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 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:
A.	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 15 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 shall be made within 15 minutes of the time at which the Receiving Transmission Provider first opens thereafter for purposes of accepting requests for Firm Transmission.
B.	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 are those set forth in Section 3A.
C.	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 are those set forth in Section 3B.
D.	If a Timely Request for Firm 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 Firm Transmission. 
A.	Timely Request for Firm Transmission made by Buyer, Accepted by the Receiving Transmission Provider and Purchased by Buyer. 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 Seller shall deliver and Buyer shall receive the Energy at the Designated Interface. 
i.	If for any reason, including an event of Force Majeure (but excluding  curtailment of Firm Transmission within the Receiving Transmission Provider's transmission system, treated in Section 3A(ii) below), 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") 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 Receiving Transmission Provider's control area, from which either firm or non-firm transmission ("Transmission") within the Receiving Transmission Provider's transmission system is available to Buyer, such that Seller's obligation to deliver the Energy to Buyer can be satisfied and Buyer can receive the Energy. 
ii.	If Firm Transmission within the Receiving Transmission Provider's transmission system from the Designated Interface or alternatively, Transmission from an Alternate Designated Interface ceases to be available to Buyer for any reason, including an event of Force Majeure, then at Seller’s option, Seller shall either assume the risk of curtailment of non-firm transmission purchased by Buyer to facilitate Seller’s utilization of such Interface, or select an Alternate Designated Interface and again effect the scheduling and other procedures consistent with the terms hereof.
iii.	If Buyer and Seller cannot complete the scheduling of delivery at an Alternate Designated Interface consistent with the terms hereof, then Buyer shall be deemed to have satisfied its obligations to Seller, and Seller shall be deemed to have failed to deliver the Energy and shall be liable to Buyer for damages pursuant to Article 4 of the Master Agreement.
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 because of unavailability of Firm 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 Firm Transmission, then Seller shall be obligated to either (1) designate an Alternate Designated Interface and thereafter the provisions in Section 3A shall apply, or (2) elect to proceed with delivery on the basis of Buyer’s purchase of non-firm transmission at the Designated Interface and bear the risk of curtailment of Transmission at the Designated Interface so chosen arising out of Buyer’s purchase of non-firm transmission service at such Interface.  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 at the Designated Interface, and the provisions in Section3C shall apply.
C.	No Timely Request for Firm Transmission Made by Buyer, or Buyer fails to timely send Buyer's Rejection Notice.  If Buyer fails to make a Timely Request for Firm 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.  Except as provided in Section 3C, Seller shall be responsible for any additional transmission costs incurred by Buyer directly as a result of Seller's failure to deliver the Energy to the Designated Interface or Alternate Designated Interface, as the case may be.
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.  Buyer shall be responsible for any additional transmission costs incurred by Seller directly as a result of Buyer's failure to receive the Energy at the Designated Interface or Alternate Designated Interface, as the case may be.
C.	Buyer’s and Seller’s Joint Responsibilities.  Notwithstanding Sections 4A and 4B above, if a transmission provider cuts or otherwise curtails the Firm Transmission purchased by either Seller or Buyer to or from the Designated Interface or Alternate Designated Interface, as the case may be, in accordance with the Transmission Provider's controlling tariff, then Buyer and Seller shall share equally the costs of transmission service from the Alternate Designated Interface procured for completion of delivery to and receipt by Buyer.  In the event, however, that Buyer and Seller cannot complete the scheduling of delivery at an Alternate Designated Interface consistent with the terms of Section 3, then the terms of Section 3A(iii) shall apply.
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 Firm Transmission shall have 15 minutes after receipt of the Designated Interface to submit its Timely Request for Firm 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.