Common use of Construction Activities Clause in Contracts

Construction Activities. The Company will perform the following construction activities as part of the Company Work (the “Construction Activities”): all work described in Section IV.A.1 of the Facilities Study Report relating to implementation of the Network Upgrade Facilities at the Company’s Schodack Station, provided, however, that the Construction Activities to be performed under this Agreement will not include any construction work or construction activities (i) for any Impacted Substation other than Schodack Station or (ii) that require or involve the use of, or access to, any Developer-owned, occupied, used, controlled, managed or operated facilities or property (including, without limitation, easements, rights-of-way, or other third-party property). For the avoidance of doubt: the Construction Activities are not intended to encompass or include all construction work that will be required with respect to Company facilities to accommodate the Transmission Project. The Company recognizes the Developer’s construction schedule and NYISO required in-service date of December 31, 2023. Notwithstanding the above: (i) the Company does not commit to any particular order of work or to any deadline or schedule to have any design, engineering, procurement or any other work completed, (ii) the work contemplated by this Exhibit and this Agreement does not encompass the full scope of work or services contemplated to be performed by an Affected Transmission Owner with respect to its Affected Transmission System pursuant to Section 22.4.4 of the OATT (“Affected Transmission Owner Work”) and shall, in no event, include any work or services other than such Affected Transmission Owner Work, and (iii) for the avoidance of doubt: the continued performance of all work contemplated by this Exhibit and this Agreement is subject to Section 2.2 and Section 7.6 of this Agreement. The Company Work may also include, without limitation, the following activities as required in connection with the foregoing:

Construction Activities. The Company will perform the following construction activities as part of the Company Work (the “Construction Activities”): all work described in Section IV.A.1 of the Facilities Study Report relating to implementation of the Network Upgrade Facilities at the Company’s Schodack Station, provided, however, that the Construction Activities to be performed under this Agreement will not include any construction work or construction activities (i) for any Impacted Substation other than Schodack Station or (ii) that require or involve the use of, or access to, any Developer-owned, occupied, used, controlled, managed or operated facilities or property (including, without limitation, easements, rights-of-way, or other third-party property). For the avoidance of doubt: the Construction Activities are not intended to encompass or include all construction work that will be required with respect to Company facilities to accommodate the Transmission Project. ______________ The Company recognizes the Developer’s construction schedule and NYISO required in-service date of December 31, 2023. Notwithstanding the above: (i) the Company does not commit to any particular order of work or to any deadline or schedule to have any design, engineering, procurement or any other work completed, (ii) the work contemplated by this Exhibit and this Agreement does not encompass the full scope of work or services contemplated to be performed by an Affected Transmission Owner with respect to its Affected Transmission System pursuant to Section 22.4.4 of the OATT (“Affected Transmission Owner Work”) and shall, in no event, include any work or services other than such Affected Transmission Owner Work, and (iii) for the avoidance of doubt: the continued performance of all work contemplated by this Exhibit and this Agreement is subject to Section 2.2 and Section 7.6 of this Agreement. The Company Work may also include, without limitation, the following activities as required in connection with the foregoing: