Common use of Billing, Payment, Milestones Clause in Contracts

Billing, Payment, Milestones. and Financial Security 10 6.1 Billing and Payment Procedures and Final Accounting 10 6.2 Milestones 11 6.3 Financial Security Arrangements 11 Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, 12 7.1 Assignment 12 7.2 Limitation of Liability 12 7.3 Indemnity 12 7.4 Consequential Damages 13 7.5 Force Majeure 13 7.6 Default 14 Article 8. Insurance 14 Article 9. Confidentiality 15 Article 10. Disputes 16 Article 11. Taxes 16 Article 12. Miscellaneous 17 12.1 Governing Law, Regulatory Authority, and Rules 17 12.2 Amendment 17 12.3 No Third-Party Beneficiaries 17 12.4 Waiver 17 12.5 Entire Agreement 17 12.6 Multiple Counterparts 18 12.7 No Partnership 18 12.8 Severability 18 12.9 Security Arrangements 18 12.10 Environmental Release 18 12.11 Subcontractors 19 12.12 Reservation of Rights 19 Article 13. Notices 19 13.1 General 20 13.2 Billing and Payment 20 13.3 Alternative Form of Notice 21 13.4 Designated Operating Representative 21 13.5 Changes to the Notice Information 22 Article 14. Signatures 22 Attachment 1 – Glossary of Terms Attachment 2 – Description and Costs of the Small Generating Facility, Interconnection Facilities, and Metering Equipment Attachment 3 – One-line Diagram Depicting the Small Generating Facility, Interconnection Facilities, Metering Equipment, and Upgrades Attachment 4 – Milestones Attachment 5 – Additional Operating Requirements for the Transmission owner’s Transmission System and Affected Systems Needed to Support the Interconnection Customer’s Needs Attachment 6 – Transmission Owner’s Description of its Upgrades and Best Estimate of Upgrade Costs This Interconnection Agreement (“Agreement”) is made and entered into this _________ day of ____________________, 2011 by Niagara Mohawk Power Corporation d/b/a nationalgrid (“Transmission Owner” ), and WM Renewable Energy, L.L.C. _ (“Interconnection Customer”) each hereinafter sometimes referred to individually as “Party” or both referred to collectively as the “Parties”. Transmission Owner Information Transmission Owner ” Niagara Mohawk Power Corporation d/b/a nationalgrid _ Attention: Vice President Transmission Commercial Services City: Waltham State: MA Zip: Phone: 000-000-0000 Fax: 000-000-0000 Interconnection Customer Information Interconnection Customer” Attention: ___WM Renewable Energy, L.L.C._________ City: __Houston__ State: __TX________ Zip: __77433______ Phone: __000-000-0000___________ Fax: _000-000-0000________________ Interconnection Customer Application No: N/A___ In consideration of the mutual covenants set forth herein, the Parties agree as follows:

Billing, Payment, Milestones. and Financial Security 10 6.1 Billing and Payment Procedures and Final Accounting 10 6.2 Milestones 11 6.3 Financial Security Arrangements 11 Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, 12 7.1 Assignment 12 7.2 Limitation of Liability 12 7.3 Indemnity 12 7.4 Consequential Damages 13 7.5 Force Majeure 13 14 7.6 Default 14 Article 8. Insurance 14 15 Article 9. Confidentiality 15 Article 10. Disputes 16 Article 11. Taxes 16 17 Article 12. Miscellaneous 17 12.1 Governing Law, Regulatory Authority, and Rules 17 12.2 Amendment 17 12.3 No Third-Party Beneficiaries 17 12.4 Waiver 17 18 12.5 Entire Agreement 17 18 12.6 Multiple Counterparts 18 12.7 No Partnership 18 12.8 Severability 18 12.9 Security Arrangements 18 19 12.10 Environmental Release 18 19 12.11 Subcontractors 19 12.12 Reservation of Rights 19 20 Article 13. Notices 19 20 13.1 General 20 13.2 Billing and Payment 20 21 13.3 Alternative Form of Notice 21 13.4 Designated Operating Representative 21 22 13.5 Changes to the Notice Information 22 Article 14. Signatures 22 23 Attachment 1 – Glossary of Terms Attachment 2 – Description and Costs of the Small Generating Facility, Interconnection Facilities, and Metering Equipment Attachment 3 – One-line Diagram Depicting the Small Generating Facility, Interconnection Facilities, Metering Equipment, and Upgrades Attachment 4 – Milestones Attachment 5 – Additional Operating Requirements for the Transmission owner’s Transmission System and Affected Systems Needed to Support the Interconnection Customer’s Needs Attachment 6 – Transmission Owner’s Description of its Upgrades and Best Estimate of Upgrade Costs This Interconnection Agreement (“Agreement”) is made and entered into this _________ 4th day of ____________________October, 2011 by Niagara Mohawk Power Corporation d/b/a nationalgrid National Grid (“Transmission Owner” ), and WM Renewable Energy, Wheelabrator Xxxxxx Falls L.L.C. _ (“Interconnection Customer”) each hereinafter sometimes referred to individually as “Party” or both referred to collectively as the “Parties”. Transmission Owner Information Transmission Owner ” : Niagara Mohawk Power Corporation d/b/a nationalgrid _ National Grid Attention: Vice President Xxxx Xxxxx , Director Transmission Commercial Services City: Waltham State: MA Zip: 02451 Phone: 000-000-0000 Fax: 000-000-0000 Interconnection Customer Information Interconnection Customer” : Wheelabrator Xxxxxx Falls L.L.C. Attention: ___WM Renewable Energy, L.L.C._________ General Counsel City: __Houston__ Hampton State: __TX________ NH Zip: __77433______ 03842 Phone: __000-000-0000___________ 0000 Fax: _000-000-0000________________ 0000 Interconnection Customer Application No: N/A___ In consideration of the mutual covenants set forth herein, the Parties agree as follows:

Billing, Payment, Milestones. and Financial Security 10 6.1 Billing and Payment Procedures and Final Accounting 10 6.2 Milestones 11 6.3 Financial Security Arrangements 11 Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, 12 7.1 Assignment 12 7.2 Limitation of Liability Liability. 12 7.3 Indemnity 12 7.4 Consequential Damages 13 7.5 Force Majeure 13 14 7.6 Default Default. 14 Article 8. Insurance 14 15 Article 9. Confidentiality 15 Article 10. Disputes 16 Article 11. Taxes 16 17 Article 12. Miscellaneous 17 12.1 Governing Law, Regulatory Authority, and Rules 17 12.2 Amendment 17 12.3 No Third-Party Beneficiaries 17 12.4 Waiver 17 18 12.5 Entire Agreement 17 18 12.6 Multiple Counterparts 18 12.7 No Partnership 18 12.8 Severability 18 12.9 Security Arrangements 18 19 12.10 Environmental Release 18 19 12.11 Subcontractors Subcontractors. 19 12.12 Reservation of Rights 19 20 Article 13. Notices 19 20 13.1 General 20 13.2 Billing and Payment 20 21 13.3 Alternative Form of Notice 21 13.4 Designated Operating Representative 21 22 13.5 Changes to the Notice Information 22 Article 14. Signatures 22 23 No table of contents entries found. Attachment 1 – Glossary of Terms Attachment 2 – Description and Costs of the Small Generating Facility, Interconnection Facilities, and Metering Equipment Attachment 3 – One-line Diagram Depicting the Small Generating Facility, Interconnection Facilities, Metering Equipment, and Upgrades Attachment 4 – Milestones Attachment 5 – Additional Operating Requirements for the Transmission owner’s Transmission System and Affected Systems Needed to Support the Interconnection Customer’s Needs Attachment 6 – Transmission Owner’s Description of its Upgrades and Best Estimate of Upgrade Costs This Interconnection Agreement (“Agreement”) is made and entered into this _________ 4th day of ____________________October, 2011 by Niagara Mohawk Power Corporation d/b/a nationalgrid National Grid (“Transmission Owner” ), and WM Renewable Energy, Wheelabrator Xxxxxx Falls L.L.C. _ (“Interconnection Customer”) each hereinafter sometimes referred to individually as “Party” or both referred to collectively as the “Parties”. Transmission Owner Information Transmission Owner ” : Niagara Mohawk Power Corporation d/b/a nationalgrid _ National Grid Attention: Vice President Xxxx Xxxxx , Director Transmission Commercial Services City: Waltham State: MA Zip: 02451 Phone: 000-000-0000 Fax: 000-000-0000 Interconnection Customer Information Interconnection Customer” : Wheelabrator Xxxxxx Falls L.L.C. Attention: ___WM Renewable Energy, L.L.C._________ General Counsel City: __Houston__ Hampton State: __TX________ NH Zip: __77433______ 03842 Phone: __000-000-0000___________ 0000 Fax: _000-000-0000________________ 0000 Interconnection Customer Application No: N/A___ A In consideration of the mutual covenants set forth herein, the Parties agree as follows: