Common use of Project Information Clause in Contracts

Project Information. The Product is unit specific; RECs Delivered must be from the Project specified in the Table 1 and Seller represents as of the date of each Delivery hereunder that: (a) The Project is a new project such that the Date of First Operation of the Project as recorded by PJM EIS GATS or M-RETS did not occur on or before June 1, 2017. (b) As required by Section 1-75(c)(1)(J) of the IPA Act, the Project is not and will not be a generating unit whose costs are being recovered through rates regulated by Illinois or any other state or states. (c) As required by Section 1-75(c)(7) of the IPA Act, if the Project is a Utility-Scale Solar Project or a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Project, the Project has been installed by Qualified Persons in compliance with Section 16-128A of the Public Utilities Act and any rules or regulations adopted thereunder. (d) The Project is located in Illinois or located in a state adjacent to Illinois. If the Project is located in a state adjacent to Illinois, Seller further represents that: (i) it has reviewed Section 1-75(c)(1)(I) of the IPA Act and believes the Project meets the public interest criteria described therein, (ii) it understands that the application of the public interest criteria will be detailed in the IPA’s initial long term renewable resources procurement plan and is subject to the approval of the Illinois Commerce Commission, and (iii) it acknowledges that, subsequent to the Effective Date, if it is determined that the Project does not meet the public interest criteria, then an Event of Default shall be deemed to have occurred. (e) The Project is from the Class of Resource indicated in Table 1 and meets the requirements specified in the IPA Act or rules promulgated by the Illinois Commerce Commission for the designated Class of Resource. (f) At least 50% of the Project is located within the physical location identified in the Site Description in Table 1. (g) If the Project is determined not to be in compliance with any of the provisions of Sections 5(a) through (f) (inclusive), then an Event of Default shall be deemed to have occurred. Upon the occurrence of such Event of Default, Buyer shall terminate this REC Contract five (5) Business Days after written notice by Buyer to Seller unless Seller demonstrates, within such five (5) Business Day period and to the satisfaction of Buyer in its sole discretion, that such Event of Default has not occurred. For such Event of Default, except for non-compliance with Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the Collateral Requirement. For an Event of Default due to Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) 110% of the total payments Seller has received from Buyer. The Parties acknowledge that (A) Buyer shall be damaged by the failure of Seller to comply with the Sections 5(a) through (f) (inclusive), (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (C) the remedies specified herein are fair and reasonable and do not constitute a penalty, and (D) the remedies specified in this Section 5(g) shall be Buyer’s sole and exclusive remedy in the event that Seller fails to comply with Sections 5(a) through (f) (inclusive) and, for the avoidance doubt, neither Buyer nor Seller shall be entitled to any Termination Payment under such circumstance.

Project Information. The Product is unit specific; RECs Delivered under this Agreement must be from the Project specified in the Table 1 Product Order and Seller represents as of the date of each Delivery Date hereunder that: (a) The Project is a new project such that the Date of First Operation of the Project as recorded by PJM EIS GATS or M-RETS (i) did not occur on or before June 1, 2017, and (ii) did not occur after the day that is three (3) years after the Commission Bid Approval Date or (iii) if the Date of First Operation of the Project occurred after the day that is three (3) years after the Commission Bid Approval Date, the delay of such occurrence is due to Force Majeure. (b) As required by Section 1-75(c)(1)(J) of the IPA Act, the Project is not and will not be a generating unit whose costs are being recovered through rates regulated by Illinois or any other state or states. (c) As required by Section 1-75(c)(7) of the IPA Act, if the Project is a Utility-Scale Solar Project or a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Project, the Project has been installed by Qualified Persons in compliance with Section 16-128A of the Public Utilities Act and any rules or regulations adopted thereunder. (d) The Project is located in Illinois or located in a state adjacent to Illinois. If the Project is located in a state adjacent to Illinois, Seller further represents that: (i) it has reviewed Section 1-75(c)(1)(I) of the IPA Act and believes the Project meets the public interest criteria described therein, (ii) it understands that the application of the public interest criteria will be detailed in the IPA’s initial long term renewable resources procurement plan and is subject to the approval of the Illinois Commerce Commission, and (iii) it acknowledges that, subsequent to the Effective Date, if it is determined by the IPA that the Project does not meet the public interest criteriacriteria in accordance with the application of the public interest criteria as detailed in the IPA’s long term renewable resources procurement plan as approved by the Illinois Commerce Commission in ICC Docket No.19-0995, then an Event of Default shall be deemed to have occurred. (ed) The Project is from the Class of Resource indicated in Table 1 the Product Order and meets the requirements specified in the IPA Act or rules promulgated by the Illinois Commerce Commission ICC for the designated Class of Resource. (fe) At least 50% of the Project is located within the physical location identified in the Site Description in Table 1the Product Order. (gf) If the Project is determined not to be in compliance with any of the provisions of Sections 5(a2.2(a) through (fe) (inclusive), then an Event of Default shall be deemed to have occurred. Upon the occurrence of such Event of Default, Buyer shall terminate this REC Contract Agreement five (5) Business Days after written notice by Buyer to Seller unless Seller demonstrates, within such five (5) Business Day period and to the satisfaction of Buyer in its sole discretion, that such Event of Default has not occurred. For such Event of Default, except for non-compliance with Section 5(b2.2(b), Buyer shall be entitled to payment by Seller in the amount of the sum of: (i) the Collateral RequirementRequirement and (ii) 100% of the total payments Seller has received from Buyer. For an Event of Default due to Section 5(b2.2(b), Buyer shall be entitled to payment by Seller in the amount of the greater sum of: (i) the Collateral Requirement or and (ii) 110% of the total payments Seller has received from Buyer. The Parties acknowledge that (A) Buyer shall be damaged by the failure of Seller to comply with the one or more of Sections 5(a2.2(a) through (fe) (inclusive), (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (C) the remedies specified herein are fair and reasonable and do not constitute a penalty, and (D) the remedies specified in this Section 5(g2.2(f) shall be Buyer’s sole and exclusive remedy in the event that Seller fails to comply with one or more of Sections 5(a2.2(a) through (fe) (inclusive) and, for the avoidance doubt, neither Buyer nor Seller shall be entitled to any Termination Payment calculated pursuant to Section 9.4 under such circumstance.

Project Information. The Product is unit specific; RECs Delivered under this Agreement must be from the Project specified in the Table 1 Product Order and Seller represents as of the date of each Delivery Date hereunder that: (a) The Project is a new project such that the Date of First Operation of the Project as recorded by PJM EIS GATS or M-RETS did not occur on or before June 1, 2017. (b) As required by Section 1-75(c)(1)(J) of the IPA Act, the Project is not and will not be a generating unit whose costs are being recovered through rates regulated by Illinois or any other state or states. (b) The Project is a new project such that the Date of First Operation of the Project as recorded by PJM EIS GATS or M-RETS did not occur on or before June 1, 2017. (c) The Project is located in Illinois or located in a state adjacent to Illinois. If the Project is located in a state adjacent to Illinois, Seller further acknowledges that, subsequent to the Effective Date, if it is determined by the IPA that the Project does not meet the public interest criteria in accordance with the application of the public interest criteria as detailed in the IPA’s long term renewable resources procurement plan as approved by the Illinois Commerce Commission in ICC Docket No.19-0995, then an Event of Default shall be deemed to have occurred. (d) The Project is from the Class of Resource indicated in the Product Order and meets the requirements specified in the IPA Act or rules promulgated by the ICC for the designated Class of Resource. (e) If the Project is a Utility-Scale Wind Project or a Utility-Scale Solar Project, at least 50% of the Project is located within the physical location identified in the Site Description in the Product Order; and if the Project is a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Project, the Project is entirely located within the physical location identified in the description of the Project Site in the Product Order and such Project Site currently features or featured actual blight or contamination prior to remediation. (f) As required by Section 1-75(c)(1)(Q)(1) of the IPA Act, construction activities related to the Project are compliant with the prevailing wage requirements included in the Prevailing Wage Act, unless such Project is exempted from such requirements as indicated in the Product Order. These requirements apply to the wages of laborers, mechanics, and other workers employed in construction activities related to the Project. Applicable construction activities related to the Project include not only construction, but also any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented. All construction work performed by Seller, including its contractors and subcontractors, relating to construction, maintenance, repair, assembly, or disassembly work in relation to the Project has been or will be performed by employees receiving an amount equal to or greater than the “general prevailing rate of hourly wages”, as defined in Section 3 of the Prevailing Wage Act. Seller, including its contractors and subcontractors, has provided express notice of these requirements to all laborers, mechanics and other workers employed to perform such work. (g) As required by Section 1-75(c)(1)(Q)(2) of the IPA Act, the Project is built by General Contactors that have entered into a Project Labor Agreement prior to construction, unless such Project is exempted from such requirements as indicated in the Product Order. (h) As required by Section 1-75(c)(7) of the IPA Act, if the Project is a Utility-Scale Solar Project or a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Projectgenerates electricity using photovoltaic cells, the Project has been installed by Qualified Persons in compliance with Section 16-128A of the Public Utilities Act and any rules or regulations adopted thereunder. (d) The Project is located in Illinois or located in a state adjacent to Illinois. If the Project is located in a state adjacent to Illinois, Seller further represents that: (i) it has reviewed Section 1-75(c)(1)(I) of the IPA Act and believes the Project meets the public interest criteria described therein, (ii) it understands that the application of the public interest criteria will be detailed in the IPA’s initial long term renewable resources procurement plan and is subject to the approval of the Illinois Commerce Commission, and (iii) it acknowledges that, subsequent to the Effective Date, if it is determined that the Project does not meet the public interest criteria, then an Event of Default shall be deemed to have occurred. (e) The Project is from the Class of Resource indicated in Table 1 and meets the requirements specified in the IPA Act or rules promulgated by the Illinois Commerce Commission for the designated Class of Resource. (f) At least 50% of the Project is located within the physical location identified in the Site Description in Table 1. (g) If the Project is determined not to be in compliance with any of the provisions of Sections 5(a2.2(a) through (fh) (inclusive), then an Event of Default shall be deemed to have occurred. Upon the occurrence of such Event of Default, Buyer shall terminate this REC Contract Agreement five (5) Business Days after written notice by Buyer to Seller unless Seller demonstrates, within such five (5) Business Day period and to the satisfaction of Buyer in its sole discretion, that such Event of Default has not occurred. For such an Event of Default, except for non-compliance with Default due to Section 5(b2.2(a), Buyer shall be entitled to payment by Seller in the amount of the sum of: (i) the Collateral Requirement (or Increased Collateral Requirement, if applicable) and (ii) 110% of the total payments Seller has received from Buyer. For an such Event of Default due to Section 5(b2.2(b) through (h), Buyer shall be entitled to payment by Seller in the amount of the greater sum of: (i) the Collateral Requirement (or Increased Collateral Requirement, if applicable) and (ii) 110100% of the total payments Seller has received from Buyer. The Parties acknowledge that (A) Buyer shall be damaged by the failure of Seller to comply with the one or more of Sections 5(a2.2(a) through (fh) (inclusive), (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (C) the remedies specified herein are fair and reasonable and do not constitute a penalty, and (D) the remedies specified in this Section 5(g) 2.2 shall be Buyer’s sole and exclusive remedy in the event that Seller fails to comply with one or more of Sections 5(a2.2(a) through (fh) (inclusive) and, for the avoidance doubt, neither Buyer nor Seller shall be entitled to any Termination Payment calculated pursuant to Section 9.4 under such circumstance.

Project Information. The Product is unit specific; RECs Delivered must be from the Project specified in the Table 1 and Seller represents as of the date of each Delivery hereunder that: (a) The Project is a new project such that the Date of First Operation of the Project as recorded by PJM EIS GATS or M-RETS (i) did not occur on or before June 1, 2017, and (ii) did not occur after the day that is three (3) years after the Commission Bid Approval Date or (iii) if the Date of First Operation of the Project occurred after the day that is three (3) years after the Commission Bid Approval Date, the delay of such occurrence is due to Force Majeure. (b) As required by Section 1-75(c)(1)(J) of the IPA Act, the Project is not and will not be a generating unit whose costs are being recovered through rates regulated by Illinois or any other state or states. (c) As required by Section 1-75(c)(7) of the IPA Act, if the Project is a Utility-Scale Solar Project or a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Project, the Project has been installed by Qualified Persons in compliance with Section 16-128A of the Public Utilities Act and any rules or regulations adopted thereunder. (d) The Project is located in Illinois or located in a state adjacent to Illinois. If the Project is located in a state adjacent to Illinois, Seller further represents that: (i) it has reviewed Section 1-75(c)(1)(I) of the IPA Act and believes the Project meets the public interest criteria described therein, (ii) it understands that the application of the public interest criteria will be detailed in the IPA’s initial long term renewable resources procurement plan and is subject to the approval of the Illinois Commerce Commission, and (iii) it acknowledges that, subsequent to the Effective Date, if it is determined by the IPA that the Project does not meet the public interest criteriacriteria in accordance with the application of the public interest criteria as detailed in the IPA’s initial long term renewable resources procurement plan as approved by the Illinois Commerce Commission on April 3, 2018, then an Event of Default shall be deemed to have occurred. (ed) The Project is from the Class of Resource indicated in Table 1 and meets the requirements specified in the IPA Act or rules promulgated by the Illinois Commerce Commission for the designated Class of Resource. (fe) At least 50% of the Project is located within the physical location identified in the Site Description in Table 1. (gf) If the Project is determined not to be in compliance with any of the provisions of Sections 5(a) through (fe) (inclusive), then an Event of Default shall be deemed to have occurred. Upon the occurrence of such Event of Default, Buyer shall terminate this REC Contract five (5) Business Days after written notice by Buyer to Seller unless Seller demonstrates, within such five (5) Business Day period and to the satisfaction of Buyer in its sole discretion, that such Event of Default has not occurred. For such Event of Default, except for non-compliance with Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the Collateral Requirement. For an Event of Default due to Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) 110% of the total payments Seller has received from Buyer. The Parties acknowledge that (A) Buyer shall be damaged by the failure of Seller to comply with the Sections 5(a) through (f) (inclusive), (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (C) the remedies specified herein are fair and reasonable and do not constitute a penalty, and (D) the remedies specified in this Section 5(g) shall be Buyer’s sole and exclusive remedy in the event that Seller fails to comply with Sections 5(a) through (f) (inclusive) and, for the avoidance doubt, neither Buyer nor Seller shall be entitled to any Termination Payment under such circumstance.five

Project Information. The Product is unit specific; RECs Delivered must be from the Project specified in the Table 1 and Seller represents as of the date of each Delivery hereunder that: (a) The Project is a new project such that the Date of First Operation of the Project as recorded by PJM EIS GATS or M-RETS did not occur on or before June 1, 2017(i) did not occur on or before June 1, 2017, and (ii) did not occur after the day that is three (3) years after the Commission Bid Approval Date or (iii) if the Date of First Operation of the Project occurred after the day that is three (3) years after the Commission Bid Approval Date, the delay of such occurrence is due to Force Majeure. (b) As required by Section 1-75(c)(1)(J) of the IPA Act, the Project is not and will not be a generating unit whose costs are being recovered through rates regulated by Illinois or any other state or states. (c) As required by Section 1-75(c)(7) of the IPA Act, if the Project is a Utility-Scale Solar Project or a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Project, the Project has been installed by Qualified Persons in compliance with Section 16-128A of the Public Utilities Act and any rules or regulations adopted thereunder. (d) (c) The Project is located in Illinois or located in a state adjacent to Illinois. If the Project is located in a state adjacent to Illinois, Seller further represents that: (i) it has reviewed Section 1-75(c)(1)(I) of ofacknowledges that, subsequent to the Effective Date, if it is determined by the IPA Act and believes believesthat the Project meets meetsdoes not meet the public interest criteria described therein, (ii) it understands that thatin accordance with the application of the public interest criteria will be beas detailed in the IPA’s initial long term renewable resources procurement plan and is subject to the approval of ofas approved by the Illinois Commerce Commission, and (iii) it acknowledges that, subsequent to the Effective Date, if it is determined that the Project does not meet the public interest criteriacriteria on April 3, 2018, then an Event of Default shall be deemed to have occurred. (e) The Project is from the Class of Resource indicated in Table 1 and meets the requirements specified in the IPA Act or rules promulgated by the Illinois Commerce Commission for the designated Class of Resource. (f) At least 50% of the Project is located within the physical location identified in the Site Description in Table 1. (g) If the Project is determined not to be in compliance with any of the provisions of Sections 5(a) through (f) (inclusive), then an Event of Default shall be deemed to have occurred. Upon the occurrence of such Event of Default, Buyer shall terminate this REC Contract five (5) Business Days after written notice by Buyer to Seller unless Seller demonstrates, within such five (5) Business Day period and to the satisfaction of Buyer in its sole discretion, that such Event of Default has not occurred. For such Event of Default, except for non-compliance with Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the Collateral Requirement. For an Event of Default due to Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) 110% of the total payments Seller has received from Buyer. The Parties acknowledge that (A) Buyer shall be damaged by the failure of Seller to comply with the Sections 5(a) through (f) (inclusive), (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (C) the remedies specified herein are fair and reasonable and do not constitute a penalty, and (D) the remedies specified in this Section 5(g) shall be Buyer’s sole and exclusive remedy in the event that Seller fails to comply with Sections 5(a) through (f) (inclusive) and, for the avoidance doubt, neither Buyer nor Seller shall be entitled to any Termination Payment under such circumstance.

Project Information. The Product is unit specific; RECs Delivered must be from the Project specified in the Table 1 and Seller represents as of the date of each Delivery hereunder that: (a) The Project is a new project such that the Date of First Operation of the Project as recorded by PJM EIS GATS or M-RETS (i) did not occur on or before June 1, 2017, and (ii) did not occur after the day that is three (3) years after the Commission Bid Approval Date or (iii) if the Date of First Operation of the Project occurred after the day that is three (3) years after the Commission Bid Approval Date, the delay of such occurrence is due to Force Majeure. (b) As required by Section 1-75(c)(1)(J) of the IPA Act, the Project is not and will not be a generating unit whose costs are being recovered through rates regulated by Illinois or any other state or states. (c) As required by Section 1-75(c)(7) of the IPA Act, if the Project is a Utility-Scale Solar Project or a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Project, the Project has been installed by Qualified Persons in compliance with Section 16-128A of the Public Utilities Act and any rules or regulations adopted thereunder. (d) The Project is located in Illinois or located in a state adjacent to Illinois. If the Project is located in a state adjacent to Illinois, Seller further represents that: (i) it has reviewed Section 1-75(c)(1)(I) of the IPA Act and believes the Project meets the public interest criteria described therein, (ii) it understands that the application of the public interest criteria will be detailed in the IPA’s initial long term renewable resources procurement plan and is subject to the approval of the Illinois Commerce Commission, and (iii) it acknowledges that, subsequent to the Effective Date, if it is determined by the IPA that the Project does not meet the public interest criteriacriteria in accordance with the application of the public interest criteria as detailed in the IPA’s initial long term renewable resources procurement plan as approved by the Illinois Commerce Commission on April 3, 2018, then an Event of Default shall be deemed to have occurred. (ed) The Project is from the Class of Resource indicated in Table 1 and meets the requirements specified in the IPA Act or rules promulgated by the Illinois Commerce Commission for the designated Class of Resource. (fe) At least 50% of the Project is located within the physical location identified in the Site Description in Table 1. (gf) If the Project is determined not to be in compliance with any of the provisions of Sections 5(a) through (fe) (inclusive), then an Event of Default shall be deemed to have occurred. Upon the occurrence of such Event of Default, Buyer shall terminate this REC Contract five (5) Business Days after written notice by Buyer to Seller unless Seller demonstrates, within such five (5) Business Day period and to the satisfaction of Buyer in its sole discretion, that such Event of Default has not occurred. For such Event of Default, except for non-compliance with Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the Collateral Requirement. For an Event of Default due to Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) 110% of the total payments Seller has received from Buyer. The Parties acknowledge that (A) Buyer shall be damaged by the failure of Seller to comply with the Sections 5(a) through (f) (inclusive), (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (C) the remedies specified herein are fair and reasonable and do not constitute a penalty, and (D) the remedies specified in this Section 5(g) shall be Buyer’s sole and exclusive remedy in the event that Seller fails to comply with Sections 5(a) through (f) (inclusive) and, for the avoidance doubt, neither Buyer nor Seller shall be entitled to any Termination Payment under such circumstance.five

Project Information. The Product is unit specific; RECs Delivered must be from the Project specified in the Table 1 and Seller represents as of the date of each Delivery hereunder that: (a) : The Project is a new project such that the Date of First Operation of the Project as recorded by PJM EIS GATS or M-RETS did not occur on or before June 1, 2017. (b) . As required by Section 1-75(c)(1)(J) of the IPA Act, the Project is not and will not be a generating unit whose costs are being recovered through rates regulated by Illinois or any other state or states. (c) . As required by Section 1-75(c)(7) of the IPA Act, if the Project is a Utility-Scale Solar Project or a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Project, the Project has been installed by Qualified Persons in compliance with Section 16-128A of the Public Utilities Act and any rules or regulations adopted thereunder. (d) . The Project is located in Illinois or located in a state adjacent to Illinois. If the Project is located in a state adjacent to Illinois, Seller further represents that: (i) it has reviewed Section 1-75(c)(1)(I) of the IPA Act and believes the Project meets the public interest criteria described therein, (ii) it understands that the application of the public interest criteria will be detailed in the IPA’s initial long term renewable resources procurement plan and is subject to the approval of the Illinois Commerce Commission, and (iii) it acknowledges that, subsequent to the Effective Date, if it is determined that the Project does not meet the public interest criteria, then an Event of Default shall be deemed to have occurred. (e) . The Project is from the Class of Resource indicated in Table 1 and meets the requirements specified in the IPA Act or rules promulgated by the Illinois Commerce Commission for the designated Class of Resource. (f) . At least 50% of the Project is located within the physical location identified in the Site Description in Table 1. (g) . If the Project is determined not to be in compliance with any of the provisions of Sections 5(a) through (f) (inclusive), then an Event of Default shall be deemed to have occurred. Upon the occurrence of such Event of Default, Buyer shall terminate this REC Contract five (5) Business Days after written notice by Buyer to Seller unless Seller demonstrates, within such five (5) Business Day period and to the satisfaction of Buyer in its sole discretion, that such Event of Default has not occurred. For such Event of Default, except for non-compliance with Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the Collateral Requirement. For an Event of Default due to Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) 110% of the total payments Seller has received from Buyer. The Parties acknowledge that (A) Buyer shall be damaged by the failure of Seller to comply with the Sections 5(a) through (f) (inclusive), (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (C) the remedies specified herein are fair and reasonable and do not constitute a penalty, and (D) the remedies specified in this Section 5(g) shall be Buyer’s sole and exclusive remedy in the event that Seller fails to comply with Sections 5(a) through (f) (inclusive) and, for the avoidance doubt, neither Buyer nor Seller shall be entitled to any Termination Payment under such circumstance.

Project Information. The Product is unit specific; RECs Delivered must be from the Project specified in the Table 1 and Seller represents as of the date of each Delivery hereunder that: (a) The Project is a new project such that the Date of First Operation of the Project as recorded by PJM EIS GATS or M-RETS did not occur on or before June 1, 2017. (b) As required by Section 1-75(c)(1)(J) of the IPA Act, the Project is not and will not be a generating unit whose costs are being recovered through rates regulated by Illinois or any other state or states. (c) As required by Section 1-75(c)(7) of the IPA Act, if the Project is a Utility-Scale Solar Project or a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Project, the Project has been installed by Qualified Persons in compliance with Section 16-128A of the Public Utilities Act and any rules or regulations adopted thereunder. (d) The Project is located in Illinois or located in a state adjacent to Illinois. If the Project is located in a state adjacent to Illinois, Seller further represents that: (i) it has reviewed Section 1-75(c)(1)(I) of ofacknowledges that, subsequent to the Effective Date, if it is determined by the IPA Act and believes believesthat the Project meets meetsdoes not meet the public interest criteria described therein, (ii) it understands that thatin accordance with the application of the public interest criteria will be beas detailed in the IPA’s initial long term renewable resources procurement plan and is subject to the approval of ofas approved by the Illinois Commerce Commission, and (iii) it acknowledges that, subsequent to the Effective Date, if it is determined that the Project does not meet the public interest criteriacriteria on April 3, 2018, then an Event of Default shall be deemed to have occurred. (e) The Project is from the Class of Resource indicated in Table 1 and meets the requirements specified in the IPA Act or rules promulgated by the Illinois Commerce Commission for the designated Class of Resource. (f) At least 50% of the Project is located within the physical location identified in the Site Description in Table 1. (g) If the Project is a ▇▇▇▇▇▇▇▇▇▇ Site Photovoltaic Project, the Project is located on a site that currently features or featured actual blight or contamination prior to remediation. (h) If the Project is determined not to be in compliance with any of the provisions of Sections 5(a) through (ffg) (inclusive), then an Event of Default shall be deemed to have occurred. Upon the occurrence of such Event of Default, Buyer shall terminate this REC Contract five (5) Business Days after written notice by Buyer to Seller unless Seller demonstrates, within such five (5) Business Day period and to the satisfaction of Buyer in its sole discretion, that such Event of Default has not occurred. For such Event of Default, except for non-compliance with Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the Collateral Requirement. For an Event of Default due to Section 5(b), Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) 110% of the total payments Seller has received from Buyer. The Parties acknowledge that (A) Buyer shall be damaged by the failure of Seller to comply with the Sections 5(a) through (f) (inclusive), (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (C) the remedies specified herein are fair and reasonable and do not constitute a penalty, and (D) the remedies specified in this Section 5(g) shall be Buyer’s sole and exclusive remedy in the event that Seller fails to comply with Sections 5(a) through (f) (inclusive) and, for the avoidance doubt, neither Buyer nor Seller shall be entitled to any Termination Payment under such circumstance.five