Definition of an "Into Product"
"Into ______________'s (the "Receiving Transmission Provider") Transmission System Border, Seller's Daily Choice" means that subject to the provisions set forth below (1) the Product will be delivered either (a) to an interface on the Receiving Transmission Provider's transmission system border or (b) to an interface from a source of generation within the control area of the Receiving Transmission Provider provided the Energy is generated from a source within the Receiving Transmission Provider's control area; and (2) Seller has the right on a daily prescheduled basis to designate the interface at which the Energy will be delivered.  Notwithstanding the foregoing, an "Into" Product shall be subject to the following provisions:
1.	Scheduling.  Subject to the requirements set forth in Section 6, not later than the scheduling deadline agreed to by Buyer and Seller, or in the absence thereof, in accordance with the practice of the Receiving Transmission Provider (the "Scheduling Deadline"), Seller shall notify Buyer ("Seller's Notification") of the interface at which Seller will deliver the Energy for the next delivery day (the "Designated Interface").  Seller shall have the right to choose any interface satisfying the requirements set forth in 1(a) or 1(b) of the first paragraph above as the Designated Interface.
2.	Availability of Transmission.  Buyer must accept Seller's Designated Interface unless transmission (firm or non-firm) ("Transmission") within the Receiving Transmission Provider's system is not available to Buyer.  In order to determine availability of Transmission, the following definitions and procedures shall be recognized:
A.	A "Timely Request for Transmission" shall mean a request for Transmission made by Buyer in accordance with the controlling tariff procedures, which properly completed request shall be submitted to the Receiving Transmission Provider no later than 15 minutes after the time of delivery of Seller's Notification, provided, however, if the Receiving Transmission Provider is not accepting requests for Transmission at the time of Seller's Notification, then such request by Buyer shall be made within 15 minutes of the time at which the Receiving Transmission Provider first opens thereafter for purposes of accepting requests for Transmission.
B.	If a Timely Request for Transmission is made by Buyer and is accepted by the Receiving Transmission Provider and Buyer purchases such Transmission, then the rights and obligations of Buyer and Seller are those set forth in Section 3A.
C.	If a Timely Request for Transmission is made by Buyer but is rejected by the Receiving Transmission Provider on the basis that no Transmission is available, then the rights and obligations of the Buyer and Seller are those set forth in Section 3B.
D.	If a Timely Request for Transmission is not made by Buyer or if Buyer fails to timely deliver Buyer's Rejection Notice (defined in Section 3B) to Seller, then the rights and obligations of the Buyer and Seller are those set forth in Section 3C.
3.	Rights of Buyer and Seller Depending upon Availability of/Timely Request for Transmission. 
A.	Timely Request for Transmission made by Buyer, Accepted by the Receiving Transmission Provider and Purchased by Buyer. If a Timely Request for Transmission is made by Buyer and is accepted by the Receiving Transmission Provider and Buyer purchases such Transmission, then Seller shall deliver and Buyer shall receive the Energy at the Designated Interface. 
i.	If for any reason, other than Buyer’s failure to purchase a priority of Transmission equal to or greater than the priority to be used by Seller for such Transaction, and the priority purchased by Buyer is subject to a halt or curtailment, Seller is unable to deliver, or Buyer is unable to receive, the Energy at the Designated Interface (or any subsequently selected Alternate Designated Interfaces), then Seller shall be obligated to designate an alternate interface (the "Alternate Designated Interface") to an interface on the Receiving Transmission Provider's transmission system such that Seller's obligation to deliver the Energy to Buyer can be satisfied and Buyer can receive the Energy.   NOTE:  While we discussed the following concept, I’m not sure whether a majority of people agreed to it:  Notwithstanding the preceding sentence, in the event that (i) Seller secured Firm Transmission at the Designated Interface, (ii) the Buyer requests Seller to designate an Alternate Designated Interface after 11:45 A.M. C.S.T., and (iii) Seller cannot secure such Firm Transmission at an Alternate Designated Interface but can secure non-firm transmission, then in the event of a halt or curtailment of transmission to the Alternate Designated Interface, both Buyer and Seller shall be deemed to have satisfied their obligations and neither party shall be liable for damages pursuant to Article 4 of the Master Agreement. 
ii.	In the event that Seller is unable to deliver, or Buyer is unable to receive, the Energy at the Designated Interface (or any subsequently selected Alternate Designated Interfaces) because of (i) a curtailment or halt and Buyer has purchased a priority of transmission on any part of the contract path reserved for such Transaction at a lower priority than the priority utilized by Seller for such Transaction, and (ii) such lower priority level of transactions are subject to a halt or curtailment, then Seller shall be deemed to have satisfied its obligations and Buyer shall be liable for damages to Seller pursuant to Article 4 of the Master Agreement.
iii.	If Buyer and Seller cannot complete the scheduling of delivery at an Alternate Designated Interface consistent with the terms hereof because there was no available Transmission to Seller at the Alternate Designated Interface, then Seller shall be deemed to have satisfied its obligations to Buyer, and neither Seller nor Buyer shall be liable for damages pursuant to Article 4 of the Master Agreement.
B.	Timely Request for Transmission made by Buyer but Rejected by the Receiving Transmission Provider.  If Buyer's Timely Request for Transmission is rejected by the Receiving Transmission Provider because of unavailability of Transmission capability, then Buyer shall notify Seller within 15 minutes after receipt of the Receiving Transmission Provider's notice of rejection ("Buyer's Rejection Notice").  If Buyer properly notifies Seller of such unavailability of Transmission, then Seller shall be obligated to designate an Alternate Designated Interface  If Buyer fails to timely notify Seller of the unavailability of Transmission, then Buyer shall be deemed to have assumed the risk of transmission at the Designated Interface, and the provisions in Section3C shall apply.
C.	No Timely Request for Transmission Made by Buyer, Buyer Fails to Purchase Available Transmission, or Buyer fails to timely send Buyer's Rejection Notice.  If Buyer fails to make a Timely Request for Transmission or Buyer fails to timely deliver Buyer's Rejection Notice, then Buyer shall be deemed to have assumed the risk of transmission and shall have no right to request Seller to select an alternate interface.  In such circumstances if Seller's delivery is interrupted as a result of transmission relied upon by Buyer, then such event shall not be deemed an event of Force Majeure and Seller shall nevertheless be deemed to have satisfied its delivery obligations to Buyer, and Buyer shall be deemed to have failed to receive the Energy and shall be liable to Seller for damages pursuant to Article 4 of the Master Agreement.
4.	Transmission.  
A.	Seller’s Responsibilities.  Seller shall be responsible for transmission service required to deliver the Energy from the generating source to the Designated Interface or Alternate Designated Interface, as the case may be.  It is expressly agreed that Seller is not required to utilize firm transmission service to deliver the Energy to Buyer.  Seller shall bear the risk of utilizing non-firm transmission service to deliver the Energy to Buyer; provided, however, if Seller's scheduled delivery to Buyer is cut or otherwise curtailed as a result of Buyer's attempt to transmit the Energy outside of the Receiving Transmission Provider's system border, then Seller will be deemed to have satisfied its delivery obligations to Buyer, and Buyer shall be deemed to have failed to receive the Energy and shall be liable to Seller for damages pursuant to Article 4 of the Master Agreement.  Except as specifically provided in Sections 3A or 4C, Seller is not responsible for Transmission service within the Receiving Transmission Provider's transmission system or for any costs associated with transmission of the Energy thereafter.  
B.	Buyer’s Responsibilities. Subject to the conditions hereof, Buyer shall be obligated to receive the Energy at the Designated Interface or Alternate Designated Interface, as the case may be, to procure and pay for transmission service from the Designated Interface and within the transmission system of the Receiving Transmission Provider, and except as specifically provided in Sections 3A or 4C, shall be responsible for any costs associated with transmission thereafter.  
5.	Force Majeure.  Except as otherwise expressly set forth herein, an "Into" Product shall be subject to the "Force Majeure" provisions of the Master Agreement.  It shall not be a Force Majeure if Buyer is unable for any reason to secure transmission to transmit the Energy to a delivery point outside of the transmission system of the Receiving Transmission Provider. Buyer’s and Seller’s obligations with respect to delivery and receipt of the Energy will not be affected by any events taking place in relation to any transmission path of the Energy downstream of or subsequent to the control area of the Receiving Transmission Provider.
6.	Multiple Parties in Delivery Chain.  Seller and Buyer recognize that there may be multiple parties involved in the delivery of the Energy to the extent that (1) Seller may be purchasing the Energy from a succession of other sellers ("Other Sellers"), the first of which Other Sellers will be causing the Energy to be generated from a facility ("Source Seller") and/or (2) Buyer may be selling the Energy to a succession of other buyers ("Other Buyers"), the last of which Other Buyers will be using the Energy to serve its electrical energy needs ("Sink Buyer").  Seller and Buyer further recognize that in certain Transactions neither Seller nor Buyer may originate the decision with respect to either (a) the original identification of the Designated Interface (which designation may be made by the Source Seller) or (b) the Timely Request for Firm Transmission (which request may be made by the Sink Buyer).  Accordingly, Seller and Buyer agree as follows:
A.	If Seller is not the Source Seller, then Seller will notify Buyer of the Designated Interface promptly after Seller is notified thereof by the Other Seller with whom Seller has a contractual relationship, but in no event may such designation be later than the Scheduling Deadline.
B.	If Buyer is not the Sink Buyer, then Buyer will notify the Other Buyer with whom Buyer has a contractual relationship of the Designated Interface promptly after Seller notifies Buyer thereof, with the intent being that the party whose responsibility it is to secure the Transmission shall have 15 minutes after receipt of the Designated Interface to submit its Timely Request for Transmission.
C	Seller and Buyer each agree that any other communications required to be given in connection with this "Into Product" shall be made promptly after receipt of the relevant information from the Other Sellers and Other Buyers, as the case may be.
D.	Seller and Buyer each agree that in certain Transactions time is of the essence and it may be appropriate to provide necessary information to Other Sellers and Other Buyers in order to complete the scheduling and delivery of Energy.  Accordingly, Seller and Buyer agree that each has the right, but not the obligation, to provide information to Other Sellers and Other Buyers, as the case may be, in order to effect the scheduling of Energy.