Common use of Facility Site Clause in Contracts

Facility Site. The Facility Site shall be the area ofland depicted in the conceptual map below subject to a more precise description of such area in the Ground Lease to be entered into by the Parties prior to the Construction Commencement Date. CONCEPTUAL II LEASE BOUNDARY "'-...,··-··-" I EXISTING DEERHAVEN SITE OHS Eastl60487572.14 Appendix II Products Product Quantity Sold to Purchaser Dependable Capacity One Hundred Percent (100%) Energy One Hundred Percent (100%) Environmental Attributes One Hundred Percent (100%) Appendix III Contract Prices Billing Charge Facility Status Measurement (for Billing Period) Contract Prices Escalation Non-Fuel Energy Charge Facility Receives ITC or Renewable Energy Grant Available Energy $50.00/MWh x Construction Cost Adjuster None Facility Does Not Receive ITC or Renewable Energy Grant Available Energy $58.10/MWh x Construction Cost Adjuster None Fixed O&M Charge N/A Available Energy $23.00/MWh None Variable O&M Charge N/A Delivered Energy $3.15/MWh Annually on the anniversary of the Effective Date, the Variable O&M Charge shall be escalated by the percentage change in the CPI from the CPI value 12 months before the current anniversary date Fuel Charge N/A Delivered Energy Base Fuel Charge + Fuel Price Adjuster None Shutdown Charge N/A Purchaser Shutdown Startup Fuel Cost + Startup O&M Cost Annually on the anniversary of the Commercial Operation Date, the Startup O&M Cost shall be escalated by the percentage change in the CPI from the CPI value 12 months before the current anniversary date Ad Valorem N/A Actual monthly (or a lump-sum) ad valorem taxes paid by Seller Actual monthly (or a lump-sum) ad valorem taxes paid by Seller, subject to adjustment pursuant to Section 3.4.2. None • Assume Construction Commencement Date is November 15, 2010 • Assume ENR BCI ATL for November 2010 is 3638.1 • ENR BCI ATL for April 2009 is 3725.44 • Assume Dollar/Euro Exchange Rate for Construction Commencement Date is 1.434 • Dollar/Euro Exchange Rate for 4/29/2009 is 1.3023 (93% x (ENR BCI ATL for 11/2010 ÷ ENR BCI ATL for 4/2009)) + (7% x (Dollar/Euro Exchange Rate for 11/15/2010 ÷ Dollar/Euro Exchange Rate for 4/29/2009)) = (93% x (3638.10 ÷ 3725.44)) + (7% x (1.4340 ÷ 1.3023)) = (0.93 x 0.9766) + (0.07 x 1.1011) = (0.9082 + 0.0771) = 0.9851

Facility Site. The Facility Site shall be the area ofland of land depicted in the conceptual map below subject to a more precise description of such area in the Ground Lease to be entered into by the Parties prior to the Construction Commencement Date. CONCEPTUAL II LEASE BOUNDARY "'-...,··-··-" I EXISTING DEERHAVEN SITE OHS Eastl60487572.14 Appendix II Products Product Quantity Sold to Purchaser Dependable Capacity One Hundred Percent (100%) Energy One Hundred Percent (100%) Environmental Attributes One Hundred Percent (100%) Appendix III Contract Prices Billing Charge Facility Status Measurement (for Billing Period) Contract Prices Escalation Non-Fuel Energy Charge Facility Receives ITC or Renewable Energy Grant Available Energy $50.00/MWh x Construction Cost Adjuster None Facility Does Not Receive ITC or Renewable Energy Grant Available Energy $58.10/MWh x Construction Cost Adjuster None Fixed O&M Charge N/A Available Energy $23.00/MWh None Variable O&M Charge N/A Delivered Energy $3.15/MWh Annually on the anniversary of the Effective Date, the Variable O&M Charge shall be escalated by the percentage change in the CPI from the CPI value 12 months before the current anniversary date Fuel Charge N/A Delivered Energy Base Fuel Charge + Fuel Price Adjuster None Shutdown Charge N/A Purchaser Shutdown Startup Fuel Cost + Startup O&M Cost Annually on the anniversary of the Commercial Operation Date, the Startup O&M Cost shall be escalated by the percentage change in the CPI from the CPI value 12 months before the current anniversary date Ad Valorem N/A Actual monthly (or a lump-sum) ad valorem taxes paid by Seller Actual monthly (or a lump-sum) ad valorem taxes paid by Seller, subject to adjustment pursuant to Section 3.4.2. None • Assume Construction Commencement Date is November 15, 2010 • Assume ENR BCI ATL for November 2010 is 3638.1 • ENR BCI ATL for April 2009 is 3725.44 • Assume Dollar/Euro Exchange Rate for Construction Commencement Date is 1.434 • Dollar/Euro Exchange Rate for 4/29/2009 is 1.3023 (93% x (ENR BCI ATL for 11/2010 ÷ ENR BCI ATL for 4/2009)) + (7% x (Dollar/Euro Exchange Rate for 11/15/2010 ÷ Dollar/Euro Exchange Rate for 4/29/2009)) = (93% x (3638.10 ÷ 3725.44)) + (7% x (1.4340 ÷ 1.3023)) = (0.93 x 0.9766) + (0.07 x 1.1011) = (0.9082 + 0.0771) = 0.9851