S&B-37: Does the failure of the transmission owner to complete construction related to interconnection of the Project qualify as a Force Majeure event under the Solar REC Contract?

As stated in Article 6 of the Solar REC Contract, “Force Majeure may include delays in the establishment by the Project of an operating interconnection with the applicable transmission or distribution system as a result of the actions or inactions of the transmission or distribution provider, provided Seller can demonstrate to Buyer that such delay is not primarily attributable to Seller’s failure to make in a timely manner a formal request for interconnection to such transmission or distribution provider or to provide in a timely manner the information or payment required by such transmission or distribution provider.”  Each Bidder must assess and evaluate the term of the REC Contract.