Common use of SERVICE AGREEMENT NO Clause in Contracts

SERVICE AGREEMENT NO. 2510 Confidential Information shall mean any information that is defined as confidential by Article 11.2. Connecting Transmission Owner shall be the Connecting Transmission Owner(s) identified in connection with the Transmission Project pursuant to Attachment P of the ISO OATT. Critical Path Milestones shall mean the milestones identified as such in the Development Schedule in Attachment C to this Agreement that must be met for the Transmission Project to be constructed and operating by the Required Project In-Service Date. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 7.2 of this Agreement. Developer shall have the meaning set forth in the introductory paragraph. Development Schedule shall mean the schedule of Critical Path Milestones and Advisory Milestones set forth in Appendix C to this Agreement. Effective Date shall mean the date upon which this Agreement becomes effective as determined in Article 2.1 of this Agreement. FERC shall mean the Federal Energy Regulatory Commission or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practice, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, public authority, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include the NYISO, the SERVICE AGREEMENT NO. 2510 Developer, the Connecting Transmission Owner(s), the Affected System Operator(s), or any Affiliate thereof. In-Service Date shall mean the date upon which the Transmission Project is energized consistent with the provisions of the Transmission Project Interconnection Agreement and available to provide Transmission Service under the NYISO Tariffs. ISO/TO Agreement shall mean the Agreement Between the New York Independent System Operator and Transmission Owners, as filed with and accepted by the Commission in Cent. Xxxxxx Gas & Elec. Corp., et al., 88 FERC ¶ 61,138 (1999) in Docket Nos. ER97-1523, et al., and as amended or supplemented from time to time, or any successor agreement thereto. New York State Transmission System shall mean the entire New York State electrical transmission system, which includes: (i) the Transmission Facilities Under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. NERC shall mean the North American Electric Reliability Corporation or its successor organization. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYPSC shall mean the New York State Public Service Commission or its successor. NYSRC shall mean the New York State Reliability Council or its successor organization. OATT shall mean the NYISO’s Open Access Transmission Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. Party or Parties shall have the meaning set forth in the introductory paragraph. Point of Interconnection shall mean the point or points at which the Developer’s Transmission Project will interconnect to the New York State Transmission System. Project Description shall mean the description of the Transmission Project set forth in Appendix A to this Agreement that is consistent with the project proposed and evaluated in the NYISO’s Public Policy Transmission Planning Process and selected by the NYISO Board of Directors as the more efficient or cost-effective transmission solution to the identified Public Policy Transmission Need. Public Policy Transmission Planning Process Manual shall mean the NYISO’s manual adopted by the NYISO stakeholder Operating Committee describing the NYISO’s procedures for implementing the Public Policy Transmission Planning Process component of the NYISO’s Comprehensive System Planning Process, as the manual is amended or supplemented from time to time, or any successor manual thereto.

SERVICE AGREEMENT NO. 2510 2476 Applicable Laws and Regulations shall mean all duly promulgated applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any Governmental Authority, including but not limited to Environmental Law. Applicable Reliability Councils shall mean the NERC, the NPCC and the NYSRC. Applicable Reliability Standards shall mean the requirements and guidelines of the Applicable Reliability Councils, and the Transmission District in which the Affected System Upgrade Facilities will be constructed, as those requirements and guidelines are amended and modified and in effect from time to time; provided that no Party shall waive its right to challenge the applicability or validity of any requirement or guideline as applied to it in the context of this Agreement. ASO Estimated Total Costs shall be the costs for the engineering, procurement, and construction of the Affected System Upgrade Facilities identified in the Facilities Study as described in Section 3 of Appendix A. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Cedar Expansion Interconnection Agreement shall mean the Transmission Project Interconnection Agreement among the NYISO, Connecting Transmission Owner, and Transmission Developer, identified as NYISO Service Agreement No. 2472, as filed in FERC docket ER19-2645, as may be amended and/or restated from time to time. Confidential Information shall mean any information that is defined as confidential by Article 11.216 of this Agreement. Connecting Transmission Owner shall be have the Connecting Transmission Owner(s) identified in connection with the Transmission Project pursuant to Attachment P of the ISO OATT. Critical Path Milestones shall mean the milestones identified as such meaning set forth in the Development Schedule in Attachment C to this Agreement that must be met for the Transmission Project to be constructed and operating by the Required Project In-Service Daterecitals. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 7.2 11 of this Agreement. Developer shall have the meaning set forth in the introductory paragraph. Development Schedule shall mean the schedule of Critical Path Milestones and Advisory Milestones set forth in Appendix C to this Agreement. Effective Date shall mean the date upon on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. SERVICE AGREEMENT NO. 2476 EPC Services shall have the meaning set forth in the recitals and shall consist of the services described in Section 2 of Appendix A. Facilities Study shall mean the study conducted pursuant to Section 22.9 of the Transmission Interconnection Procedures to determine a list of facilities required to reliably interconnect the Transmission Project (including the Network Upgrade Facilities) as determined identified in Article 2.1 the System Impact Study, the cost of this Agreementthose facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practicepractices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, public authority, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include the Transmission Developer, NYISO, the SERVICE AGREEMENT NO. 2510 DeveloperAffected System Operator, the Connecting Transmission Owner(s), the Affected System Operator(s)Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. In-Service Date shall mean the date upon which the Transmission Project is Affected System Upgrade Facilities are energized consistent with the provisions of the Transmission Project Interconnection this Agreement and available to provide Transmission Service under the NYISO Tariffs. ISO/TO Agreement shall mean the Agreement Between the New York Independent System Operator and Transmission Owners, as filed with and accepted by the Commission in Cent. Xxxxxx Gas & Elec. Corp., et al., 88 FERC ¶ 61,138 (1999) in Docket Nos. ER97-1523, et al., and as amended or supplemented from time to time, or any successor agreement thereto. New York State Transmission System shall mean the entire New York State electrical transmission system, which includes: (i) the Transmission Facilities Under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. NERC shall mean the North American Electric Reliability Corporation or its successor organization. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYPSC shall mean the New York State Public Service Commission or its successor. NYSRC shall mean the New York State Reliability Council or its successor organization. OATT shall mean the NYISO’s Open Access Transmission Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. Party or Parties shall have the meaning set forth in the introductory paragraph. Point of Interconnection shall mean the point or points at which the Developer’s Transmission Project will interconnect to the New York State Transmission System. Project Description shall mean the description of the Transmission Project set forth in Appendix A to this Agreement that is consistent with the project proposed and evaluated in the NYISO’s Public Policy Transmission Planning Process and selected by the NYISO Board of Directors as the more efficient or cost-effective transmission solution to the identified Public Policy Transmission Need. Public Policy Transmission Planning Process Manual shall mean the NYISO’s manual adopted by the NYISO stakeholder Operating Committee describing the NYISO’s procedures for implementing the Public Policy Transmission Planning Process component of the NYISO’s Comprehensive System Planning Process, as the manual is amended or supplemented from time to time, or any successor manual thereto.provide

SERVICE AGREEMENT NO. 2510 2598 Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Completion Date shall mean the date on which the Developer has completed the EPC Services, as set forth in Appendix A. Confidential Information shall mean any information that is defined as confidential by Article 11.216 of this Agreement. Connecting Transmission Owner shall be have the Connecting Transmission Owner(s) identified in connection with the Transmission Project pursuant to Attachment P of the ISO OATT. Critical Path Milestones shall mean the milestones identified as such meaning set forth in the Development Schedule in Attachment C to this Agreement that must be met for the Transmission Project to be constructed and operating by the Required Project In-Service Daterecitals. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 7.2 11 of this Agreement. Developer shall have the meaning set forth in the introductory paragraph. Development Schedule shall mean the schedule of Critical Path Milestones and Advisory Milestones set forth in Appendix C to this Agreement. Effective Date shall mean the date upon which this Agreement becomes effective as determined in under Article 2.1 of this Agreement. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. EPC Services shall have the meaning set forth in the recitals and shall consist of the services described in Appendix A. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practicepractices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. SERVICE AGREEMENT NO. 2598 Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, public authority, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include the Developer, NYISO, the SERVICE AGREEMENT NO. 2510 DeveloperAffected System Operator, the Connecting Transmission Owner(s), the Affected System Operator(s)Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. In-Service Date shall mean the date upon which the Transmission Project is Affected System Upgrade Facilities are energized consistent with the provisions of this Agreement, notice of which must be provided to the Transmission Project NYISO, Affected System Operator, and National Grid in the form of Appendix C. Interconnection Agreement and available to provide Transmission Service under the NYISO Tariffs. ISO/TO Agreement Facilities Study shall mean a study conducted by NYISO or a third party consultant for the Agreement Between Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the New York Independent Interconnection System Operator and Transmission OwnersReliability Impact Study), as filed with and accepted by the Commission in Cent. Xxxxxx Gas & Elec. Corp., et al., 88 FERC ¶ 61,138 (1999) in Docket Nos. ER97-1523, et al.cost of those facilities, and as amended or supplemented from the time required to time, or any successor agreement thereto. interconnect the Large Generating Facility with the New York State Transmission System shall mean the entire New York State electrical transmission system, which includes: (i) the Transmission Facilities Under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. NERC shall mean the North American Electric Reliability Corporation or its successor organization. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYPSC shall mean the New York State Public Service Commission or its successor. NYSRC shall mean the New York State Reliability Council or its successor organization. OATT shall mean the NYISO’s Open Access Transmission Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. Party or Parties shall have the meaning set forth in the introductory paragraph. Point of Interconnection shall mean the point or points at which the Developer’s Transmission Project will interconnect to the New York State Transmission Distribution System. Project Description shall mean the description The scope of the Transmission Project set forth study is defined in Appendix A to this Agreement that is consistent with the project proposed and evaluated in the NYISO’s Public Policy Transmission Planning Process and selected by the NYISO Board of Directors as the more efficient or cost-effective transmission solution to the identified Public Policy Transmission Need. Public Policy Transmission Planning Process Manual shall mean the NYISO’s manual adopted by the NYISO stakeholder Operating Committee describing the NYISO’s procedures for implementing the Public Policy Transmission Planning Process component Section 30.8 of the NYISO’s Comprehensive System Planning Process, as the manual is amended or supplemented from time to time, or any successor manual theretoStandard Large Facility Interconnection Procedures.

SERVICE AGREEMENT NO. 2510 2476 Applicable Laws and Regulations shall mean all duly promulgated applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any Governmental Authority, including but not limited to Environmental Law. Applicable Reliability Councils shall mean the NERC, the NPCC and the NYSRC. Applicable Reliability Standards shall mean the requirements and guidelines of the Applicable Reliability Councils, and the Transmission District in which the Affected System Upgrade Facilities will be constructed, as those requirements and guidelines are amended and modified and in effect from time to time; provided that no Party shall waive its right to challenge the applicability or validity of any requirement or guideline as applied to it in the context of this Agreement. ASO Estimated Total Costs shall be the costs for the engineering, procurement, and construction of the Affected System Upgrade Facilities identified in the Facilities Study as described in Section 3 of Appendix A. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Cedar Expansion Interconnection Agreement shall mean the Transmission Project Interconnection Agreement among the NYISO, Connecting Transmission Owner, and Transmission Developer, identified as NYISO Service Agreement No. 2472, as filed in FERC docket ER19-2645, as may be amended and/or restated from time to time. Confidential Information shall mean any information that is defined as confidential by Article 11.216 of this Agreement. Connecting Transmission Owner shall be have the Connecting Transmission Owner(s) identified in connection with the Transmission Project pursuant to Attachment P of the ISO OATT. Critical Path Milestones shall mean the milestones identified as such meaning set forth in the Development Schedule in Attachment C to this Agreement that must be met for the Transmission Project to be constructed and operating by the Required Project In-Service Daterecitals. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 7.2 11 of this Agreement. Developer shall have the meaning set forth in the introductory paragraph. Development Schedule shall mean the schedule of Critical Path Milestones and Advisory Milestones set forth in Appendix C to this Agreement. Effective Date shall mean the date upon on which this Agreement becomes effective as determined in Article 2.1 of this Agreement. FERC shall mean the Federal Energy Regulatory Commission or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed upon execution by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practice, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, public authority, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled subject to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include the NYISO, the SERVICE AGREEMENT NO. 2510 Developer, the Connecting Transmission Owner(s), the Affected System Operator(s), or any Affiliate thereof. In-Service Date shall mean the date upon which the Transmission Project is energized consistent with the provisions of the Transmission Project Interconnection Agreement and available to provide Transmission Service under the NYISO Tariffs. ISO/TO Agreement shall mean the Agreement Between the New York Independent System Operator and Transmission Owners, as filed with and accepted acceptance by the Commission in Cent. Xxxxxx Gas & Elec. Corp., et al., 88 FERC ¶ 61,138 (1999) in Docket Nos. ER97-1523, et al., and as amended or supplemented from time to time, or any successor agreement thereto. New York State Transmission System shall mean the entire New York State electrical transmission system, which includes: (i) the Transmission Facilities Under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. NERC shall mean the North American Electric Reliability Corporation or its successor organization. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYPSC shall mean the New York State Public Service Commission or its successor. NYSRC shall mean the New York State Reliability Council or its successor organization. OATT shall mean the NYISO’s Open Access Transmission Tariff, as filed with the Commission, and as amended or supplemented from time to timeif filed unexecuted, or any successor tariff theretoupon the date specified by the Commission. Party or Parties shall have the meaning set forth in the introductory paragraph. Point of Interconnection Environmental Law shall mean the point Applicable Laws and Regulations relating to pollution or points at which the Developer’s Transmission Project will interconnect to the New York State Transmission System. Project Description shall mean the description protection of the Transmission Project set forth in Appendix A to this Agreement that is consistent with the project proposed and evaluated in the NYISO’s Public Policy Transmission Planning Process and selected by the NYISO Board of Directors as the more efficient environment or cost-effective transmission solution to the identified Public Policy Transmission Need. Public Policy Transmission Planning Process Manual shall mean the NYISO’s manual adopted by the NYISO stakeholder Operating Committee describing the NYISO’s procedures for implementing the Public Policy Transmission Planning Process component of the NYISO’s Comprehensive System Planning Process, as the manual is amended or supplemented from time to time, or any successor manual theretonatural resources.