Common use of Scope and Limitations of Agreement Clause in Contracts

Scope and Limitations of Agreement. This Agreement shall be used for all Interconnection Requests submitted under the Small Generator Interconnection Procedures (SGIP) except for those submitted under the 10 kW Inverter Process contained in SGIP Attachment 5. This Agreement governs the terms and conditions under which the Interconnection Customer’s Small Generating Facility will interconnect with, and operate in parallel with, the Transmission Provider’s Transmission System. This Agreement does not constitute an agreement to purchase or deliver the Interconnection Customer’s power The purchase or delivery of power and other services that the Interconnection Customer may require will be covered under separate agreements. The Interconnection Customer will be responsible for separately making all necessary arrangements (including scheduling) for delivery of electricity with the New York Independent System Operator (Transmission Provider). Nothing in this Agreement is intended to affect any other agreement between the Transmission Owner and the Interconnection Customer. Responsibilities of the Parties The Parties shall perform all obligations of this Agreement in accordance with all Applicable Laws and Regulations, Operating Requirements, and Good Utility Practice. The Interconnection Customer shall construct, interconnect, operate and maintain its Small Generating Facility and construct, operate, and maintain its Interconnection Facilities in accordance with the applicable manufacturer’s recommended maintenance schedule, in accordance with this Agreement, and with Good Utility Practice. The Transmission Owner shall construct, operate, and maintain its Transmission System and Interconnection Facilities in accordance with this Agreement, and with Good Utility Practice. The Interconnection Customer agrees to construct its facilities or systems in accordance with applicable specifications that meet or exceed those provided by the National Electrical Safety Code, the American National Standards Institute, IEEE, Underwriter’s Laboratory, and Operating Requirements in effect at the time of construction and other applicable national and sate codes and standards. The Interconnection Customer agrees to design, install, maintain, and operate its Small Generating Facility so as to reasonably minimize the likelihood of a disturbance adversely affecting or impairing the system or equipment of the Transmission Owner or Affected Systems. Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible for the facilities that it now or subsequently may own unless otherwise specified in the Attachments to the Agreement. Each Party shall be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the point of change of ownership. The Transmission Owner and the Interconnection Customer, as appropriate, shall provide Interconnection Facilities that adequately protect the Transmission Owner’s Transmission System, personnel, and other persons from damage and injury. The allocation of responsibility for the design, installation, operation, maintenance and ownership of Interconnection Facilities shall be delineated in the Attachments to the Agreement. The Transmission Owner shall coordinate with all Affected Systems to support the interconnection.

Scope and Limitations of Agreement. This Agreement shall be used for all Interconnection Requests submitted under the Small Generator Interconnection Procedures (SGIP) except for those submitted under the 10 kW Inverter Process contained in SGIP Attachment 5. The Interconnection Customer owns and operates a 5.0 MW generating facility in Oakfield, Genesee County, New York that already is interconnected to Transmission Owner’s system. This Agreement governs sets forth the terms and conditions under which the Interconnection Customer’s Small Generating Facility will interconnect with, and continue to operate in parallel with, with the Transmission Provider’s Transmission System. This Agreement does not constitute an agreement to purchase or deliver the Interconnection Customer’s power power. The purchase or delivery of power and other services that the Interconnection Customer may require will be covered under separate agreements. The Interconnection Customer will be responsible for separately making all necessary arrangements (including scheduling) for delivery of electricity with the New York Independent System Operator (Transmission Provider), if any. Nothing in this Agreement is intended to affect any other agreement between the Transmission Owner and the Interconnection Customer. Responsibilities of the Parties The Parties shall perform all obligations of this Agreement in accordance with all Applicable Laws and Regulations, Operating Requirements, and Good Utility Practice. The Interconnection Customer shall construct, interconnect, operate and maintain its Small Generating Facility and construct, operate, operate and maintain its Interconnection Facilities in accordance with the applicable manufacturer’s recommended maintenance schedule, in accordance with this Agreement, and with Good Utility Practice. The Transmission Owner shall construct, operate, operate and maintain its Transmission System and Interconnection Facilities in accordance with this Agreement, and with Good Utility Practice. The To the extent that it becomes necessary, pursuant to the terms hereof, to construct new, or upgrade existing, facilities, the Interconnection Customer agrees to construct its facilities or systems in accordance with applicable specifications that meet or exceed those provided by the National Electrical Safety Code, the American National Standards Institute, IEEE, Underwriter’s Laboratory, and Operating Requirements in effect at the time of construction and other applicable national and sate codes and standards. The Interconnection Customer agrees to design, install, maintain, maintain and operate its Small Generating Facility so as to reasonably minimize the likelihood of a disturbance adversely affecting or impairing the system or equipment of the Transmission Owner or Affected Systems. Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible for the facilities that it now or subsequently may own unless otherwise specified in the Attachments to the Agreement. Each Party shall be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the point of change of ownership. The Transmission Owner and the Interconnection Customer, as appropriate, shall provide Interconnection Facilities that adequately protect the Transmission Owner’s Transmission System, personnel, and other persons from damage and injury. The allocation of responsibility for the design, installation, operation, maintenance and ownership of Interconnection Facilities shall be previously have been agreed to and are delineated in the Attachments to the Agreement. The To the extent necessary, the Transmission Owner shall coordinate with all Affected Systems to support the interconnection.

Scope and Limitations of Agreement. This Agreement shall be used for all Interconnection Requests submitted under the Small Generator Interconnection Procedures (SGIP) except for those submitted under the 10 kW Inverter Process contained in SGIP Attachment 5. This Agreement governs the terms and conditions under which the Interconnection Customer’s Small Generating Facility will interconnect with, and operate in parallel with, the Transmission Provider’s Transmission System. Interconnection Customer will receive interconnection service at the Point of Interconnection. Transmission Owner will permit the Small Generating Facility to be interconnected to Transmission Owner’s transmission facilities at the Point of Interconnection, in accordance with the terms and conditions of this Agreement. This Agreement does not constitute an agreement to purchase or deliver the Interconnection Customer’s power power. The purchase or delivery of power and other services that the Interconnection Customer may require will be covered under separate agreements. The Interconnection Customer will be responsible for separately making all necessary arrangements (including scheduling) for delivery of electricity with the New York Independent System Operator (“Transmission Provider”). Nothing in this Agreement is intended to affect any other agreement between the Transmission Owner and the Interconnection Customer. Responsibilities of the Parties The Parties shall perform all obligations of this Agreement in accordance with all Applicable Laws and Regulations, Operating Requirements, and Good Utility Practice. The Interconnection Customer shall construct, interconnect, operate and maintain its Small Generating Facility and construct, operate, and maintain its Interconnection Facilities in accordance with the applicable manufacturer’s recommended maintenance schedule, in accordance with this Agreement, and with Good Utility Practice. The Transmission Owner shall construct, operate, and maintain its Transmission System and Interconnection Facilities in accordance with this Agreement, and with Good Utility Practice. The Interconnection Customer agrees to construct its facilities or systems in accordance with applicable specifications that meet or exceed those provided by the National Electrical Safety Code, the American National Standards Institute, IEEE, Underwriter’s Laboratory, and Operating Requirements in effect at the time of construction and other applicable national and sate state codes and standards. The Interconnection Customer agrees to design, install, maintain, and operate its Small Generating Facility so as to reasonably minimize the likelihood of a disturbance adversely affecting or impairing the system or equipment of the Transmission Owner or Affected Systems. Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible for the facilities that it now or subsequently may own unless otherwise specified in the Attachments to the Agreement. Each Party shall be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the point of change of ownership. The Transmission Owner and the Interconnection Customer, as appropriate, shall provide Interconnection Facilities that adequately protect the Transmission Owner’s Transmission System, personnel, and other persons from damage and injury. The allocation of responsibility for the design, installation, operation, maintenance and ownership of Interconnection Facilities shall be delineated in the Attachments to the Agreement. The Transmission Owner shall coordinate with all Affected Systems to support the interconnection.

Scope and Limitations of Agreement. This Agreement is intended to provide for the Interconnection Customer to interconnect at the Point of Common Coupling and operate a Distributed Energy Resource with a Nameplate Rating of 10 Megawatts (MW) or less in parallel with the Area EPS at the location identified above and in the Interconnection Application. This Agreement shall be used for all Interconnection Requests Applications submitted under the Small Generator Minnesota Distributed Energy Resources Interconnection Procedures Process (SGIPMN DIP) except for those submitted and processed under the 10 kW Inverter Simplified Process contained in SGIP Attachment 5MN DIP Section 2 or qualify and chooses under MN DIP Section 1.1.5 for the Uniform Statewide Contract to replace the need for this Agreement. This Agreement governs the terms and conditions under which the Interconnection Customer’s Small Generating Facility Distributed Energy Resource will interconnect with, and operate in parallel with, the Transmission ProviderArea EPS Operator’s Transmission Distribution System. Capitalized terms used herein shall have the meanings specified in the Glossary of Terms in Attachment 1, the MN DIP, or the body of this Agreement. This Agreement does not constitute an agreement to purchase or deliver the Interconnection Customer’s power power. The purchase or delivery of power and other services that the Interconnection Customer may require will be covered under separate agreements, if any. The Interconnection Customer will be responsible for separately making all necessary arrangements (including scheduling) for delivery of electricity with the New York Independent System Operator (Transmission Provider)applicable Area EPS Operator. Nothing in this Agreement is intended to affect any other agreement between the Transmission Owner Area EPS Operator and the Interconnection Customer. Responsibilities of the Parties The Parties shall perform all obligations of this Agreement in accordance with the MN DIP, Minnesota Technical Requirements, all Applicable Laws and Regulations, Operating Requirements, and Good Utility Practice. The Interconnection Customer shall construct, interconnect, operate and maintain its Small Generating Facility Distributed Energy Resource and construct, operate, and maintain its Interconnection Facilities in accordance with the applicable manufacturer’s recommended maintenance scheduleschedule and, in accordance with this Agreement, and with Good Utility Practice. The Transmission Owner Area EPS Operator shall construct, operate, and maintain its Transmission Distribution System and its Interconnection Facilities in accordance with this Agreement, and with Good Utility Practice. The Interconnection Customer agrees to construct its facilities or systems in accordance with the Minnesota Technical Requirements and this Agreement; including, applicable specifications that meet or exceed those provided by the National Electrical Safety Code, the American National Standards Institute, IEEE, Underwriter’s Laboratory, and Operating Requirements in effect at the time of construction and other applicable national and sate state codes and standards. The Interconnection Customer agrees to design, install, maintain, and operate its Small Generating Facility Distributed Energy Resource so as to reasonably minimize the likelihood of a disturbance adversely affecting or impairing the system or equipment of the Transmission Owner or Area EPS Operator and any Affected Systems. Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible for the facilities that it now owns or subsequently may own owns unless otherwise specified in the Attachments to the this Agreement. Each Party shall be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the point of change of ownershipcommon coupling. The Transmission Owner Area EPS Operator and the Interconnection Customer, as appropriate, shall provide Interconnection Facilities that adequately protect the Transmission OwnerArea EPS Operator’s Transmission Distribution System, personnel, and other persons from damage and injury. The allocation of responsibility for the design, installation, operation, maintenance and ownership of Interconnection Facilities shall be delineated in the Attachments to the this Agreement. The Transmission Owner Area EPS Operator shall coordinate with all Affected Systems to support the interconnection. Parallel Operation Obligations Once the Distributed Energy Resource has been authorized to commence parallel operation, the Interconnection Customer shall abide by all rules and procedures pertaining to the parallel operation of the Distributed Energy Resource in the applicable control area, including, but not limited to; 1) the rules and procedures concerning the operation of generation set forth in the Tariff or by the applicable system operator(s) for the Area EPS Operator’s Distribution System provided or referenced in an attachment to this Agreement and; 2) the Operating Requirements set forth in Attachment 5 of this Agreement. The Minnesota Technical Requirements for interconnection are covered in a separate document, a copy of which has been made available to the Interconnection Customer and incorporated and made part of this Agreement by this reference. Metering As described in MN DIP 5.4, the Interconnection Customer shall be responsible for the Area EPS Operator’s reasonable and necessary cost for the purchase, installation, operation, maintenance, testing, repair, and replacement of metering and data acquisition equipment specified in Attachments 2 and 3 of this Agreement. The Interconnection Customer’s metering (and data acquisition, as required) equipment shall conform to applicable industry rules and Operating Requirements.