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Power Purchase Agreement Page 6
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5.2 Permits and Licenses. Developer, at its sole cost and expense, shall acquire
and maintain in effect all permits, licenses and approvals required by all local agencies,
commissions and authorities with jurisdiction over Developer or the Project, so that
Developer may lawfully perform its obligations under this Agreement.
5.3 Credits, Grants, and Preferences. Developer shall be responsible for
applying for and obtaining any available and applicable tax credits, grants, loans or
preferences from governmental or other institutions. Utility shall cooperate with
Developer by providing requested documentation or other confirmation relating to the
Project or to this Agreement, subject to the confidentiality terms of Paragraph 16.4
6.1 Developers Responsibilities. In accordance with the requirements of
Schedule 4 (Interconnection), Developer shall design, construct, install, commission,
operate and maintain the Interconnection Facilities, and any parts thereof, in accordance
with the terms of this Agreement. Developer shall design, construct, install,
commission, own, operate and maintain all auxiliary and interconnecting equipment on
the Developer's side of the Interconnection Point, provided that Utility shall have the
right to view such equipment and to object to the use of any equipment if, in the
reasonable opinion of Utility, the use of such equipment would adversely affect Utility's
grid or system. Developer's Interconnection Facilities shall be connected to Utility's
Grid by means of suitable switchgear and protective devices.
6.2 Utilitys Responsibilities. Utility will use its best endeavour to assist the
Developer in obtaining, in a timely manner and at a reasonable cost, all permits,
permissions and way leaves necessary for the construction of any new transmission lines
and associated equipment. Such assistance not to be unreasonably withheld. The
reasonable expenses of Utility’s assistance shall be the responsibility of Developer.
6.3 Required Transmission Lines. The Developer will be responsible for the
design, construction, installation and commissioning of any new transmission lines (and
associated switchgear and protective devices) needed to connect the Project to Utility’s
Grid. Upon completion and commissioning of any such transmission line and associated
equipment, Utility shall own, operate and maintain the line and associated equipment.
However, Utility shall reimburse Developer a fair portion of Developers capital
contribution to construction of the new transmission line and associated equipment, if
there is subsequently additional use of the line by others. Utility shall obtain permission
for such use by others from Developer, which permission shall not be unreasonably
6.4 Access to Project. Developer shall permit Utility such access to the Project
as Utility shall require for the testing of Interconnection Facilities and Developer shall
cooperate with Utility in such testing, provided that no testing carried out by Utility shall
impose upon Utility any liability, or relieve Developer from any liability that it would
otherwise have had for its negligence or other wrongful act in the design, construction,
operation or maintenance of the Interconnection Facilities.
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