Common use of Amount Clause in Contracts

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent seventy-five (5075%) of the Incremental Income Tax attributable to New Employees Employees; which must be above the Project baseline of 21 thirty–nine (39) and the statewide baseline of 22 thirty–nine (39) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 thirty–nine (39) and the statewide baseline of 22 thirty–nine (39) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees; which must be above the Project baseline of 21 three hundred and fifty-eight (358) and the statewide baseline of 22 nine hundred and seventy-nine (979) existing Full-Full- Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 three hundred and fifty-eight (358) and the statewide baseline of 22 nine hundred and seventy-nine (979) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 zero (0) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees at the Project above the Project baseline of 21 and the statewide baseline of 22 zero (0) existing Full-Time EmployeesEmployees at the Project. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii)B.2, the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 sixteen (16) existing Full-Full- Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 sixteen (16) existing Full-Full- Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees above the a Project baseline of 21 and the statewide baseline of 22 39 existing Full-Time Employees at the Project employees and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees at the Project above the Project baseline of 21 and the statewide baseline of 22 39 existing Full-Full- Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 seven hundred thirteen (713) and the statewide baseline of 22 one thousand nine hundred twenty-seven (1,927) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 seven hundred thirteen (713) and the statewide baseline of 22 one thousand nine hundred twenty-seven (1,927) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent seventy-five (5075%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 and the statewide baseline of 22 six hundred ninety (690) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 six hundred ninety (690) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-full- time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 225 employees and the statewide Statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of training costs includable in the Credit calculation may be increased by an additional 15% for training costs associated with Priority Training Program New Employees. The percentage of training costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee training costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3) Statewide baseline. For purposes of this Agreement, an employee who replaces a retained employee in a substantially similar job shall be considered a retained employee. If a retained employee job is eliminated and a new job is created, the Company may designate that employee as a retained employee rather than a new employee. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Act.incremental income tax attributable to construction wages paid in connection with the construction of the project facilities, as a jobs credit for workers hired to construct the project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the incremental income tax attributable to construction wages paid in connection with the construction of the project facilities

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 and the statewide baseline of 22 one hundred eighty-three (183) existing Full-Time Employees, which includes the Retained Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 one hundred eighty-three (183) existing Full-Time Employees, which includes the Retained Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees; which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 fifty- four (54) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 fifty- four (54) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 one-hundred thirty-seven (137) and the statewide baseline of 22 one-hundred thirty-seven (137) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 one- hundred thirty-seven (137) and the statewide baseline of 22 one-hundred thirty-seven (137) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 eighty-nine (89) and the statewide baseline of 22 eighty-nine (89) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 eighty-nine (89) and the statewide baseline of 22 eighty-nine (89) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) or of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project and Employees, (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 fifty- five (55) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 fifty-five (55) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s 's agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 one hundred forty-three (143) and the statewide baseline of 22 one hundred forty-three (143) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 one hundred forty-three (143) and the statewide baseline of 22 one hundred forty- three (143) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 five- hundred forty-one (541) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 five- hundred forty-one (541) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-full- time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline Statewide Baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project 8,587 and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of Training Costs includable in the Credit calculation may be increased by an additional 15% for Training Costs associated with Priority Training Program New Employees. The percentage of Training Costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee Training Costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide retain at least 6,000 Full-Time Employees in the additional evidence required under Section 5-25(b)(3) State. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Act.Incremental Income Tax attributable to construction wages paid in connection with the construction of the project facilities, as a jobs credit for workers hired to construct the project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the Incremental Income Tax attributable to construction wages paid in connection with the construction of the project facilities

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 2 employees and the statewide Statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred . The percentage of training costs includable in the Credit calculation may be increased by an additional fifteen percent (10015%) for training costs associated with Priority Training Program New Employees. The percentage of training costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee training costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3Statewide baseline. If the Project is located in an Underserved area or Energy Transition Area, the amount of the Credit attributable to Retained Employees may be increased to one hundred percent (100%) of the ActIncremental Income Tax attributable to the Retained Employees at the Project 3. If the Company is seeking a MICRO Construction Jobs Credit, the sum of 50% of the Incremental Income Tax attributable to construction wages paid in connection with the construction of the project facilities, as a jobs credit for workers hired to construct the project. If the Project is in an underserved area or an energy transition area, the MICRO Construction Jobs Credit shall be 75% of the Incremental Income Tax attributable to construction wages paid in connection with the construction of the project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 two-hundred (200) and the statewide baseline of 22 two-hundred (200) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 two-hundred (200) and the statewide baseline of 22 two-hundred (200) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-full- time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project Statewide baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project (0) and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of Training Costs includable in the Credit calculation may be increased by an additional 15% for Training Costs associated with Priority Training Program New Employees. The percentage of Training Costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee Training Costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3) Statewide baseline. For purposes of this Agreement, an employee who replaces a retained employee in a substantially similar job shall be considered a retained employee. If a retained employee job is eliminated and a new job is created, the Company may designate that employee as a retained employee rather than a new employee. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Act.incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities, as a jobs credit for workers hired to construct the Project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 seven hundred thirteen (713) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 seven hundred thirteen (713) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-full- time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees above the a Project baseline of 21 and the statewide baseline of 22 90 existing Full-Time Employees at the Project employees and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees at the Project above the Project baseline of 21 and the statewide baseline of 22 90 existing Full-Full- Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project Statewide baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project (7,410) and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of Training Costs includable in the Credit calculation may be increased by an additional 15% for Training Costs associated with Priority Training Program New Employees. The percentage of Training Costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee Training Costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3) Statewide baseline. For purposes of this Agreement, an employee who replaces a retained employee in a substantially similar job shall be considered a retained employee. If a retained employee job is eliminated and a new job is created, the Company may designate that employee as a retained employee rather than a new employee. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Actincremental income tax attributable to construction wages paid in connection with the construction of the Project facilities, as a jobs credit for workers hired to construct the Project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline Statewide Baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project (0) and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of Training Costs includable in the Credit calculation may be increased by an additional 15% for Training Costs associated with Priority Training Program New Employees. The percentage of Training Costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee Training Costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide retain at least 6,000 Full-Time Employees in the additional evidence required under Section 5-25(b)(3) State. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Act.Incremental Income Tax attributable to construction wages paid in connection with the construction of the project facilities, as a jobs credit for workers hired to construct the project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the Incremental Income Tax attributable to construction wages paid in connection with the construction of the project facilities

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 [54] employees and the statewide Statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of training costs includable in the Credit calculation may be increased by an additional 15% for training costs associated with Priority Training Program New Employees. The percentage of training costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee training costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3) Statewide baseline. For purposes of this Agreement, an employee who replaces a retained employee in a substantially similar job shall be considered a retained employee. If a retained employee job is eliminated and a new job is created, the Company may designate that employee as a retained employee rather than a new employee. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Act.incremental income tax attributable to construction wages paid in connection with the construction of the project facilities, as a jobs credit for workers hired to construct the project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the incremental income tax attributable to construction wages paid in connection with the construction of the project facilities

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 733 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees at the Project above the Project baseline of 21 and the statewide baseline of 22 733 existing Full-Time EmployeesEmployees at the Project. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following:following:‌ 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees above the a Project baseline of 21 and the statewide baseline of 22 97 existing Full-Time Employees at the Project employees and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees at the Project above the Project baseline of 21 and the statewide baseline of 22 97 existing Full-Full- Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount (i) In the event that (a) any payment or benefit provided for under this Agreement and/or any other arrangement or agreement with the Company (“Base Payment”) would subject the Employee to the excise tax (“Excise Tax”) imposed by Section 4999 of the annual Credit awarded Code (or any other similar tax that may hereafter be imposed) and (b) the Base Payment is less than 110% of the sum of three (3) times the “base amount” (as defined in Code Section 280G) minus $1.00 (“Safe Harbor Amount”), then any amounts payable under this Agreement shall be reduced so that the Base Payment, in the aggregate, is reduced to the Safe Harbor Amount. The reduction of the amounts payable under this Agreement shall be made by first reducing the cash payments payable under this Agreement. No reduction shall occur if the Base Payment is 110% (or more) of the Safe Harbor Amount. (ii) In the event that (a) the reduction in Section 5(a)(i) is not applicable, (b) there is a Base Payment which would subject the Employee to the Excise Tax, and (c) the closing stock price of the Company shallon the date of the Change of Control equals or exceeds the Threshold Share Price (as defined below), then the Employee shall be entitled to receive the payment described in Section 5(a)(iii) below. For this purpose, the “Threshold Share Price” equals the average closing price of a share of Company common stock over the first twenty (20) days following the Merger. The Threshold Share Price may be reviewed annually and adjusted at the discretion of the Compensation Committee. (iii) If the Base Payment is subject to the limitations contained in Excise Tax imposed by Section II.C 4999 of the Code and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Departmentrequirements of Section 5(a)(ii) are met, the annual Credit Company shall pay to Employee the Gross-Up Payment determined as follows: The “Gross-Up Payment” shall be equal to the lesser of: sum of (1) the sum of (a) fifty percent (50%) of Excise Tax imposed with respect to the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or Base Payment, plus (2) one hundred percent the Excise Tax imposed with respect to the Gross-Up Payment, plus (100%3) all other taxes imposed on Employee with respect to the Gross-Up Payment, including income taxes and Employee’s share of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 FICA, FUTA and the statewide baseline of 22 existing Full-Time Employeesother payroll taxes. The total amount of New Employees for which Credit may be awarded Gross-Up Payment shall not exceed one hundred percent (100%) more include the payment of any tax on the Base Payment other than the total New Employees committed Excise Tax. The Gross-Up Payment is intended to under Section IV.C(i) hereof, including as amended, place Employee in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, same economic position Employee would have been in if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i)Excise Tax did not apply, the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on calculated in accordance with such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreementintent. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 and the statewide baseline of 22 one hundred thirty-six (136) existing Full-Full- Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 one hundred thirty-six (136) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-full- time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent seven-five (50%75) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 six (6) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 six (6) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 (0) employees and the statewide Statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of Training Costs includable in the Credit calculation may be increased by an additional 15% for Training Costs associated with Priority Training Program New Employees. The percentage of Training Costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee Training Costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3) Statewide baseline. For purposes of this Agreement, an employee who replaces a retained employee in a substantially similar job shall be considered a retained employee. If a retained employee job is eliminated and a new job is created, the Company may designate that employee as a retained employee rather than a new employee. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Act.incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities, as a jobs credit for workers hired to construct the Project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 five hundred eighty-four (584) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 five hundred eighty-four (584) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.Act.‌

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 three hundred forty-seven (347) and the statewide baseline of 22 three hundred forty-seven (347) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 three hundred forty-seven (347) and the statewide baseline of 22 three hundred forty- seven (347) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 0 and the statewide baseline of 22 0 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 0 and the statewide baseline of 22 0 existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-full- time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project Statewide baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project 37 and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of Training Costs includable in the Credit calculation may be increased by an additional 15% for Training Costs associated with Priority Training Program New Employees. The percentage of Training Costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee Training Costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3) Statewide baseline. For purposes of this Agreement, an employee who replaces a retained employee in a substantially similar job shall be considered a retained employee. If a retained employee job is eliminated and a new job is created, the Company may designate that employee as a retained employee rather than a new employee. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Act.incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities, as a jobs credit for workers hired to construct the Project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following:following:‌ 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 one hundred and thirty-nine (139) and the statewide baseline of 22 one hundred and thirty-nine (139) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 one hundred and thirty-nine (139) and the statewide baseline of 22 one hundred and thirty-nine (139) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) 75% of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above at the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesProject. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 2 employees and the statewide Statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of training costs includable in the Credit calculation may be increased by an additional 15% for training costs associated with Priority Training Program New Employees. The percentage of training costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee training costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3) Statewide baseline. For purposes of this Agreement, an employee who replaces a retained employee in a substantially similar job shall be considered a retained employee. If a retained employee job is eliminated and a new job is created, the Company may designate that employee as a retained employee rather than a new employee. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Act.incremental income tax attributable to construction wages paid in connection with the construction of the project facilities, as a jobs credit for workers hired to construct the project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the incremental income tax attributable to construction wages paid in connection with the construction of the project facilities

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 one hundred thirty-seven (137) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 one hundred thirty-seven (137) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project Statewide baseline of 21 and the statewide baseline of 22 existing Full-Time Employees at the Project (107) and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of Training Costs includable in the Credit calculation may be increased by an additional 15% for Training Costs associated with Priority Training Program New Employees. The percentage of Training Costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee Training Costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3) Statewide baseline. For purposes of this Agreement, an employee who replaces a retained employee in a substantially similar job shall be considered a retained employee. If a retained employee job is eliminated and a new job is created, the Company may designate that employee as a retained employee rather than a new employee. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Actincremental income tax attributable to construction wages paid in connection with the construction of the Project facilities, as a jobs credit for workers hired to construct the Project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) if the location is not in an underserved area or seventy-five percent (75%) if the location is in an underserved area of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 and the statewide baseline of 22 five hundred nine (509) existing Full-Time time Employees, which includes the Retained Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 five hundred nine (509) existing Full-Time Employees, which includes the Retained Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 two hundred fifty-seven (257) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 two hundred fifty-seven (257) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-full- time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 one- hundred twenty-three existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 one- hundred twenty-three (123) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 and the statewide baseline of 22 thirty (30) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 and the statewide baseline of 22 thirty (30) existing Full-Full- Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the The sum of (a) fifty seventy-five percent (5075%) (or, for projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 9 employees and the statewide Statewide baseline of 22 existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) . The percentage of Training Costs includable in the Credit calculation may be increased by an additional 15% for Training Costs associated with Priority Training Program New Employees. The percentage of Training Costs includable within the calculation of the Incremental Income Tax attributable to Credit shall not exceed 25% of the Company’s New Employees above the Project baseline of 21 and the statewide baseline of 22 existing Full-Time EmployeesEmployee Training Costs. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement Agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twentyseventy-five percent (2575%) (or, for Projects located in an Underserved area or Energy Transition Area, one hundred percent (100%)) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(iiII.B(2), the Company must provide meet or exceed the additional evidence required under Section 5-25(b)(3) Statewide baseline. For purposes of this Agreement, an employee who replaces a retained employee in a substantially similar job shall be considered a retained employee. If a retained employee job is eliminated and a new job is created, the Company may designate that employee as a retained employee rather than a new employee. 3. If the Company is seeking a REV Construction Jobs Credit, the sum of 50% of the Act.incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities, as a jobs credit for workers hired to construct the Project. If the Project is in an underserved area or an energy transition area, the REV Construction Jobs Credit shall be 75% of the incremental income tax attributable to construction wages paid in connection with the construction of the Project facilities

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 five (5) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 five (5) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 zero (0) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 zero (0) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 fifty (50) new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 one hundred (100) New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 ninety (90) days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent seventy-five (5075%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 four hundred ninety-eight (498) existing Full- Time Employees and the statewide baseline of 22 one thousand, two hundred and fifty-six (1,256) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 four hundred ninety-eight (498) existing Full- Time Employees and the statewide baseline of 22 one thousand, two hundred and fifty-six (1,256) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-full- time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty seventy-five percent (5075%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project baseline of 21 zero (0) and the statewide baseline of 22 two-thousand seven-hundred fifty-eight (2,758) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 fifty (50) and the statewide baseline of 22 two-thousand seven-hundred fifty-eight (2758) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 twelve (12) existing Full-Time Chicago area remote employees and the statewide baseline of 22 seven thousand seventy-nine (7,079) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 twelve (12) existing Full-Time Chicago area remote employees and the statewide baseline of 22 seven thousand seventy-nine (7,079) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 two hundred thirty-seven (237) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project baseline of 21 zero (0) and the statewide baseline of 22 two hundred thirty-seven (237) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-full- time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Retained Employees as set forth in Section IV.D, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, in order to receive the increased benefit contemplated by this subsection II.B(ii), the Company must provide the additional evidence required under Section 5-25(b)(3) of the Act.

Amount. The amount of the annual Credit awarded to the Company shall, subject to the limitations contained in Section II.C and otherwise set forth in this Agreement, be equal to the following: 1. Unless otherwise determined by the Department, the annual Credit shall be equal to the lesser of: (1) the sum of (a) fifty percent (50%) of the Incremental Income Tax attributable to New Employees Employees, which must be above the Project project baseline of 21 seven hundred nine (709) and the statewide baseline of 22 seven hundred eighty-seven (787) existing Full-Time Employees at the Project and (b) ten percent (10%) of the Training Costs of New Employees; or (2) one hundred percent (100%) of the Incremental Income Tax attributable to New Employees above the Project project baseline of 21 seven hundred nine (709) and the statewide baseline of 22 seven hundred eighty- seven (787) existing Full-Time Employees. The total amount of New Employees for which Credit may be awarded shall not exceed one hundred percent (100%) more than the total New Employees committed to under Section IV.C(i) hereof, including as amended, in effect as of the first day of the Taxable Year for which a Credit is sought by the Company. By way of example, if the Company commits to the creation of 50 new full-time jobs under Section IV.C(i), the maximum number of New Employees for the purposes of calculating the Incremental Income Tax and the annual Credit would be 100 New Employees. The Company may request an amendment to increase the minimum number of New Employees committed to under Section IV.C(i) to take effect in a new Taxable Year. Such request shall be submitted within 90 days prior to the end of the Taxable Year for which Credit is sought on such increased commitment. The Department’s agreement to such an amendment shall not be unreasonably withheld so long as the Company is in compliance with the terms of this Agreement. 2. If the Department exercises its discretion to award Credits for Project is not located in an Underserved Area and the Company hires the required minimum number of New Employees and the minimum Retained Employees as set forth in Section IV.DIV.D and E, then the maximum amount of the annual Credit may be increased by twenty-five percent (25%) of the Incremental Income Tax attributable to Retained Employees at the Project; provided, however, that, . If the Project is located in order to receive the increased benefit contemplated by this subsection II.B(ii), an Underserved Area and the Company must provide hires the additional evidence required under minimum number of New Employees and the minimum Retained Employees as set forth in Section 5-25(b)(3IV.D and E, then the maximum amount of the annual Credit may be increased by fifty percent (50%) of the ActIncremental Income Tax attributable to Retained Employees at the Project.