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 <strong>Transmission</strong> Provider’s InterconnectionFacilities that have not yet been constructed or installed, <strong>Transmission</strong>Provider 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 <strong>Transmission</strong> 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 <strong>Transmission</strong> Provider for any or all such costs of materials or equipmentnot taken by Interconnection Customer, <strong>Transmission</strong> Provider shall promptlyrefund such amounts to Interconnection Customer, less any costs, includingpenalties incurred by <strong>Transmission</strong> 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 <strong>Transmission</strong> Provider hasincurred expenses and has not been reimbursed by Interconnection Customer.2.4.2 <strong>Transmission</strong> 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 <strong>Transmission</strong> 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/<strong>BC</strong>T0007-<strong>BC</strong>T00129/6206155.10
LGIASGIA, Interconnection Customer shall be responsible for all costsassociated with the removal, relocation or other disposition or retirement ofsuch materials, equipment, or facilities.2.5 Disconnection. Upon termination of this LGIASGIA, the Parties will take allappropriate steps to disconnect the Large Generating Facility from the <strong>Transmission</strong>System. All costs required to effectuate such disconnection shall be borne by theterminating Party, unless such termination resulted from the non-terminating Party’sDefault of this LGIASGIA or such non-terminating Party otherwise is responsible forthese costs under this LGIASGIA.2.6 Survival. This LGIASGIA shall continue in effect after termination to the extentnecessary to provide for final billings and payments and for costs incurred hereunder,including billings and payments pursuant to this LGIASGIA; to permit the determinationand enforcement of liability and indemnification obligations arising from acts or eventsthat occurred while this LGIASGIA was in effect; as provided in Section 11.4.2; and topermit each Party to have access to the lands of the other Party pursuant to thisLGIASGIA or other applicable agreements, to disconnect, remove or salvage its ownfacilities and equipment.Article 3Article 3. . Regulatory Filings3.1 Filing. <strong>Transmission</strong> Provider shall file this LGIASGIA (and any amendment hereto)with the appropriate Governmental Authority, if required. Interconnection Customer mayrequest that any information so provided be subject to the confidentiality provisions ofArticle 22. If Interconnection Customer has executed this LGIASGIA, or anyamendment thereto, the Interconnection Customer shall reasonably cooperate with<strong>Transmission</strong> Provider with respect to such filing and to provide any informationreasonably requested by <strong>Transmission</strong> Provider needed to comply with applicableregulatory requirements.Article 4Article 4. . Scope ofOf Service4.1 Interconnection Product Options. Interconnection Customer has selected the following(checked) type of Interconnection Service:4.1.1 Energy Resource Interconnection Service.4.1.1.1 The Product. Energy Resource Interconnection Service allowsInterconnection Customer to connect the Large Generating Facilityto the <strong>Transmission</strong> System and be eligible to deliver the LargeGenerating Facility's output using the existing firm or non-firmcapacity of the <strong>Transmission</strong> System on an "as available" basis. Tothe extent Interconnection Customer wants to receive EnergyResource Interconnection Service, <strong>Transmission</strong> Provider shallconstruct facilities identified in Attachment A.- 12 -DM_VAN/<strong>BC</strong>T0007-<strong>BC</strong>T00129/6206155.10
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TABLE OF CONTENTS(continued)PageSec
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TABLE OF CONTENTSPageSection 1.Defi
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Effective Date shall mean the date
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Provider's Transmission System. Int
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sale to third parties or otherwise
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2.3 Base Case Data.Transmission Pro
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3.3 Valid Interconnection Request.L
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Interconnection Requests that have
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4.2 Clustering.At Transmission Prov
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4.4.1 Permitted Modifications Befor
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as of the effective date of this LG
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6.3 Interconnection Feasibility Stu
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case of Clustering, the Interconnec
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Transmission Provider may invoice I
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interconnection, which cannot be mi
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11.2 Negotiation.Notwithstanding Se
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completion of Network Upgrades that
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ecomes, publicly known, through no
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usiness or financial relationships
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29.1.5 Ensure that information is b
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LGIA shall limit the rights of the
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Appendix B to LGIASGIAMilestones- 6
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Appendix D to LGIASGIASecurity Arra
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Appendix FE to LGIASGIAAddresses fo
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Section IV of Annex A thereof, and,
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Appendix G to SGIADispute Resolutio
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Appendix H to SGIATransmission Owne
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Document comparison done by DeltaVi