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: 1. Prepare, file for, and use reasonable efforts to obtain any Required Approvals that must be obtained by Company to enable it to perform the work contemplated by this Exhibit. 2. Review, from time to time, proposed outage schedules, construction sequencing, and other development activities. Transco and NMPC Reimbursement Agreement - December 2020 EXECUTION VERSION SERVICE AGREEMENT NO. 2590 3. Inspect, review, witness, examine and test, from time to time, Company’s work contemplated herein and conduct other project management, administration and oversight activities in connection with the work contemplated by this Exhibit. 4. Review, from time to time, permitting, licensing and other materials relating to the work contemplated herein, including, without limitations, all documents and materials related to any Required Approvals 5. Retain and use outside experts, counsel, consultants, and contractors in furtherance of the work contemplated herein. 6. Attendance at and preparation for monthly Work management and outage planning meetings, as required by the Work. 7. Perform any other reasonable tasks necessary or advisable in connection with the work contemplated by this Exhibit (including, without limitation, any changes thereto).

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: 1. Prepare, file for, and use reasonable efforts to obtain any Required Approvals that must be obtained by Company to enable it to perform the work contemplated by this Exhibit. 2. Review, from time to time, proposed outage schedules, construction sequencing, and other development activities. Transco and NMPC Reimbursement Agreement Effective Date: 12/11/2020 - December 2020 Docket #: ER21-778-000 - Page 67 EXECUTION VERSION SERVICE AGREEMENT NO. 2590 3. Inspect, review, witness, examine and test, from time to time, Company’s work contemplated herein and conduct other project management, administration and oversight activities in connection with the work contemplated by this Exhibit. 4. Review, from time to time, permitting, licensing and other materials relating to the work contemplated herein, including, without limitations, all documents and materials related to any Required Approvals 5. Retain and use outside experts, counsel, consultants, and contractors in furtherance of the work contemplated herein. 6. Attendance at and preparation for monthly Work management and outage planning meetings, as required by the Work. 7. Perform any other reasonable tasks necessary or advisable in connection with the work contemplated by this Exhibit (including, without limitation, any changes thereto). Except as specifically contemplated or required for the Construction Activities described above, the work contemplated by this Exhibit and this Agreement does not include any permitting activities or any construction, relocations, alterations, modifications, or upgrades with respect to any Company, Developer or third party facilities, the Transmission Project or any interconnection thereof to the Company’s Transmission System (“Implementation Work”), nor does Company make any commitment to undertake such Implementation Work. If the Parties elect, in their respective sole discretion, to proceed with any Implementation Work: (i) such Implementation Work would be performed pursuant to a separate, detailed, written, and mutually acceptable Transmission Project Interconnection Agreement to be entered into by the Parties and the NYISO, in accordance with the applicable provisions of the NYISO Open Access Transmission Tariff prior to the commencement of any such Implementation Work and (ii) payment of all actual costs incurred by Company or its Affiliates in connection with or related to such Implementation Work shall be the responsibility of Developer and Developer shall reimburse Company for all such costs. For the avoidance of doubt: the Company shall not have any responsibility for seeking or acquiring any real property rights, third party access rights or land use approvals (including, without limitation, any subdivision, zoning or other special, conditional use or other land use permits, approvals, licenses, consents, variances, or zoning changes) in connection with the Company Work, the Project, the Transmission Project or this Agreement including, without limitation, licenses, consents, permissions, certificates, approvals, or authorizations, or fee, easement or right of way interests. Neither this Agreement nor the Company Work include granting, securing or arranging for Developer or any third party to have access rights in, through, over or under any real property owned or controlled by the Company; any such access rights would be the subject of separate written agreements. Effective Date: 12/11/2020 - Docket #: ER21-778-000 - Page 69 EXECUTION VERSION SERVICE AGREEMENT NO. 2590 The Developer Required Actions shall consist of the following: 1. Developer shall prepare, file for, and use commercially reasonable efforts to obtain all Required Approvals necessary to perform its obligations under this Agreement. For the avoidance of doubt, the Parties agree that the Company will be responsible for preparing, filing for, and using reasonable efforts to obtain all Required Approvals necessary for it to perform the Construction Activities. 2. If and to the extent applicable or under the control of the Developer, provide complete and accurate information regarding the Developer’s Project and all applicable data, drawings and specifications if and when requested by Company. 3. Other responsibilities and access deemed necessary by Company to facilitate performance of the Company Work. Effective Date: 12/11/2020 - Docket #: ER21-778-000 - Page 71 EXECUTION VERSION SERVICE AGREEMENT NO. 2590 The Parties agree to provide Certificates of Insurance or Memorandums of Insurance evidencing the existence of insurance policies issued to them or self-insured coverage limits, satisfactory to the coverages and minimum limitations set forth below, and not subject to cancellation or material change without one Party giving thirty (30) days prior written notice to the other Party which policies or equally satisfactory renewals or extensions thereof shall be maintained in force during the term of this Agreement, as follows:

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: 1. Prepare, file for, and use reasonable efforts to obtain any Required Approvals that must be obtained by Company to enable it to perform the work contemplated by this Exhibit. 2. Review, from time to time, proposed outage schedules, construction sequencing, and other development activities. Transco and NMPC Reimbursement Agreement - December 2020 EXECUTION VERSION SERVICE AGREEMENT NO. 2590. 3. Inspect, review, witness, examine and test, from time to time, Company’s work contemplated herein and conduct other project management, administration and oversight activities in connection with the work contemplated by this Exhibit. 4. Review, from time to time, permitting, licensing and other materials relating to the work contemplated herein, including, without limitations, all documents and materials related to any Required Approvals 5. Retain and use outside experts, counsel, consultants, and contractors in furtherance of the work contemplated herein. 6. Attendance at and preparation for monthly Work management and outage planning meetings, as required by the Work. 7. Perform any other reasonable tasks necessary or advisable in connection with the work contemplated by this Exhibit (including, without limitation, any changes thereto). Except as specifically contemplated or required for the Construction Activities described above, the work contemplated by this Exhibit and this Agreement does not include any permitting activities or any construction, relocations, alterations, modifications, or upgrades with respect to any Company, Developer or third party facilities, the Transmission Project or any interconnection thereof to the Company’s Transmission System (“Implementation Work”), nor does Company make any commitment to undertake such Implementation Work. If the Parties elect, in their respective sole discretion, to proceed with any Implementation Work: (i) such Implementation Work would be performed pursuant to a separate, detailed, written, and mutually acceptable Transmission Project Interconnection Agreement to be entered into by the Parties and the NYISO, in accordance with the applicable provisions of the NYISO Open Access Transmission Tariff prior to the commencement of any such Implementation Work and (ii) payment of all actual costs incurred by Company or its Affiliates in connection with or related to such Implementation Work shall be the responsibility of Developer and Developer shall reimburse Company for all such costs. For the avoidance of doubt: the Company shall not have any responsibility for seeking or acquiring any real property rights, third party access rights or land use approvals (including, without limitation, any subdivision, zoning or other special, conditional use or other land use permits, approvals, licenses, consents, variances, or zoning changes) in connection with the Company Work, the Project, the Transmission Project or this Agreement including, without limitation, licenses, consents, permissions, certificates, approvals, or authorizations, or fee, easement or right of way interests. Neither this Agreement nor the Company Work include granting, securing or arranging for Developer or any third party to have access rights in, through, over or under any real property owned or controlled by the Company; any such access rights would be the subject of separate written agreements.

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: 1. Prepare, file for, and use reasonable efforts to obtain any Required Approvals that must be obtained by Company to enable it to perform the work contemplated by this Exhibit. 2. Review, from time to time, proposed outage schedules, construction sequencing, and other development activities. Transco and NMPC Reimbursement Agreement - December 2020 EXECUTION VERSION SERVICE AGREEMENT NO. 2590 3. Inspect, review, witness, examine and test, from time to time, Company▇▇▇▇▇▇▇’s work contemplated herein and conduct other project management, administration and oversight activities in connection with the work contemplated by this Exhibit. 4. Review, from time to time, permitting, licensing and other materials relating to the work contemplated herein, including, without limitations, all documents and materials related to any Required Approvals 5. Retain and use outside experts, counsel, consultants, and contractors in furtherance of the work contemplated herein. 6. Attendance at and preparation for monthly Work management and outage planning meetings, as required by the Work. 7. Perform any other reasonable tasks necessary or advisable in connection with the work contemplated by this Exhibit (including, without limitation, any changes thereto).