INTO DELIVERY POINT PRODUCT DEFINITION
	“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 to an interface either (a) at the Receiving Transmission Provider’s transmission system border or (b) an interface from a source of generation inside 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 Product will be delivered.  Notwithstanding the foregoing, an “Into” Product shall be subject to the following provisions:

	1.	Scheduling.   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 Product for the next delivery day (the “Designated Interface”). Seller shall have the right to choose any interface satisfying the requirements set forth in clauses (1)(a) or (1)(b) above as the Designated Interface.

	2.	Availability of Firm Transmission.  Buyer must accept Seller’s Designated Interface unless daily, next-day firm transmission (“Firm Transmission”) within the Receiving Transmission Provider’s system is not available to Buyer.  In order to determine availability of Firm Transmission, the following definitions and procedures shall be recognized:

	i.	A “Timely Request for Transmission” shall mean a request for Firm 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 30 minutes after the time of delivery of Seller’s Notification, provided, however, if the Receiving Transmission Provider is not accepting requests for Firm Transmission at the time of Seller’s Notification, then such request by Buyer for Firm Transmission shall be made within 30 minutes of the time at which the Receiving Transmission Provider first accepts requests for Firm Transmission.

	ii	If a Timely Request for Firm Transmission is made by Buyer and is accepted by the Receiving Transmission Provider and Buyer purchases such Firm Transmission, then the rights and obligations of Buyer and Seller shall be further defined by the provisions set forth in Paragraph 3A.

	iii.	If a Timely Request for Firm Transmission is made by Buyer but is rejected by the Receiving Transmission Provider on the basis that no Firm Transmission is available, then the rights and obligations of the Buyer and Seller shall be further defined by the provisions set forth in Paragraph 3B.

	iv	If a Timely Request for Firm Transmission is not made by Buyer or if Buyer fails to timely deliver Buyer’s Rejection Notice to Seller or if Buyer chooses to utilize non-firm transmission, then the rights and obligations of the Buyer and Seller shall be further defined by the provisions set forth in Paragraph 3C.
	3.	Rights of Buyer and Seller Depending Upon Availability of Timely Request for Firm Transmission.

	A.	Timely Requests for Firm Transmission made by Buyer, Accepted by the Receiving Transmission Provider and Purchased by Buyer.  Seller shall deliver and Buyer shall receive the Product at the Designated Interface. If for any reason, including an event of Force Majeure or curtailment of Firm Transmission within the Receiving Transmission Provider’s transmission system, Seller is unable to deliver, or Buyer is unable to receive, the Product 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”) either (i) at the Receiving Transmission Provider’s transmission system border or (ii) an interface from a source of generation inside the Receiving Transmission Provider's control area, in either case, such that Seller’s obligation to deliver the Product to Buyer can be satisfied and Buyer can receive the Product and from which either firm or, at the election of Buyer, non-firm transmission within the Receiving Transmission Provider’s transmission system is available to Buyer.  If transmission within the Receiving Transmission Provider’s transmission system from the Alternate Designated Interface ceases for any reason, including an event of Force Majeure, to be available to Buyer, then Seller shall again be required to select an Alternate Designated Interface.  Seller shall be responsible for any additional transmission costs incurred by Buyer directly as a result of Seller’s failure to deliver the Product to the Designated Interface first selected by Seller.

	B.	Timely Request for Firm Transmission made by Buyer but Rejected by the Receiving Transmission Provider.  If Buyer’s Timely Request for Firm Transmission is rejected by the Receiving Transmission Provider, 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 Firm Transmission, then (1) Seller shall be obligated to designate an Alternate Designated Interface and (2) thereafter the provisions in Paragraph 3(A) shall apply. If Buyer fails to timely notify Seller of the unavailability of Firm Transmission, then Buyer shall be deemed to have assumed the risk of transmission, and the provisions in Paragraph 3(C) shall apply.

	C.	No Timely Request for Firm Transmission Made by Buyer, Buyer fails to timely send Buyer’s Rejection Notice or Buyer otherwise elects to utilize non-firm Transmission.  If Buyer fails to make a Timely Request for Firm Transmission or Buyer fails to timely deliver Buyer’s Rejection Notice or Buyer otherwise elects to rely on non-firm transmission, 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.  If Seller’s delivery obligation is interrupted as a result of transmission purchased or otherwise utilized 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 Product and shall be liable to Seller for damages pursuant to Article 4.

	4.	Force Majeure.  Except as otherwise expressly set forth herein, an “Into” Product shall be subject to Force Majeure; provided, however, that it shall not be an event of Force Majeure if Buyer is unable for any reason to secure transmission to transmit the Product to a Delivery Point outside of the transmission system of the Receiving Transmission Provider. 

	5.	Seller’s Transmission.  Except as otherwise expressly set forth herein, Seller shall be responsible for transmission service required to deliver the Product to the Designated Interface or Alternate Designated Interface, as the case may be.  Seller is not responsible for transmission service within the Receiving Transmission Provider’s transmission system or for any costs associated with transmission thereafter.

	6.	Buyer’s Transmission.  Except as otherwise expressly set forth herein, Buyer shall be obligated to receive the Product at the Designated Interface or Alternate Designated Interface, as the case may be, and shall be responsible for transmission service from the Designated Interface and within the transmission system of the Receiving Transmission Provider and for any costs associated with transmission thereafter.  Buyer shall be responsible for any additional transmission costs incurred by Seller directly as a result of Buyer’s failure to receive the Product at the Designated Interface or Alternate Designated Interface, as the case may be.