Appendix D - BC Hydro - Transmission

(11) Interconnection Customer shall deliver to Transmission Provider "asbuilt"drawings, information, and any other documents that are reasonablyrequired by Transmission Provider to assure that the InterconnectionFacilities and Stand-Alone Network Upgrades are built to the standardsand specifications required by Transmission Provider.5.3 Liquidated Damages. The actual damages to Interconnection Customer, in the eventTransmission Provider’s Interconnection Facilities or Network Upgrades are notcompleted by the dates designated by Interconnection Customer and accepted byTransmission Provider pursuant to subparagraphs 5.1.2 or 5.1.4, above, may includeInterconnection Customer’s fixed operation and maintenance costs and lost opportunitycosts. Such actual damages are uncertain and impossible to determine at this time.Because of such uncertainty, any liquidated damages paid by Transmission Provider toInterconnection Customer in the event that Transmission Provider does not complete anyportion of Transmission Provider’s Interconnection Facilities or Network Upgrades bythe applicable dates, shall be an amount equal to ½ of 1 percent per day of the actual costof Transmission Provider’s Interconnection Facilities and Network Upgrades, in theaggregate, for which Transmission Provider has assumed responsibility to design, procureand construct.Reserved.However, in no event shall the total liquidated damages exceed 20 percent of the actualcost of Transmission Provider’s Interconnection Facilities and Network Upgrades forwhich Transmission Provider has assumed responsibility to design, procure, andconstruct. The foregoing payments will be made by Transmission Provider toInterconnection Customer as just compensation for the damages caused toInterconnection Customer, which actual damages are uncertain and impossible todetermine at this time, and as reasonable liquidated damages, but not as a penalty or amethod to secure performance of this LGIA. Liquidated damages, when the Parties agreeto them, are the exclusive remedy for the Transmission Provider’s failure to meet itsschedule.No liquidated damages shall be paid to Interconnection Customer if: (1) InterconnectionCustomer is not ready to commence use of Transmission Provider’s InterconnectionFacilities or Network Upgrades to take the delivery of power for the Large GeneratingFacility’s Trial Operation or to export power from the Large Generating Facility on thespecified dates, unless Interconnection Customer would have been able to commence useof Transmission Provider’s Interconnection Facilities or Network Upgrades to take thedelivery of power for Large Generating Facility’s Trial Operation or to export powerfrom the Large Generating Facility, but for Transmission Provider’s delay; (2)Transmission Provider’s failure to meet the specified dates is the result of the action orinaction of Interconnection Customer or any other Interconnection Customer who hasentered into an LGIA with Transmission Provider or any cause beyond TransmissionProvider’s reasonable control or reasonable ability to cure; (3) the interconnectionCustomer has assumed responsibility for the design, procurement and construction ofTransmission Provider’s Interconnection Facilities and Stand Alone Network Upgrades;or (4) the Parties have otherwise agreed.- 19 -DM_VAN/BCT0007-BCT00129/6206155.10