Common use of Operating Restrictions Clause in Contracts

Operating Restrictions. The Parties will develop and finalize the Operating Restrictions prior to the Commercial Operation Date, provided that the Operating Restrictions (i) may not be materially more restrictive of the operation of the Facility than as set forth below, unless agreed to by Buyer in writing, (ii) will, at a minimum, include the rules, requirements and procedures set forth in this Exhibit Q, (iii) will include protocols and parameters for Seller’s operation of the Facility in the absence of Charging Notices, Discharging Notices or other similar instructions from Buyer relating to the use of the Facility, and (iv) may include Facility Scheduling, Operating Restrictions and Communications Protocols. Maximum State of Charge (SOC) during Charging: 100% Minimum State of Charge (SOC) during Discharging: 0% Annual Cycles: 365 cycles with no monthly cap Daily Dispatch Limits: Charging: 2 per day Discharging: 2 per day ▇▇▇▇ ▇▇▇▇▇▇▇▇ of Facility: Yes Other Operating Limits: N/A Ancillary Services Capability: Yes Seller agrees to provide a one-time payment of [XXXXXXXXX Dollars] ($XXXXXXX) (“Community Investment Funds”) for community investment activities. These funds shall be transferred within thirty (30) days after the Commercial Operation Date. The Community Investment Funds will be utilized by Buyer for community investment activities. Seller shall use commercially reasonable efforts to achieve the following workforce objectives related to the construction and operation of the Facility: [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] 1 NTD – The definition of “Contract Year” is based on calendar years, not 12-month periods starting on COD.

Operating Restrictions. The Parties will develop and finalize the Operating Restrictions prior to the Commercial Operation Date, provided that the Operating Restrictions (i) may not be materially more restrictive of the operation of the Storage Facility than as set forth below, unless agreed to by Buyer in writing, (ii) will, at a minimum, include the rules, requirements and procedures set forth in this Exhibit Q, (iii) will include protocols and parameters for Seller’s operation of the Storage Facility in the absence of Charging Notices, Discharging Notices or other similar instructions from Buyer relating to the use of the Storage Facility, and (iv) may include Storage Facility Scheduling, Operating Restrictions and Communications Protocols. Maximum State of Charge (SOC) during Charging: 100% Minimum State of Charge (SOC) during Discharging: 0% Annual Cycles: 365 [365/465] cycles per Contract Year with no monthly cap Daily Dispatch Limits: Charging: 2 per day Discharging: 2 per day ▇▇▇▇ ▇▇▇▇▇▇▇▇ Grid Charging of Storage Facility: Yes Other Operating Limits: N/A Ancillary Services Capability: Yes [To be provided by Seller] Seller agrees shall donate $____________ to provide a one-time payment of [XXXXXXXXX Dollars] ($XXXXXXX) Ava’s Community Investment Fund (“Community Investment Funds”), with fifty percent (50%) for community investment activities. These funds shall be transferred due within thirty sixty (3060) days after the Commercial Operation Effective Date of the PPA, and fifty percent (50%) due on or before the Guaranteed Construction Start Date. The Community Investment Funds will be utilized by Buyer for community investment activities. [To be provided by Buyer] Seller shall use commercially reasonable efforts to achieve the following workforce objectives related to the construction and operation of the Facility: [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] 1 NTD – The definition of “Contract Year” is based on calendar years, not 12-month periods starting on COD.]

Operating Restrictions. The Parties will develop and finalize the Operating Restrictions prior to the Commercial Operation Date, provided that the Operating Restrictions (i) may not be materially more restrictive of the operation of the Facility than as set forth below, unless agreed to by Buyer in writing, (ii) will, at a minimum, include the rules, requirements and procedures set forth in this Exhibit Q, (iii) will include protocols and parameters for Seller’s operation of the Facility in the absence of Charging Notices, Discharging Notices or other similar instructions from Buyer relating to the use of the Facility, and (iv) may include Facility Scheduling, Operating Restrictions and Communications Protocols. Maximum State of Charge (SOC) during Charging: 100% Minimum State of Charge (SOC) during Discharging: 0% Annual Cycles: 365 cycles [365/465] Cycles per Contract Year with no monthly cap Daily Dispatch Limits: Charging: 2 per day Discharging: 2 per day ▇▇▇▇ ▇▇▇▇▇▇▇▇ of Facility: Yes Other Operating Limits: N/A Ancillary Services Capability: Yes [To be provided by Seller] Seller agrees shall donate $____________ to provide a one-time payment of [XXXXXXXXX Dollars] ($XXXXXXX) (“Ava’s Community Investment Fund(“Community Investment Funds”), with fifty percent (50%) for community investment activities. These funds shall be transferred due within thirty sixty (3060) days after the Commercial Operation Effective Date of the ESSA, and fifty percent (50%) due on or before the Guaranteed Construction Start Date. The Community Investment Funds will be utilized by Buyer for community investment activities. [To be provided by Buyer] Seller shall use commercially reasonable efforts to achieve the following workforce objectives related to the construction and operation of the Facility: [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] 1 NTD – The definition of “Contract Year” is based on calendar years, not 12-month periods starting on COD. Contract Year 1 will be COD through December 31, all Contract Years other than the first and last Contract Year will be Jan 1 through December 31, and the last Contract Year will be Jan 1 through midnight of the day prior to the anniversary of the Commercial Operation Date.

Operating Restrictions. The Parties will develop and finalize the Operating Restrictions prior to the Commercial Operation Date, provided that the Operating Restrictions (i) may not be materially more restrictive of the operation of the Storage Facility than as set forth below, unless agreed to by Buyer in writing, (ii) will, at a minimum, include the rules, requirements and procedures set forth in this Exhibit Q, (iii) will include protocols and parameters for Seller’s operation of the Storage Facility in the absence of Charging Notices, Discharging Notices or other similar instructions from Buyer relating to the use of the Storage Facility, and (iv) may include Storage Facility Scheduling, Operating Restrictions and Communications Protocols. Maximum State of Charge (SOC) during Charging: 100% Minimum State of Charge (SOC) during Discharging: 0% Annual Cycles: 365 cycles with no monthly cap Daily Dispatch Limits: Charging: 2 per day Discharging: 2 per day ▇▇▇▇ ▇▇▇▇▇▇▇▇ Grid Charging of Storage Facility: Yes Other Operating Limits: N/A Ancillary Services Capability: Yes Seller agrees to provide a one-time payment of [XXXXXXXXX Dollars] ($XXXXXXX) (“Community Investment Funds”) for community investment activities. These funds shall be transferred within thirty (30) days after the Commercial Operation Date. The Community Investment Funds will be utilized by Buyer for community investment activities. Seller shall use commercially reasonable efforts to achieve the following workforce objectives related to the construction and operation of the Facility: [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] 1 NTD – The definition of “Contract Year” is based on calendar years, not 12-month periods starting on COD.