35.19 Effective Date, Implementation, Term and Termination

35.19.1 Effective Date; Implementation 

This Agreement shall become effective as of the date that all of the following have occurred: (i) upon the execution hereof by both Parties, and (ii) acceptance or approval by the Federal Energy Regulatory Commission.  Commencing with the Effective Date, the Parties shall commence and continue efforts to implement other provisions of this Agreement on dates determined by the Coordination Committee, which dates shall be the earliest dates reasonably feasible for both Parties.

35.19.2 Term 

This Agreement shall continue in full force and effect unless terminated in accordance with the provisions of this Agreement.

35.19.3 Right of a Party to Terminate

35.19.3.1 NYISO may terminate this Agreement at any time upon not less than twelve (12) months’ Notice to PJM.

35.19.3.2 PJM may terminate this Agreement at any time upon not less than twelve (12) months’ Notice to NYISO.

35.19.3.3 This Agreement may be terminated at anytime by mutual agreement in writing.

35.19.4 Survival 

The applicable provisions of this Agreement shall continue in effect after any termination of this Agreement to provide for adjustments and payments under Section 35.15, dispute resolution, determination and enforcement of liability, and indemnification, arising from acts or events that occurred during the period this Agreement was in effect.  In addition, Sections 35.8.4 and 35.8.10 of this Agreement provides that the obligation to safeguard Confidential Information continues in effect for a period of seven years after any termination of this Agreement.

35.19.5 Post-Termination Cooperation

Following any termination of this Agreement, all Parties shall thereafter cooperate fully and work diligently in good faith to achieve an orderly resolution of all matters resulting from such termination.