Appendix D - BC Hydro - Transmission

2.3.4 2.3.3 Notwithstanding Articles 2.3.1 and 2.3.2,through 2.3.3, no terminationshall become effective until the Parties have complied with all ApplicableLaws and Regulations applicable to such termination, including the filing withFERCthe Commission of a notice of termination of this LGIASGIA, ifrequired, which notice has been accepted for filing by FERCthe Commission.2.4 Termination Costs. If a Party elects to terminate this Agreement pursuant to Article 2.3above, each Party shall pay all costs incurred (including any cancellation costs relating toorders or contracts for Interconnection Facilities and equipment) or charges assessed bythe other Party, as of the date of the other Party’s receipt of such notice of termination,that are the responsibility of the Terminatingterminating Party under this LGIASGIA. Inthe event of termination by a Party, the Parties shall use commercially Reasonable Effortsto mitigate the costs, damages and charges arising as a consequence of termination.Upon termination of this LGIASGIA, unless otherwise ordered or approved by FERCtheCommission:2.4.1 With respect to any portion of Transmission Provider’s InterconnectionFacilities that have not yet been constructed or installed, TransmissionProvider shall to the extent possible and with Interconnection Customer’sauthorization cancel any pending orders of, or return, any materials orequipment for, or contracts for construction of, such facilities; provided that inthe event Interconnection Customer elects not to authorize such cancellation,Interconnection Customer shall assume all payment obligations with respect tosuch materials, equipment, and contracts, and Transmission Provider shalldeliver such material and equipment, and, if necessary, assign such contracts,to Interconnection Customer as soon as practicable, at InterconnectionCustomer’s expense. To the extent that Interconnection Customer has alreadypaid Transmission Provider for any or all such costs of materials or equipmentnot taken by Interconnection Customer, Transmission Provider shall promptlyrefund such amounts to Interconnection Customer, less any costs, includingpenalties incurred by Transmission Provider to cancel any pending orders of orreturn such materials, equipment, or contracts.If an Interconnection Customer terminates this LGIASGIA, it shall beresponsible for all costs incurred in association with that InterconnectionCustomer’s interconnection, including any cancellation costs relating to ordersor contracts for Interconnection Facilities and equipment, and other expensesincluding any Network Upgrades for which Transmission Provider hasincurred expenses and has not been reimbursed by Interconnection Customer.2.4.2 Transmission Provider may, at its option, retain any portion of such materials,equipment, or facilities that Interconnection Customer chooses not to acceptdelivery of, in which case Transmission Provider shall be responsible for allcosts associated with procuring such materials, equipment, or facilities.2.4.3 With respect to any portion of the Interconnection Facilities, and any otherfacilities already installed or constructed pursuant to the terms of this- 11 -DM_VAN/BCT0007-BCT00129/6206155.10