Common use of Regions Clause in Contracts

Regions. ‌ This Contract includes five Regions, with each Region containing the counties listed below. The Regions awarded to Contractor are identified in Appendix D – Award Summary. Notes: • Zones A-K plotted on map above are referenced below and broken down further by County. • Counties may cross over borders of NYISO Zones and be a part of multiple NYISO Zones. NYS Counties by NYISO Zone: Region NYISO Zone Counties 1 Zone A Niagara, Erie, Orleans, Monroe, Livingston, Genesee, Wyoming, Cattaraugus, Chautauqua 0 Xxxx X Xxxxx, Xxxxxx, Xxxxxxx, Allegany 1 Zone C Oswego, Onondaga, Cayuga, Cortland, Xxxxxx, Tioga, Xxxxxxxx, Seneca, Xxxxx, Ontario, Xxxxxxxx, Chemung 0 Xxxx X Xxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxxx 2 Zone E Franklin, St Lawrence, Jefferson, Lewis, Herkimer, Oneida, Madison, Otsego, Chenango, Delaware, Xxxxxxxx 3 Zone F Essex, Xxxxxxxx, Xxxxxx, Washington, Fulton, Saratoga, Xxxxxxxxxx, Schenectady, Rensselaer, Otsego, Schoharie, Albany, Columbia, Xxxxxx 3 Zone G Xxxxxx, Ulster, Dutchess, Putnam, Orange, Xxxxxxxx 0 Xxxx X Xxxxxxxxxxx 0 Xxxx I Westchester 4 Zone J Bronx, New York, Richmond, Kings, Queens Definitions‌ Additional definitions applicable to this Contract can be found in Appendix B. Term Definition Best Value The basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. (State Finance Law §163 (1) (j)). Centralized Contract Price or Price The maximum Not-to-Exceed prices awarded for the Centralized Contract as set forth in Appendix D – Award Summary. See also, Not-to-Exceed Price (NTE). Incentives Financial incentives or rebates provided to the PV developer to encourage the development of solar power. Examples include but are not limited to tax credits, accelerated depreciation schedules, tax deductions, Solar Renewable Energy Credits, sales tax exemptions, direct rebates, direct incentives, grants, etc. Mini-Bid A type of Bid document used by the Authorized User to conduct a competitive Request for Proposal from eligible Contractors and then make an award based on best value and obtain Services under the Centralized Contracts. Term Definition Not-to-Exceed Price (NTE) The bid prices provided by the Bidder in response to this Solicitation and awarded for the Centralized Contract. Not to Exceed Pricing includes all costs associated with the implementation of the PPA including, but not limited to financing, designing, installing, owning, operating, and maintaining solar photovoltaic systems (“PV Systems”) through the life of the PPA, but does not include Third Party Consulting Fees or government incentives or subsidies. Pricing submitted by the Contractor in response to Mini-Bids shall not exceed the Not to Exceed prices with the exception of Third Party Consulting Fees, which may be incorporated into the PPA rate at the discretion of the Authorized User. See Mini- Bid RFP Pricing, section 7. Also referred to as ‘Not to Exceed PPA Price’. NYISO The New York Independent System Operator. NYPA The New York Power Authority PGA The Performance Guarantee Agreement entered into and executed by the Authorized User and the Contractor or its subsidiary, subcontractor or partner. PPA The Solar Power Purchase Agreement entered into and executed by the Authorized User and the Contractor or its subsidiary, subcontractor or partner. Photovoltaic (“PV”) System A device that generates electricity directly from sunlight via an electronic process. Solicitation The document issued by the New York State Office of General Services seeking offerors for Solar Power Purchase Agreements and resulting in the award of Centralized Contracts. Third Party Consulting Fees Fees incurred by the Authorized User for assistance provided by the New York State Power Authority or other third party energy or engineering consultant in performing tasks including but not limited to developing, conducting and evaluating Mini-Bids and in negotiating and executing PPA and/or PGA’s.

Regions. ‌ This Contract includes five Regions, with each Region containing the counties listed below. The Regions awarded to Contractor are identified in Appendix D – Award Summary. Notes: • Zones A-K plotted on map above are referenced below and broken down further by County. • Counties may cross over borders of NYISO Zones and be a part of multiple NYISO Zones. NYS Counties by NYISO Zone: Region NYISO Zone Counties 1 Zone A Niagara, Erie, Orleans, Monroe, Livingston, Genesee, Wyoming, Cattaraugus, Chautauqua 0 Xxxx X Xxxxx, Xxxxxx, Xxxxxxx, Allegany 1 Zone C Oswego, Onondaga, Cayuga, Cortland, Xxxxxx, Tioga, Xxxxxxxx, Seneca, Xxxxx, Ontario, Xxxxxxxx, Chemung 0 Xxxx X Xxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxxx 2 Zone E Franklin, St Lawrence, Jefferson, Lewis, Herkimer, Oneida, Madison, Otsego, Chenango, Delaware, Xxxxxxxx 3 Zone F Essex, Xxxxxxxx, Xxxxxx, Washington, Fulton, Saratoga, Xxxxxxxxxx, Schenectady, Rensselaer, Otsego, Schoharie, Albany, Columbia, Xxxxxx 3 Zone G Xxxxxx, Ulster, Dutchess, Putnam, Orange, Xxxxxxxx 0 Xxxx X Xxxxxxxxxxx 0 Xxxx I Westchester 4 Zone J Bronx, New York, Richmond, Kings, Queens Definitions‌ Additional definitions applicable to this Contract can be found in Appendix B. Term Definition Best Value The basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. (State Finance Law §163 (1) (j)). Centralized Contract Price or Price The maximum Not-to-Exceed prices awarded for the Centralized Contract as set forth in Appendix D – Award Summary. See also, Not-to-Exceed Price (NTE). Incentives Financial incentives or rebates provided to the PV developer to encourage the development of solar power. Examples include but are not limited to tax credits, accelerated depreciation schedules, tax deductions, Solar Renewable Energy Credits, sales tax exemptions, direct rebates, direct incentives, grants, etc. Mini-Bid A type of Bid document used by the Authorized User to conduct a competitive Request for Proposal from eligible Contractors and then make an award based on best value and obtain Services under the Centralized Contracts. Term Definition Not-to-Exceed Price (NTE) The bid prices provided by the Bidder in response to this Solicitation and awarded for the Centralized Contract. Not to Exceed Pricing includes all costs associated with the implementation of the PPA including, but not limited to financing, designing, installing, owning, operating, and maintaining solar photovoltaic systems (“PV Systems”) through the life of the PPA, but does not include Third Party Consulting Fees or government incentives or subsidies. Pricing submitted by the Contractor in response to Mini-Bids shall not exceed the Not to Exceed prices with the exception of Third Party Consulting Fees, which may be incorporated into the PPA rate at the discretion of the Authorized User. See Mini- Bid RFP Pricing, section 7. Also referred to as ‘Not to Exceed PPA Price’. NYISO The New York Independent System Operator. NYPA The New York Power Authority PGA The Performance Guarantee Agreement entered into and executed by the Authorized User and the Contractor or its subsidiary, subcontractor or partner. PPA The Solar Power Purchase Agreement entered into and executed by the Authorized User and the Contractor or its subsidiary, subcontractor or partner. Photovoltaic (“PV”) System A device that generates electricity directly from sunlight via an electronic process. Solicitation The document issued by the New York State Office of General Services seeking offerors for Solar Power Purchase Agreements and resulting in the award of Centralized Contracts. Third Party Consulting Fees Fees incurred by the Authorized User for assistance provided by the New York State Power Authority or other third party energy or engineering consultant in performing tasks including but not limited to developing, conducting and evaluating Mini-Bids and in negotiating and executing PPA and/or PGA’s.

Regions. ‌ This Contract includes five Regions, with each Region containing the counties listed below. The Regions awarded to Contractor are identified in Appendix D – Award Summary. Notes: • Zones A-K plotted on map above are referenced below and broken down further by County. • Counties may cross over borders of NYISO Zones and be a part of multiple NYISO Zones. NYS Counties by NYISO Zone: Region NYISO Zone Counties 1 Zone A Niagara, Erie, Orleans, Monroe, Livingston, Genesee, Wyoming, Cattaraugus, Chautauqua 0 Xxxx X Xxxxx, Xxxxxx, Xxxxxxx, Allegany 1 Zone C Oswego, Onondaga, Cayuga, Cortland, Xxxxxx, Tioga, Xxxxxxxx, SenecaXxxxxx, Xxxxx, Ontario, Xxxxxxxx, Chemung 0 Xxxx X Xxxxxxxx, Xxxxxxx, XxxxxEssex, Xxxxxxxx Hamilton 2 Zone E Franklin, St Lawrence, JeffersonXxxxxxxxx, LewisXxxxx, Herkimer, OneidaXxxxxx, MadisonXxxxxxx, OtsegoXxxxxx, ChenangoXxxxxxxx, Delaware, Xxxxxxxx 3 Zone F Essex, Xxxxxxxx, Xxxxxx, Washington, FultonXxxxxx, Saratoga, Xxxxxxxxxx, Schenectady, Rensselaer, OtsegoXxxxxx, Schoharie, Albany, Columbia, Xxxxxx 3 Zone G Xxxxxx, Ulster, Dutchess, Putnam, Orange, Xxxxxxxx 0 Xxxx X Xxxxxxxxxxx 0 Xxxx I Westchester 4 Zone J Bronx, New York, Richmond, Kings, Queens Definitions‌ Additional definitions applicable to this Contract can be found in Appendix B. Term Definition Best Value The basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. (State Finance Law §163 (1) (j)). Centralized Contract Price or Price The maximum Not-to-Exceed prices awarded for the Centralized Contract as set forth in Appendix D – Award Summary. See also, Not-to-Exceed Price (NTE). Incentives Financial incentives or rebates provided to the PV developer to encourage the development of solar power. Examples include but are not limited to tax credits, accelerated depreciation schedules, tax deductions, Solar Renewable Energy Credits, sales tax exemptions, direct rebates, direct incentives, grants, etc. Mini-Bid A type of Bid document used by the Authorized User to conduct a competitive Request for Proposal from eligible Contractors and then make an award based on best value and obtain Services under the Centralized Contracts. Term Definition Not-to-Exceed Price (NTE) The bid prices provided by the Bidder in response to this Solicitation and awarded for the Centralized Contract. Not to Exceed Pricing includes all costs associated with the implementation of the PPA including, but not limited to financing, designing, installing, owning, operating, and maintaining solar photovoltaic systems (“PV Systems”) through the life of the PPA, but does not include Third Party Consulting Fees or government incentives or subsidies. Pricing submitted by the Contractor in response to Mini-Bids shall not exceed the Not to Exceed prices with the exception of Third Party Consulting Fees, which may be incorporated into the PPA rate at the discretion of the Authorized User. See Mini- Bid RFP Pricing, section 7. Also referred to as ‘Not to Exceed PPA Price’. NYISO The New York Independent System Operator. NYPA The New York Power Authority PGA The Performance Guarantee Agreement entered into and executed by the Authorized User and the Contractor or its subsidiary, subcontractor or partner. PPA The Solar Power Purchase Agreement entered into and executed by the Authorized User and the Contractor or its subsidiary, subcontractor or partner. Photovoltaic (“PV”) System A device that generates electricity directly from sunlight via an electronic process. Solicitation The document issued by the New York State Office of General Services seeking offerors for Solar Power Purchase Agreements and resulting in the award of Centralized Contracts. Third Party Consulting Fees Fees incurred by the Authorized User for assistance provided by the New York State Power Authority or other third party energy or engineering consultant in performing tasks including but not limited to developing, conducting and evaluating Mini-Bids and in negotiating and executing PPA and/or PGA’s.

Regions. ‌ This Contract includes five Regions, with each Region containing the counties listed below. The Regions awarded to Contractor are identified in Appendix D – Award Summary. Notes: • Zones A-K plotted on map above are referenced below and broken down further by County. • Counties may cross over borders of NYISO Zones and be a part of multiple NYISO Zones. NYS Counties by NYISO Zone: Region NYISO Zone Counties 1 Zone A Niagara, Erie, Orleans, Monroe, Livingston, Genesee, Wyoming, Cattaraugus, Chautauqua 0 Xxxx X Xxxxx, Xxxxxx, Xxxxxxx, Allegany 1 Zone C Oswego, Onondaga, Cayuga, Cortland, XxxxxxBroome, Tioga, Xxxxxxxx, SenecaXxxxxx, Xxxxx, Ontario, Xxxxxxxx, Chemung 0 Xxxx X Xxxxxxxx, Xxxxxxx, XxxxxEssex, Xxxxxxxx Hamilton 2 Zone E Franklin, St Lawrence, JeffersonXxxxxxxxx, LewisXxxxx, Herkimer, OneidaXxxxxx, MadisonXxxxxxx, OtsegoXxxxxx, ChenangoXxxxxxxx, Delaware, Xxxxxxxx 3 Zone F Essex, Xxxxxxxx, Xxxxxx, Washington, FultonXxxxxx, Saratoga, Xxxxxxxxxx, Schenectady, Rensselaer, OtsegoXxxxxx, Schoharie, Albany, Columbia, Xxxxxx 3 Zone G Xxxxxx, Ulster, Dutchess, Putnam, Orange, Xxxxxxxx 0 Xxxx X Xxxxxxxxxxx 0 Xxxx I Westchester 4 Zone J Bronx, New York, Richmond, Kings, Queens Definitions‌ Additional definitions applicable to this Contract can be found in Appendix B. Term Definition Best Value The basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. (State Finance Law §163 (1) (j)). Centralized Contract Price or Price The maximum Not-to-Exceed prices awarded for the Centralized Contract as set forth in Appendix D – Award Summary. See also, Not-to-Exceed Price (NTE). Incentives Financial incentives or rebates provided to the PV developer to encourage the development of solar power. Examples include but are not limited to tax credits, accelerated depreciation schedules, tax deductions, Solar Renewable Energy Credits, sales tax exemptions, direct rebates, direct incentives, grants, etc. Mini-Bid A type of Bid document used by the Authorized User to conduct a competitive Request for Proposal from eligible Contractors and then make an award based on best value and obtain Services under the Centralized Contracts. Term Definition Not-to-Exceed Price (NTE) The bid prices provided by the Bidder in response to this Solicitation and awarded for the Centralized Contract. Not to Exceed Pricing includes all costs associated with the implementation of the PPA including, but not limited to financing, designing, installing, owning, operating, and maintaining solar photovoltaic systems (“PV Systems”) through the life of the PPA, but does not include Third Party Consulting Fees or government incentives or subsidies. Pricing submitted by the Contractor in response to Mini-Bids shall not exceed the Not to Exceed prices with the exception of Third Party Consulting Fees, which may be incorporated into the PPA rate at the discretion of the Authorized User. See Mini- Bid RFP Pricing, section 7. Also referred to as ‘Not to Exceed PPA Price’. NYISO The New York Independent System Operator. NYPA The New York Power Authority PGA The Performance Guarantee Agreement entered into and executed by the Authorized User and the Contractor or its subsidiary, subcontractor or partner. PPA The Solar Power Purchase Agreement entered into and executed by the Authorized User and the Contractor or its subsidiary, subcontractor or partner. Photovoltaic (“PV”) System A device that generates electricity directly from sunlight via an electronic process. Solicitation The document issued by the New York State Office of General Services seeking offerors for Solar Power Purchase Agreements and resulting in the award of Centralized Contracts. Third Party Consulting Fees Fees incurred by the Authorized User for assistance provided by the New York State Power Authority or other third party energy or engineering consultant in performing tasks including but not limited to developing, conducting and evaluating Mini-Bids and in negotiating and executing PPA and/or PGA’s.