting Transmission Owner shall file with the IRS a request for a private letter ruling as to whether any property transferred or sums paid, or to be paid, by Interconnection Customer to Interconnecting Transmission Owner under this ETU IA are subject to federal income taxation. Interconnection Customer will prepare the initial draft of the request for a private letter ruling, and will certify under penalties of perjury that all facts represented in such request are true and accurate to the best of Interconnection Customer’s knowledge. Interconnecting Transmission Owner and Interconnection Customer shall cooperate in good faith with respect to the submission of such request. Interconnecting Transmission Owner shall keep Interconnection Customer fully informed of the status of such request for a private letter ruling and shall execute either a privacy act waiver or a limited power of attorney, in a form acceptable to the IRS, that authorizes Interconnection Customer to participate in all discussions with the IRS regarding such request for a private letter ruling. Interconnecting Transmission Owner shall allow Interconnection Customer to attend all meetings with IRS officials about the request and shall permit Interconnection Customer to prepare the initial drafts of any follow-up letters in connection with the request.

Private Letter Ruling or Change or Clarification of Law. At Interconnection CustomerCustomerDeveloper’s request and expense, Interconnecting Connecting Transmission Owner shall file with the IRS a request for a private letter ruling as to whether any property transferred or sums paid, or to be paid, by Interconnection Customer CustomerDeveloper to Interconnecting Connecting Transmission Owner under this ETU IA Agreement are subject to federal income taxation. Interconnection Customer CustomerDeveloper will prepare the initial draft of the request for a private letter ruling, and will certify under penalties of perjury that all facts represented in such request are true and accurate to the best of Interconnection CustomerCustomerDeveloper’s knowledge. Interconnecting Connecting Transmission Owner and Interconnection Customer Developer shall cooperate in good faith with respect to the submission of such request. Interconnecting Connecting Transmission Owner shall keep Interconnection Customer CustomerDeveloper fully informed of the status of such request for a private letter ruling and shall execute either a privacy act waiver or a limited power of attorney, in a form acceptable to the IRS, that authorizes Interconnection Customer CustomerDeveloper to participate in all discussions with the IRS regarding such request for a private letter ruling. Interconnecting Connecting Transmission Owner shall allow Interconnection Customer CustomerDeveloper to attend all meetings with IRS officials about the request and shall permit Interconnection Customer CustomerDeveloper to prepare the initial drafts of any follow-up letters in connection with the request.

Private Letter Ruling or Change or Clarification of Law. At Interconnection CustomerCustomerDeveloper’s request and expense, Interconnecting Transmission Owner ProviderOwner shall file with the IRS a request for a private letter ruling as to whether any property transferred or sums paid, or to be paid, by Interconnection Customer CustomerDeveloper to Interconnecting Transmission Owner ProviderOwner under this ETU IA LGIA Agreement are subject to federal income taxation. Interconnection Customer CustomerDeveloper will prepare the initial draft of the request for a private letter ruling, and will certify under penalties of perjury that all facts represented in such request are true and accurate to the best of Interconnection CustomerCustomerDeveloper’s knowledge. Interconnecting Transmission Owner ProviderOwner and Interconnection Customer CustomerDeveloper shall cooperate in good faith with respect to the submission of such request. Interconnecting Transmission Owner ProviderOwner shall keep Interconnection Customer CustomerDeveloper fully informed of the status of such request for a private letter ruling and shall execute either a privacy act waiver or a limited power of attorney, in a form acceptable to the IRS, that authorizes Interconnection Customer CustomerDeveloper to participate in all discussions with the IRS regarding such request for a private letter ruling. Interconnecting Transmission Owner ProviderOwner shall allow Interconnection Customer CustomerDeveloper to attend all meetings with IRS officials about the request and shall permit Interconnection Customer CustomerDeveloper to prepare the initial drafts of any follow-up letters in connection with the request. If the private letter ruling concludes that such transfers or sums are not subject to federal income taxation, or a clarification of or change in law results in Transmission ProviderOwner determining in good faith that such transfers or sums are not subject to federal income taxation, Parties’ obligations regarding a gross-up or security under this Article 5.17 shall be reduced accordingly.

Private Letter Ruling or Change or Clarification of Law. At Interconnection Customer’s request and expense, Interconnecting a Taxable Transmission Owner shall file with the IRS a request for a private letter ruling as to whether any property transferred or sums paid, or to be paid, by Interconnection Customer to Interconnecting such Taxable Transmission Owner under this ETU IA Agreement are subject to federal income taxation. Interconnection Customer will prepare the initial draft of the request for a private letter ruling, and will certify under penalties of perjury that all facts represented in such request are true and accurate to the best of Interconnection Customer’s knowledge. Interconnecting Such Taxable Transmission Owner and Interconnection Customer shall cooperate in good faith with respect to the submission of such request, provided, however, the Interconnection Customer and such Taxable Transmission Owner explicitly acknowledge (and nothing herein is intended to alter) such Taxable Transmission Owner’s obligation under law to certify that the facts presented in the ruling request are true, correct, and complete. Interconnecting A Taxable Transmission Owner shall keep Interconnection Customer fully informed of the status of such request for a private letter ruling and shall execute either a privacy act waiver or a limited power of attorney, in a form acceptable to the IRS, that authorizes Interconnection Customer to participate in all discussions DocuSign Envelope ID: 641570BA-608D-4F84-9EF7-D42DF0E7E18D with the IRS regarding such request for a private letter ruling. Interconnecting Such Taxable Transmission Owner shall allow Interconnection Customer to attend all meetings with IRS officials about the request and shall permit Interconnection Customer to prepare the initial drafts of any follow-up letters in connection with the request.

Private Letter Ruling or Change or Clarification of Law. At Interconnection Customer’s request and expense, Interconnecting Transmission Owner shall file with the IRS a request for a private letter ruling as to whether any property transferred or sums paid, or to be paid, by Interconnection Customer to Interconnecting Transmission Owner under this ETU IA GIA are subject to federal income taxation. Interconnection Customer will prepare the initial draft of the request for a private letter ruling, and will certify under penalties of perjury that all facts represented in such request are true and accurate to the best of Interconnection Customer’s knowledge. Interconnecting Transmission FERC Electric Tariff Generator Interconnection Agreement (GIA) ATTACHMENTS 92.0.0 Owner and Interconnection Customer shall cooperate in good faith with respect to the submission of such request. Interconnecting Transmission Owner shall keep Interconnection Customer fully informed of the status of such request for a private letter ruling and shall execute either a privacy act waiver or a limited power of attorney, in a form acceptable to the IRS, that authorizes Interconnection Customer to participate in all discussions with the IRS regarding such request for a private letter ruling. Interconnecting Transmission Owner shall allow Interconnection Customer to attend all meetings with IRS officials about the request and shall permit Interconnection Customer to prepare the initial drafts of any follow-up letters in connection with the request.

Private Letter Ruling or Change or Clarification of Law. At Interconnection Customer’s request and expense, an Interconnecting Transmission Owner shall file with the IRS a request for a private letter ruling as to whether any property transferred or sums paid, or to be paid, by Interconnection Customer to that Interconnecting Transmission Owner under this ETU IA LGIA are subject to federal income taxation. Interconnection Customer will prepare the initial draft of the request for a private letter ruling, and will certify under penalties of perjury that all facts represented in such request are true and accurate to the best of Interconnection Customer’s knowledge. Interconnecting Transmission Owner and Interconnection Customer shall cooperate in good faith with respect to the submission of such request. Interconnecting Transmission Owner shall keep Interconnection Customer fully informed of the status of such request for a private letter ruling and shall execute either a privacy act waiver or a limited power of attorney, in a form acceptable to the IRS, that authorizes Interconnection Customer to participate in all discussions with the IRS regarding such request for a private letter ruling. Interconnecting Transmission Owner shall allow Interconnection Customer to attend all meetings with IRS officials about the request and shall permit Interconnection Customer to prepare the initial drafts of any follow-up letters in connection with the request.