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Appendix D - BC Hydro - Transmission

Appendix D - BC Hydro - Transmission

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5.17.9 Taxes Other Than Income Taxes. Upon the timely request byInterconnection Customer, and at Interconnection Customer’s sole expense,<strong>Transmission</strong> Provider may appeal, protest, seek abatement of, or otherwisecontest any tax (other than federal or state income tax) asserted or assessedagainst <strong>Transmission</strong> Provider for which Interconnection Customer may berequired to reimburse <strong>Transmission</strong> Provider under the terms of this LGIA.Interconnection Customer shall pay to <strong>Transmission</strong> Provider on a periodicbasis, as invoiced by <strong>Transmission</strong> Provider, <strong>Transmission</strong> Provider'sdocumented reasonable costs of prosecuting such appeal, protest, abatement, orother contest. Interconnection Customer and <strong>Transmission</strong> Provider shallcooperate in good faith with respect to any such contest. Unless the paymentof such taxes is a prerequisite to an appeal or abatement or cannot be deferred,no amount shall be payable by Interconnection Customer to <strong>Transmission</strong>Provider for such taxes until they are assessed by a final, non-appealable orderby any court or agency of competent jurisdiction. In the event that a taxpayment is withheld and ultimately due and payable after appeal,Interconnection Customer will be responsible for all taxes, interest andpenalties, other than penalties attributable to any delay caused by <strong>Transmission</strong>Provider.5.17.10 <strong>Transmission</strong> Owners Who Are Not <strong>Transmission</strong> Providers. If<strong>Transmission</strong> Provider is not the same entity as the <strong>Transmission</strong> Owner, then(i) all references in this Article 5.17 to <strong>Transmission</strong> Provider shall be deemedalso to refer to and to include the <strong>Transmission</strong> Owner, as appropriate, and (ii)this LGIA shall not become effective until such <strong>Transmission</strong> Owner shallhave agreed in writing to assume all of the duties and obligations of<strong>Transmission</strong> Provider under this Article 5.17 of this LGIA.5.18 Tax Status. Each Party shall cooperate with the other to maintain the other Party's taxstatus. Nothing in this LGIASGIA is intended to adversely affect any <strong>Transmission</strong>Provider's tax exempt status with respect to the issuance of bonds including, but notlimited to, Local Furnishing Bonds.5.19 Modification.5.19.1 General. Either Party may undertake modifications to its facilities. If a Partyplans to undertake a modification that reasonably may be expected to affect theother Party's facilities, that Party shall provide to the other Party sufficientinformation regarding such modification so that the other Party may evaluatethe potential impact of such modification prior to commencement of the work.Such information shall be deemed to be confidential hereunder and shallinclude information concerning the timing of such modifications and whethersuch modifications are expected to interrupt the flow of electricity from theLarge Generating Facility. The Party desiring to perform such work shallprovide the relevant drawings, plans, and specifications to the other Party atleast ninety (90) Calendar Days in advance of the commencement of the work- 29 -DM_VAN/<strong>BC</strong>T0007-<strong>BC</strong>T00129/6206155.10

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