small generator interconnection agreement - Southern California ...
small generator interconnection agreement - Southern California ... small generator interconnection agreement - Southern California ...
Page No. 20Party. Upon a Default, the affected non-defaulting Party(ies) shall givewritten notice of such Default to the defaulting Party. Except as providedin Article 7.6.2 and in Article 6.4.2, the defaulting Party shall have sixty(60) calendar days from receipt of the Default notice within which to curesuch Default; provided however, if such Default is not capable of curewithin sixty (60) calendar days, the defaulting Party shall commence suchcure within twenty (20) calendar days after notice and continuously anddiligently complete such cure within six months from receipt of the Defaultnotice; and, if cured within such time, the Default specified in such noticeshall cease to exist.7.6.2 If a Default is not cured as provided in this article, or if a Default is notcapable of being cured within the period provided for herein, the affectednon-defaulting Party(ies) shall have the right to terminate this Agreementby written notice at any time until cure occurs, and be relieved of anyfurther obligation hereunder and, whether or not such Party(ies)terminates this Agreement, to recover from the defaulting Party allamounts due hereunder, plus all other damages and remedies to which itis entitled at law or in equity. The provisions of this article will survivetermination of this Agreement.ARTICLE 8. INSURANCE8.1 The Interconnection Customer shall, at its own expense, maintain in forcegeneral liability insurance without any exclusion for liabilities related to theinterconnection undertaken pursuant to this Agreement. The amount of suchinsurance shall be sufficient to insure against all reasonably foreseeable directliabilities given the size and nature of the generating equipment beinginterconnected, the interconnection itself, and the characteristics of the system towhich the interconnection is made. The Interconnection Customer shall obtainadditional insurance only if necessary as a function of owning and operating aGenerating Facility. Such insurance shall be obtained from an insuranceprovider authorized to do business in the State where the interconnection islocated. Certification that such insurance is in effect shall be provided uponrequest of the Participating TO or CAISO, except that the InterconnectionCustomer shall show proof of insurance to the Participating TO and CAISO nolater than ten (10) Business Days prior to the anticipated Commercial OperationDate. If the Interconnection Customer is of sufficient credit-worthiness, it maypropose to self-insure for such liabilities, and such a proposal shall not beunreasonably rejected.8.2 The Participating TO agrees to maintain general liability insurance or selfinsuranceconsistent with the Participating TO’s commercial practice. Suchinsurance or self-insurance shall not exclude coverage for the Participating TO'sliabilities undertaken pursuant to this Agreement.
Page No. 218.3 The CAISO agrees to maintain general liability insurance or self-insuranceconsistent with the CAISO’s commercial practice. Such insurance shall notexclude coverage for the CAISO’s liabilities undertaken pursuant to thisAgreement.8.4 The Parties further agree to notify each other whenever an accident or incidentoccurs resulting in any injuries or damages that are included within the scope ofcoverage of such insurance, whether or not such coverage is sought.ARTICLE 9. CONFIDENTIALITY9.1 Confidential Information shall mean any confidential and/or proprietaryinformation provided by one Party to another Party that is clearly marked orotherwise designated "Confidential." For purposes of this Agreement all design,operating specifications, and metering data provided by the InterconnectionCustomer shall be deemed Confidential Information regardless of whether it isclearly marked or otherwise designated as such.9.2 Confidential Information does not include information previously in the publicdomain, required to be publicly submitted or divulged by GovernmentalAuthorities (after notice to the other Parties and after exhausting any opportunityto oppose such publication or release), or necessary to be divulged in an actionto enforce this Agreement. Each Party receiving Confidential Information shallhold such information in confidence and shall not disclose it to any third party norto the public without the prior written authorization from the Party providing thatinformation, except to fulfill obligations under this Agreement, or to fulfill legal orregulatory requirements.9.2.1 Each Party shall employ at least the same standard of care to protectConfidential Information obtained from the other Parties as it employs toprotect its own Confidential Information.9.2.2 Each Party is entitled to equitable relief, by injunction or otherwise, toenforce its rights under this provision to prevent the release of ConfidentialInformation without bond or proof of damages, and may seek otherremedies available at law or in equity for breach of this provision.9.3 Notwithstanding anything in this article to the contrary, and pursuant to 18 CFR §1b.20, if FERC, during the course of an investigation or otherwise, requestsinformation from one of the Parties that is otherwise required to be maintained inconfidence pursuant to this Agreement, the Party shall provide the requestedinformation to FERC, within the time provided for in the request for information.In providing the information to FERC, the Party may, consistent with 18 CFR §388.112, request that the information be treated as confidential and non-public byFERC and that the information be withheld from public disclosure. Parties areprohibited from notifying the other Parties to this Agreement prior to the releaseof the Confidential Information to FERC. The Party shall notify the other Parties
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- Page 28 and 29: Page No. 14this Agreement is in eff
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Page No. 20Party. Upon a Default, the affected non-defaulting Party(ies) shall givewritten notice of such Default to the defaulting Party. Except as providedin Article 7.6.2 and in Article 6.4.2, the defaulting Party shall have sixty(60) calendar days from receipt of the Default notice within which to curesuch Default; provided however, if such Default is not capable of curewithin sixty (60) calendar days, the defaulting Party shall commence suchcure within twenty (20) calendar days after notice and continuously anddiligently complete such cure within six months from receipt of the Defaultnotice; and, if cured within such time, the Default specified in such noticeshall cease to exist.7.6.2 If a Default is not cured as provided in this article, or if a Default is notcapable of being cured within the period provided for herein, the affectednon-defaulting Party(ies) shall have the right to terminate this Agreementby written notice at any time until cure occurs, and be relieved of anyfurther obligation hereunder and, whether or not such Party(ies)terminates this Agreement, to recover from the defaulting Party allamounts due hereunder, plus all other damages and remedies to which itis entitled at law or in equity. The provisions of this article will survivetermination of this Agreement.ARTICLE 8. INSURANCE8.1 The Interconnection Customer shall, at its own expense, maintain in forcegeneral liability insurance without any exclusion for liabilities related to the<strong>interconnection</strong> undertaken pursuant to this Agreement. The amount of suchinsurance shall be sufficient to insure against all reasonably foreseeable directliabilities given the size and nature of the generating equipment beinginterconnected, the <strong>interconnection</strong> itself, and the characteristics of the system towhich the <strong>interconnection</strong> is made. The Interconnection Customer shall obtainadditional insurance only if necessary as a function of owning and operating aGenerating Facility. Such insurance shall be obtained from an insuranceprovider authorized to do business in the State where the <strong>interconnection</strong> islocated. Certification that such insurance is in effect shall be provided uponrequest of the Participating TO or CAISO, except that the InterconnectionCustomer shall show proof of insurance to the Participating TO and CAISO nolater than ten (10) Business Days prior to the anticipated Commercial OperationDate. If the Interconnection Customer is of sufficient credit-worthiness, it maypropose to self-insure for such liabilities, and such a proposal shall not beunreasonably rejected.8.2 The Participating TO agrees to maintain general liability insurance or selfinsuranceconsistent with the Participating TO’s commercial practice. Suchinsurance or self-insurance shall not exclude coverage for the Participating TO'sliabilities undertaken pursuant to this Agreement.
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