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Appendix D - BC Hydro - Transmission

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with the provisions of this LGIASGIA for a reason other than a Force Majeure event.The Parties agree to cooperate with each other and provide necessary informationregarding such inability to comply, including the date, duration, reason for the inability tocomply, and corrective actions taken or planned to be taken with respect to such inabilityto comply. Notwithstanding the foregoing, notification, cooperation or informationprovided under this articleArticle shall not entitle the Party receiving such notification toallege a cause for anticipatory breach of this LGIASGIA.25.3 Audit Rights. Subject to the requirements of confidentiality under Article 22. 22 of thisLGIASGIA, each Party shall have the right, during normal business hours, and upon priorreasonable notice to the other Party, to audit at its own expense the other Party's accountsand records pertaining to either Party's performance or either Party's satisfaction ofobligations under this LGIASGIA. Such audit rights shall include audits of the otherParty's costs, calculation of invoiced amounts, <strong>Transmission</strong> Provider's efforts to allocateresponsibility for the provision of reactive support to the <strong>Transmission</strong> System,<strong>Transmission</strong> Provider's efforts to allocate responsibility for interruption or reduction ofgeneration on the <strong>Transmission</strong> System, and each Party's actions in an EmergencyCondition. Any audit authorized by this articleArticle shall be performed at the officeswhere such accounts and records are maintained and shall be limited to those portions ofsuch accounts and records that relate to each Party's performance and satisfaction ofobligations under this LGIASGIA. Each Party shall keep such accounts and records for aperiod equivalent to the audit rights periods described in Article 25.4.25.4 Audit Rights Periods.25.4.1 Audit Rights Period for Construction-Related Accounts and Records.Accounts and records related to the design, engineering, procurement, andconstruction of <strong>Transmission</strong> Provider's Interconnection Facilities andNetwork Upgrades shall be subject to audit for a period of twenty-four monthsfollowing <strong>Transmission</strong> Provider's issuance of a final invoice in accordancewith Article 12.2.25.4.2 Audit Rights Period for All Other Accounts and Records. Accounts andrecords related to either Party’s performance or satisfaction of all obligationsunder this LGIASGIA other than those described in Article 25.4.1 shall besubject to audit as follows: (i) for an audit relating to cost obligations, theapplicable audit rights period shall be twenty-four months after the auditingParty's receipt of an invoice giving rise to such cost obligations; and (ii) for anaudit relating to all other obligations, the applicable audit rights period shall betwenty-four months after the event for which the audit is sought.25.5 Audit Results. If an audit by a Party determines that an overpayment or anunderpayment has occurred, a notice of such overpayment or underpayment shall begiven to the other Party together with those records from the audit which support suchdetermination.- 59 -DM_VAN/<strong>BC</strong>T0007-<strong>BC</strong>T00129/6206155.10

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