Transmission Interconnection Agreement” means the interconnection “PacifiCorp agreement between Developer and PacifiCorp Transmission that is in conformance with the requirements of PacifiCorp’s Open Access Transmission Tariff filed with the Federal Energy Regulatory Commission (or any successor thereto), as the same may be amended. and shall have the meanings set forth in the preamble of this “Party” “Parties” Agreement. Guarantees” means the performance guarantees that are required to be “Performance demonstrated during the Performance Tests as a condition to Substantial Completion or otherwise, all as set forth in Appendix AA. Liquidated Damages” shall have the meaning set forth in Section 24.4. “Performance Test” or Tests” means the performance tests specified in “Performance “Performance Appendix AA. Liens” means [______________________]. “Permitted means any authorization, approval, consent, waiver, exception, variance, order, “Permit” publication, license, filing, registration, ruling, permit, tariff, certification, exemption and other action, requirement by or with, and notice to and declarations of or with, any Governmental Authority. any natural person, corporation, general or limited partnership, limited “Person” liability company, firm, joint venture, estate, association, trust, government, governmental agency or any other entity, whether acting in an individual, fiduciary or other capacity. Taxes” means Taxes of Developer, or with respect to the Project, for any “Pre-Closing Pre-Closing Tax Period. Taxes for a Straddle Period shall be allocated to the Pre-Closing Tax Period (a) ratably based on the number of days in the Straddle Period that are in the Pre-Closing Tax Period if they are imposed on a periodic basis and (b) based on an interim closing of the books if they are based upon or related to income or receipts. Tax Period” means a taxable period or a portion thereof that ends on or “Pre-Closing before the Closing Date. Performance Test Report” shall have the meaning set forth in Section “Preliminary 18.6(a). Construction Contracts” means the EPC Contract, any contract or agreement “Primary between Contractor and any Subcontractor, and all agreements and documents referenced therein.
“PacifiCorp Transmission Interconnection Agreement” means the interconnection agreement between Developer and PacifiCorp Transmission that is in conformance with the requirements of PacifiCorp’s Open Access Transmission Tariff filed with the Federal Energy Regulatory Commission (or any successor thereto), as the same may be amended. “Party” and “Parties” shall have the meanings set forth in the preamble of this Agreement. “Performance Guarantees” means the performance guarantees that are required to be demonstrated during the Performance Tests as a condition to Substantial Completion or otherwise, all as set forth in Appendix AA. “Performance Liquidated Damages” shall have the meaning set forth in Section 24.4. “Performance Test” or “Performance Tests” means the performance tests specified in Appendix AA. “Permitted Liens” means [______________________]. “Permit” means any authorization, approval, consent, waiver, exception, variance, order, publication, license, filing, registration, ruling, permit, tariff, certification, exemption and other action, requirement by or with, and notice to and declarations of or with, any Governmental Authority. “Person” any natural person, corporation, general or limited partnership, limited liability company, firm, joint venture, estate, association, trust, government, governmental agency or any other entity, whether acting in an individual, fiduciary or other capacity. “Pre-Closing Taxes” means Taxes of Developer, or with respect to the Project, for any Pre-Closing Tax Period. Taxes for a Straddle Period shall be allocated to the Pre-Closing Tax Period (a) ratably based on the number of days in the Straddle Period that are in the Pre-Closing Tax Period if they are imposed on a periodic basis and (b) based on an interim closing of the books if they are based upon or related to income or receipts. “Pre-Closing Tax Period” means a taxable period or a portion thereof that ends on or before the Closing Date. “Preliminary Performance Test Report” shall have the meaning set forth in Section 18.6(a). “Primary Construction Contracts” means the EPC Contract, any contract or agreement between Contractor and any Subcontractor, and all agreements and documents referenced therein.
BTA-Appendices_A-BB_dated_06-15-2017.docx