Common use of Electric Service Clause in Contracts

Electric Service. 1. The Authority shall make available Electric Service to enable the Customer to receive the Allocation in accordance with this Agreement, Service Tariff No. WNY-2 and the Rules. 2. The Customer shall not be entitled to receive Electric Service under this Agreement for any EP and/or RP allocation unless such EP and/or RP allocation is identified in Schedule A. 3. The Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Allocation specified in Schedule A. If Schedule C specifies a Takedown Schedule for the Allocation, the Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Allocation in accordance with such Takedown Schedule. 4. The Authority shall provide UCAP in amounts necessary to meet the Customer’s NYISO UCAP requirements associated with the Allocation in accordance with the NYISO Tariffs. The Customer shall be responsible to pay the Authority for such UCAP in accordance with Service Tariff No. WNY-2. 5. The provision of Electric Service associated with the Allocation is an unbundled service separate from the transmission and delivery of power and energy to the Customer. The Customer acknowledges and agrees that Customer’s local electric utility, not the Authority, shall be responsible for delivering the Allocation to the Facility specified in Schedule A in accordance with the applicable Utility Tariff(s). 6. The Contract Demand for the Customer’s Allocation may be modified by the Authority if the amount of Firm Power and Firm Energy available for sale as EP or RP from the Project is modified as required to comply with any ruling, order, or decision of any regulatory or judicial body having jurisdiction, including but not limited to FERC. Any such modification will be made on a pro rata basis to all EP and RP customers, as applicable, based on the terms of such ruling, order, or decision. 7. The Contract Demand may not exceed the Allocation. 8. The Customer’s Facility must be metered by the Customer’s local electric utility in a manner satisfactory to the Authority, or another metering arrangement satisfactory to the Authority must be provided (collectively, “Metering Arrangement”). A Metering Arrangement that is not satisfactory to the Authority shall be grounds, after notice to the Customer, for the Authority to modify, withhold, suspend, or terminate Electric Service to the Customer. If a Metering Arrangement is not made to conform to the Authority’s requirements within thirty

Electric Service. 1. The Authority shall will make available Electric Service to enable the Customer to receive the Allocation in accordance with this Agreement, the Service Tariff No. WNY-2 and the Rules. 2. The Customer shall is not be entitled to receive Electric Service under this Agreement for any EP and/or RP PP allocation unless such EP and/or RP PP allocation is identified in Schedule A. 32. The Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Allocation specified in Schedule A. If Schedule C specifies a Takedown Schedule for the Allocation, the Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Allocation in accordance with such Takedown Schedule. 43. The Authority shall provide UCAP in amounts necessary to meet the Customer’s NYISO UCAP requirements associated with the Allocation in accordance with the NYISO Tariffs. The Customer shall be responsible to pay the Authority for such UCAP in accordance with the Service Tariff No. WNY-2Tariff. 54. The provision of Electric Service associated with the Allocation is an unbundled service separate from the transmission and the delivery of power and energy to the CustomerAllocation. The Customer acknowledges and agrees that Customer’s local electric utility, not the Authority, shall be is responsible for delivering the delivery of the Allocation to the Facility specified in Schedule A in accordance with the applicable Utility Tariff(s). 65. The Contract Demand for the Customer’s Allocation may be modified by the Authority if the amount of Firm Power and Firm Energy available for sale as EP or RP PP from the Project is modified as required to comply with any ruling, order, or decision of any regulatory or judicial body having jurisdiction, including but not limited to FERC. Any such modification will be made on a pro rata basis to all EP and RP customersPP customers receiving Electric Service under the Service Tariff, as applicable, based on the terms of such ruling, order, or decision. 76. The Contract Demand may not exceed the Allocation. 87. The Customer’s Facility must be metered by the Customer’s local electric utility in a manner that is satisfactory to the Authority, or another metering arrangement satisfactory to the Authority must be provided (collectively, “Metering Arrangement”). A Metering Arrangement that is not satisfactory to the Authority shall be grounds, after notice to the Customer, for the Authority to modify, withhold, suspend, or terminate Electric Service to the Customer. If a Metering Arrangement is not made to conform to the Authority’s requirements within thirtythirty (30) days of a determination that it is unsatisfactory, the Authority may modify, withhold, suspend, or terminate Electric Service on at least ten (10) days’ prior written notice to the Customer. After commencement of Electric Service, the Customer shall notify the Authority in writing within thirty (30) days of any alteration to the Facility’s Metering Arrangement, and provide any information requested by the Authority (including Facility access) to enable the Authority to determine whether the Metering Arrangement remains satisfactory. If an altered Metering Arrangement is not made to conform to the Authority’s requirements within thirty (30) days of a determination it is unsatisfactory, the Authority may modify, withhold, suspend, or terminate Electric Service on at least ten (10) days’ prior written notice to the Customer. The Authority may, in its discretion, waive any of the requirements provided for in this Section in whole or in part where in the Authority’s judgment, another mechanism satisfactory to the Authority can be implemented to enable the Authority to receive pertinent, timely and accurate information relating to the Customer’s energy consumption and demand and render bills to the Customer for all fees, assessments and charges that become due in accordance with this Agreement, the Service Tariff, and the Rules. 8. The Customer consents to the exchange of information between the Authority and the Customer’s local electric utility pertaining to the Customer that such parties determine is necessary to provide for the allocation, sale and delivery of the Allocation to the Customer at the Facility, the proper and efficient implementation of the PP program, billing related to Electric Service, and/or the performance of such parties’ obligations under any contracts or other arrangements between them relating to such matters. In addition, the Customer agrees to complete such forms and consents that the Authority determines are necessary to effectuate such exchanges of information. 9. The provision of Electric Service by the Authority shall be dependent upon the existence of a written agreement between the Authority and the Customer’s local electric utility providing for the delivery of the Allocation on terms and conditions that are acceptable to the Authority. 10. The Customer understands and acknowledges that the Authority may from time to time require the Customer to complete forms, execute consents, and provide information (collectively, “Service Information”) that the Authority determines is necessary for the provision of Electric Service, the delivery of the Allocation, billing related to Electric Service, the effective administration of the PP program, and/or the performance of contracts or other arrangements between the Authority and the Customer’s local electric utility. The Customer’s failure to provide Service Information on a timely basis shall be grounds for the Authority in its discretion to modify, withhold, suspend, or terminate Electric Service to the Customer.

Electric Service. 1. The Authority shall make available Electric Service to enable the Customer to receive the Allocation in accordance with this Agreement, Service Tariff No. WNY-2 and the Rules. 2. The Customer shall not be entitled to receive Electric Service under this Agreement for any EP and/or RP allocation unless such EP and/or RP allocation is identified in Schedule A. 3. The Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Allocation specified in Schedule A. If Schedule C specifies a Takedown Schedule for the Allocation, the Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Allocation in accordance with such Takedown Schedule. 4. The Authority shall provide UCAP in amounts necessary to meet the Customer’s NYISO UCAP requirements associated with the Allocation in accordance with the NYISO Tariffs. The Customer shall be responsible to pay the Authority for such UCAP in accordance with Service Tariff No. WNY-2. 5. The provision of Electric Service associated with the Allocation is an unbundled service separate from the transmission and delivery of power and energy to the Customer. The Customer acknowledges and agrees that Customer’s local electric utility, not the Authority, shall be responsible for delivering the Allocation to the Facility specified in Schedule A in accordance with the applicable Utility Tariff(s). 6. The Contract Demand for the Customer’s Allocation may be modified by the Authority if the amount of Firm Power and Firm Energy available for sale as EP or RP from the Project is modified as required to comply with any ruling, order, or decision of any regulatory or judicial body having jurisdiction, including but not limited to FERC. Any such modification will be made on a pro rata basis to all EP and RP customers, as applicable, based on the terms of such ruling, order, or decision. 7. The Contract Demand may not exceed the Allocation. 8. The Customer’s Facility must be metered by the Customer’s local electric utility in a manner satisfactory to the Authority, or another metering arrangement satisfactory to the Authority must be provided (collectively, “Metering Arrangement”). A Metering Arrangement that is not satisfactory to the Authority shall be grounds, after notice to the Customer, for the Authority to modify, withhold, suspend, or terminate Electric Service to the Customer. If a Metering Arrangement is not made to conform to the Authority’s requirements within thirtythirty (30) days of a determination that it is unsatisfactory, the Authority may modify, withhold, suspend, or terminate Electric Service on at least ten (10) days’ prior written notice to the Customer. After commencement of Electric Service, the Customer shall notify the Authority in writing within thirty (30) days of any alteration to the Facility’s Metering Arrangement, and provide any information requested by the Authority (including Facility access) to enable the Authority to determine whether the Metering Arrangement remains satisfactory. If an altered Metering Arrangement is not made to conform to the Authority’s requirements within thirty (30) days of a determination it is unsatisfactory, the Authority may modify, withhold, suspend, or terminate Electric Service on at least ten (10) days’ prior written notice to the Customer. The Authority may, in its discretion, waive any of the requirements provided for in this Section in whole or in part where in the Authority’s judgment, another mechanism satisfactory to the Authority can be implemented to enable the Authority to receive pertinent, timely and accurate information relating to the Customer’s energy consumption and demand and render bills to the Customer for all fees, assessments and charges that become due in accordance with this Agreement, Service Tariff No. WNY-2, and the Rules. 9. The Customer consents to the exchange of information between the Authority and the Customer’s local electric utility pertaining to the Customer that such parties determine is necessary to provide for the allocation, sale and delivery of the Allocation to the Customer, the proper and efficient implementation of the EP and/or RP program, billing related to Electric Service, and/or the performance of such parties’ obligations under any contracts or other arrangements between them relating to such matters. In addition, the Customer agrees to complete such forms and consents that the Authority determines are necessary to effectuate such exchanges of information. 10. The provision of Electric Service by the Authority shall be dependent upon the existence of a written agreement between the Authority and the Customer’s local electric utility providing for the delivery of the Allocation on terms and conditions that are acceptable to the Authority. 11. The Customer understands and acknowledges that the Authority may from time to time require the Customer to complete forms, execute consents, and provide information (collectively, “Service Information”) that the Authority determines is necessary for the provision of Electric Service, the delivery of the Allocation, billing related to Electric Service, the effective administration of the EP and/or RP programs, and/or the performance of contracts or other arrangements between the Authority and the Customer’s local electric utility. The Customer’s failure to provide Service Information on a timely basis shall be grounds for the Authority in its discretion to modify, withhold, suspend, or terminate Electric Service to the Customer.

Electric Service. 1. The Authority shall will make available Electric Service to enable the Customer to receive the Allocation in accordance with this Agreement, the Service Tariff No. WNY-2 and the Rules. 2. The Customer shall is not be entitled to receive Electric Service under this Agreement for any EP and/or RP PP allocation unless such EP and/or RP PP allocation is identified in Schedule A. 32. The Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Allocation specified in Schedule A. If Schedule C specifies a Takedown Schedule for the Allocation, the Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Allocation in accordance with such Takedown Schedule. 43. The Authority shall provide UCAP in amounts necessary to meet the Customer’s NYISO UCAP requirements for the Customer’s Native System Load, inclusive of NYISO UCAP requirements associated with the Allocation Allocation, in accordance with the NYISO Tariffs. The Customer shall be responsible to pay the Authority for all such UCAP in accordance with the Service Tariff No. WNY-2Tariff. 5. The provision of Electric Service associated with the Allocation is an unbundled service separate from the transmission and delivery of power and energy to the Customer. The Customer acknowledges and agrees that Customer’s local electric utility, not the Authority, shall be responsible for delivering the Allocation to the Facility specified in Schedule A in accordance with the applicable Utility Tariff(s). 64. The Contract Demand for the Customer’s Allocation may be modified by the Authority if the amount of Firm Power and Firm Energy available for sale as EP or RP PP from the Project is modified as required to comply with any ruling, order, or decision of any regulatory or judicial body having jurisdiction, including but not limited to FERC. Any such modification will be made on a pro rata basis to all EP and RP customersPP customers receiving Electric Service under the Service Tariff, as applicable, based on the terms of such ruling, order, or decision. 75. The Contract Demand may not exceed the Allocation. 86. The Parties recognize and agree that the current metering arrangements for the Customer’s Facility must be metered by are acceptable as of the Effective Date. The Customer and the Authority agree to work together to modify the existing metering arrangements to result in the Customer’s local electric utility Facility being metered using Authority revenue-grade metering in a manner that is reasonably satisfactory to the Authority, Authority or another metering arrangement reasonably satisfactory to the Authority must be provided (collectively, “Metering Arrangement”). A After commencement of Electric Service under the agreed upon Metering Arrangement that is not satisfactory Arrangement, the Customer shall notify the Authority in writing within thirty (30) days of any alteration to the Facility’s Metering Arrangement, and provide any information reasonably requested by the Authority shall be grounds, after notice (including Facility access) to the Customer, for enable the Authority to modify, withhold, suspend, or terminate Electric Service to determine whether the CustomerMetering Arrangement remains satisfactory. If a an altered Metering Arrangement is not made to conform to the Authority’s requirements within thirtythirty (30) days of a determination it is unsatisfactory, the Authority may modify, withhold, or suspend Electric Service on at least ten (10) days’ prior written notice to the Customer. If the Metering Arrangement or altered Metering Arrangement is made to conform, in the Authority’s reasonable determination, following the provided periods to cure, then the Authority shall continue Electric Service, without modification, within ten (10) days of the Authority determining the Metering Arrangement conforms. The Authority may, in its discretion, waive any of the requirements provided for in this Section in whole or in part where in the Authority’s judgment, another mechanism satisfactory to the Authority can be implemented to enable the Authority to receive pertinent, timely and accurate information relating to the Customer’s energy consumption and demand and render bills to the Customer for all fees, assessments and charges that become due in accordance with this Agreement, the Service Tariff, and the Rules. 7. The Customer agrees to provide relevant information to the Authority that the Authority determines is necessary to provide for the sale and delivery of the Allocation to the Customer at the Facility, the proper and efficient implementation of the PP program, billing related to Electric Service, and/or the performance of obligations under any contracts or other arrangements between the Parties relating to such matters (collectively, “Service Information”). In addition, the Customer agrees to complete such administrative forms and consents that the Authority determines are necessary to provide the Service Information, provided that the Customer and Authority enter into a written agreement that protects confidential or proprietary information of the Customer from unwarranted disclosure. The Customer’s failure to provide Service Information on a timely basis shall be grounds for the Authority in its discretion to modify, withhold, or suspend Electric Service to the Customer. 8. The Customer shall be responsible for (a) obtaining all consents and agreements from any person that are necessary for the Customer to occupy, operate and receive Electric Service at the Facility, and (b) complying with any requirements of any such person that are necessary for the provision of Electric Service to the Facility in the manner provided for in this Agreement. The Authority agrees to meet and confer with the Customer regarding such consents, agreements and requirements, and whether there are steps that the Authority in its discretion can take to assist the Customer with such matters. All such agreements, consents and requirements shall be subject to the Authority’s review and approval prior to the commencement of Electric Service, and no such agreements, consents or requirements shall be subject to any conditions or subsequently changed in a manner that materially impacts the Authority’s rights and obligations under this Agreement. 9. If in any given hour during a Billing Period the Customer’s load requirements exceed the Customer’s Contract Demand, the Authority will provide sufficient incremental power and energy through Market Supply to meet such load, based on a load factor sharing methodology and settlement principles as provided in the Service Tariff, and the Customer shall pay the Authority for any and all costs associated with such provision of incremental power and energy as provided in the Service Tariff. The Market Supply shall be reflected in the Customer’s ▇▇▇▇ including, but not limited to, Incremental Demand Charges, Incremental Energy Charges, Incremental UCAP and TSCs associated with such Market Supply necessary to satisfy the Customer’s load above its Contract Demand.

Electric Service. 1. The Authority shall make available will provide Electric Service to enable the Customer to receive the Accepted Allocation in accordance with this Agreement, Service Tariff No. WNY-2 RNY-1 and the Rules. 2. The Customer shall not be entitled to receive Electric Service under this Agreement for any EP and/or RP allocation RNY Power unless such EP and/or RP allocation RNY Power is identified in as an Accepted Allocation on Schedule A.A. SAMPLE 32. The Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Accepted Allocation specified in on Schedule A. If Schedule C specifies a Takedown Schedule for the an Accepted Allocation, the Authority will provide, and the Customer shall accept and pay for, Electric Service with respect to the Accepted Allocation in accordance with such Takedown Schedule. 3. The Contract Demand may not exceed the Accepted Allocation. 4. The As part of its Electric Service to the Customer, the Authority shall will provide UCAP in amounts necessary to meet the Customer’s NYISO UCAP Unforced Capacity requirements associated with the Accepted Allocation in accordance with the NYISO Tariffs. The Customer shall be responsible to pay the Authority for such UCAP in accordance with Service Tariff No. WNY-2RNY- 1. 5. The provision of Electric Service associated with the Allocation is an unbundled service separate from the transmission and delivery of power and energy to the Customer. The Customer acknowledges and agrees that Customer’s local electric utility, not the Authority, shall be responsible for delivering the Allocation to the Facility specified in Schedule A in accordance with the applicable Utility Tariff(s). 6. The Contract Demand for the Customer’s Allocation may be modified by the Authority if the amount of Firm Power and Firm Energy available for sale as EP or RP from the Project is modified as required to comply with any ruling, order, or decision of any regulatory or judicial body having jurisdiction, including but not limited to FERC. Any such modification will be made on a pro rata basis to all EP and RP customers, as applicable, based on the terms of such ruling, order, or decision. 7. The Contract Demand may not exceed the Allocation. 8. The Customer’s Facility must be metered by the Customer’s local electric utility in a manner satisfactory to the Authority, or another metering arrangement satisfactory to the Authority must be provided (collectively, “Metering Arrangement”). A Metering Arrangement that is not satisfactory to the Authority shall be grounds, after notice to the Customer, grounds for the Authority in its sole discretion to modify, withhold, suspend, withhold or terminate suspend Electric Service to the Customer. After commencement of Electric Service, the Customer shall notify the Authority in writing within thirty (30) days of any alteration to the Facility’s Metering Arrangement, and provide any information requested by the Authority (including Facility access) to enable the Authority to determine whether the Metering Arrangement remains satisfactory. If a an altered Metering Arrangement is not made to conform conformed to the Authority’s requirements within thirtythirty (30) days of a determination it is unsatisfactory, the Authority may suspend Electric Service on at least ten (10) days’ prior written notice to the Customer. The Authority may, in its sole discretion, waive any of the requirements provided for in this Section 2.5 in whole or in part where, in the Authority’s judgment, another mechanism satisfactory to the Authority can be implemented to enable the Authority to receive pertinent, timely and accurate information relating to the Customer’s energy consumption and demand and render bills to the Customer for all charges that become due in accordance with this Agreement, Service Tariff No. RNY-1, and the Rules. 6. If the Customer has elected to purchase RNY Market Power from the Authority, the Customer may request cancellation of such election. A request for cancellation must be made in writing in a form deemed satisfactory by the Authority and may only be made for the full amount of RNY Market Power purchased from the Authority. If the Authority in its sole discretion accepts the request, the Authority will effectuate such cancellation as soon as practicable, taking into consideration any commitments the Authority has made under contracts entered into with third parties for the purpose of supporting RNY Market Power supply and delivery to the Customer and other RNY Power program customers. The Authority shall have the right to reject a request for cancellation to the extent the Authority determines that such cancellation would unreasonably increase the costs chargeable to other RNY Power program customers or cause the Authority to incur unrecoverable costs. If the Customer’s election is cancelled pursuant to this provision, the Authority shall have no further obligation to sell RNY Market Power to the Customer for the remaining term of the corresponding Accepted Allocation. SAMPLE 7. The Customer acknowledges and agrees that Customer’s local electric utility shall be responsible for delivering the Accepted Allocation to the Facility specified in Schedule A, and that the Authority has no responsibility for delivering any Accepted Allocation to the Customer. 8. By entering into this Agreement, the Customer consents to the exchange of information between the Authority and the Customer’s local electric utility pertaining to the Customer that such parties determine is necessary to provide for the allocation, sale and delivery of RNY Power to the Customer, the proper and efficient implementation of the RNY Power program, billing related to RNY Power, and/or the performance of such parties’ obligations under any contracts or other arrangements between them relating to such matters. In addition, the Customer agrees to complete such forms and consents the Authority determines are necessary to effectuate such exchanges of information. 9. The Authority may modify or terminate Electric Service under this Agreement or modify the quantities of power and energy associated with any Accepted Allocation (i) if such modification or termination is required to comply with any final ruling, order or decision of any regulatory or judicial body of competent jurisdiction (including any licensing or re-licensing order or orders of the FERC or its successor agency), or (ii) as otherwise provided in this Agreement, Service Tariff No. RNY-1, or in the Rules. Unless such notice is not practicable, the Authority will provide thirty (30) days prior written notice to the Customer before any such modification. 10. The Accepted Allocation may be modified by the Authority if the amount of power and energy available for sale as RNY Power from the Hydro Projects is modified as required to comply with any ruling, order or decision of any regulatory or judicial body having jurisdiction (“Regulatory Order”). Any such modification will be made on a pro rata basis to all of the Authority’s RNY Power customers, as applicable, based on the terms of such ruling, order or decision. Unless such notice is not practicable, the Authority will provide thirty (30) days prior written notice to the Customer before any such modification. 11. The provision of Electric Service by the Authority shall be dependent upon the existence of a written agreement between the Authority and the Customer’s local electric utility providing for the delivery of RNY Power on terms and conditions that are acceptable to the Authority. 12. The Customer understands and acknowledges that the Authority may from time to time require the Customer to complete forms, provide documentation, execute consents and provide other information (collectively, “Information”) the Authority determines is necessary for the provision of Electric Service, the delivery of RNY Power, billing related to the RNY Power Program, the effective and proper administration of the RNY Power program, and/or the performance of contracts or other arrangements between the Authority and the Customer’s local electric utility. The Customer’s failure to provide such Information shall be grounds for the Authority in its sole discretion to withhold or suspend Electric Service to the Customer.