Common use of Shared Facilities Clause in Contracts

Shared Facilities. The Parties acknowledge and agree that the Facility is a phased portion of geothermal resource, and as a result, certain of the Shared Facilities and Interconnection Facilities, Seller’s rights and obligations under the Interconnection Agreement and Seller’s rights and obligations under transmission service agreements with Transmission Provider may be subject to certain shared facilities and/or co-tenancy agreements (“Shared Facilities Agreements”) to be entered into among two or more of Seller, Transmission Provider, Seller’s Affiliates, and/or third parties pursuant to which certain Shared Facilities, Interconnection Facilities, interconnection service and/or transmission service may be subject to joint ownership and/or shared maintenance and operation arrangements; provided that such Shared Facilities Agreements shall (i) permit Seller to perform or satisfy, and shall not purport to limit, its obligations hereunder, including providing interconnection capacity for the Facility in an amount not less than the Interconnection Capacity Limit, (ii) provide for separate metering and a separate CAISO Resource ID for the Generating Facility, (iii) provide that any other generating or energy storage facilities not included in the Facility but using Shared Facilities shall not be included within the Facility’s CAISO Resource IDs; and (iv) provide that any curtailment of the full capacity of Shared Facilities that is ordered by Transmission Provider that Seller and its Affiliates have discretion to allocate across generating or energy storage facilities using the Shared Facilities shall not be allocated to the Facility more than its pro rata portion of the total capacity of all generating or energy storage facilities using the Shared Facilities. Seller shall not, and shall not permit any Affiliate to, allocate to other parties a share of the total interconnection capacity under the Interconnection Agreement in excess of an amount equal to the total interconnection capacity under the Interconnection Agreement minus the Interconnection Capacity Limit.

Shared Facilities. The Parties acknowledge and agree that the Facility is a phased portion of geothermal resource, and as a result, certain of the Shared Facilities and Interconnection Facilities, and Seller’s rights and obligations under the Interconnection Agreement and Seller’s rights and obligations under transmission service agreements with Transmission Provider Agreement, may be subject to certain shared facilities and/or co-tenancy agreements (“Shared Facilities Agreements”) to be entered into among two or more of Seller, the Transmission Provider, Seller’s Affiliates, and/or third parties pursuant to which certain Shared Facilities, Interconnection Facilities, interconnection service and/or transmission service Facilities may be subject to joint ownership and/or and shared maintenance and operation arrangements; provided that provided, such Shared Facilities Agreements agreements shall (i) permit Seller to perform or satisfy, and shall not purport to limit, its obligations hereunder, including providing interconnection maintaining Shared Facility capacity for the Facility in an amount not less than equal to the Interconnection Capacity LimitLimit for Buyer’s sole use, (ii) provide for separate metering and a separate CAISO Resource ID for of the Generating Facility, (iii) provide that any other generating or energy storage facilities not included in the Facility but using Shared Facilities shall not be included within the Facility’s CAISO Resource IDs; ID, and (iv) provide that in the event of any curtailment of the full capacity of Shared Facilities that is ordered by Transmission Provider that Seller and its Affiliates have discretion not specific to allocate across one or more CAISO Resource IDs of output from generating or energy storage facilities using the Shared Facilities shall not be allocated to the Facility more than its pro rata portion of the total capacity of all generating or energy storage facilities using the Shared Facilities. Seller shall not, and shall not permit any Affiliate affiliate to, allocate to other parties a share of the total interconnection capacity under the Interconnection Agreement Agreements in excess of an amount equal to the total interconnection capacity under the Interconnection Agreement Agreements minus the Interconnection Capacity Limit.. 38

Shared Facilities. The Parties acknowledge and agree that the Facility is a phased portion of geothermal resource, and as a result, certain of the Shared Facilities and Interconnection Facilities, and Seller’s rights and obligations under the Interconnection Agreement and Seller’s rights and obligations under transmission service agreements with Transmission Provider Agreement, may be subject to certain shared facilities and/or co-tenancy agreements (“Shared Facilities Agreements”) to be entered into among two or more of Seller, the Transmission Provider, Seller’s Affiliates, and/or third parties pursuant to which certain Shared Facilities, Interconnection Facilities, interconnection service and/or transmission service Facilities may be subject to joint ownership and/or and shared maintenance and operation arrangements; , provided that such Shared Facilities Agreements agreements (i) permit Seller to perform or satisfy, and shall not purport to limit, its obligations hereunder and (ii) provide for separate metering of the Facility.; provided, such agreements shall (i) permit Seller to perform or satisfy, and shall not purport to limit, its obligations hereunder, including providing by reserving interconnection capacity for under the Facility in an amount not less than Interconnection Agreements equal to the Interconnection Capacity LimitLimit for Buyer’s sole use, (ii) provide for separate metering and a separate CAISO Resource ID for of the Generating Facility, (iii) provide that any other generating or energy storage facilities not included in the Facility but using Shared Facilities shall not be included within the Facility’s CAISO Resource IDs; ID, and (iv) provide that in the event of any discretionary allocation of curtailment of the full capacity of Shared Facilities that is ordered by Transmission Provider that Seller and its Affiliates have discretion to allocate across output from generating or energy storage facilities using the Shared Facilities shall not be allocated to the Facility more than its pro rata portion of the total capacity of all generating or energy storage facilities using the Shared Facilities. Seller shall not, and shall not permit any Affiliate affiliate to, allocate to other parties a share of the total interconnection capacity under the Interconnection Agreement Agreements in excess of an amount equal to the total interconnection capacity under the Interconnection Agreement Agreements minus the Interconnection Capacity Limit.

Shared Facilities. The Parties acknowledge and agree that the Facility is a phased portion of geothermal resource, and as a result, certain of the Shared Facilities and Interconnection FacilitiesFacilities (including a transformer, substation and associated equipment and real property), and Seller’s rights and obligations under the Interconnection Agreement and Seller’s rights and obligations under transmission service agreements with Transmission Provider Agreement, may be subject to certain shared facilities and/or or co-tenancy agreements (“Shared Facilities Agreements”) to be entered into among two or more of Seller, the Participating Transmission ProviderOwner, Seller’s Affiliates, and/or or third parties pursuant to which certain Shared Facilities, Interconnection Facilities, interconnection service and/or transmission service Facilities may be subject to joint ownership and/or and shared maintenance and operation arrangements; provided that such Shared Facilities Agreements shall (i) shall permit Seller to perform or satisfy, and shall not purport to limit, its obligations hereunder, including providing interconnection capacity for the Facility in an amount not less than the Dedicated Interconnection Capacity LimitCapacity, (ii) continue to provide for separate metering and a separate CAISO Resource ID for the Generating Facility, (iii) provide that any other generating or energy storage facilities not included in the Facility but using Shared Facilities shall not be included within allow any Affiliate of Seller or third party to use the Dedicated Interconnection Capacity if such use would have an adverse impact on Buyer’s rights related to the Facility’s CAISO Resource IDs; , and (iv) provide that shall allocate any curtailment instruction from the CAISO or the PTO to curtail energy deliveries on a pro rata basis based upon their respective energy delivery forecasts for the applicable period, except (A) when such pro rata allocation would be in violation of the full capacity applicable curtailment instruction, or (B) to the extent that the need for the curtailment can be attributed to the Facility. Without limiting the generality of Shared Facilities that is ordered by Transmission Provider that Seller and its the foregoing, Seller’s Affiliates have discretion to allocate across generating or may install energy storage facilities using which uses the Shared Interconnection Facilities shall so long as such energy storage has a separate Resource ID, does not impact the Expected Energy and Delivered Energy assurances provided under this Agreement, does not modify the hours on which Delivered Energy is expected to be allocated to provided (as expressed in Exhibit D), does not otherwise materially impact the Facility more than its pro rata portion performance of the total capacity of all generating or energy storage facilities using the Shared Facilities. Seller shall notFacility, and shall does not permit any Affiliate to, allocate to other parties a share interfere with Seller’s use of the total interconnection capacity under the Interconnection Agreement in excess of an amount equal to the total interconnection capacity under the Interconnection Agreement minus the Dedicated Interconnection Capacity Limitto perform its obligations under this Agreement.

Shared Facilities. The Parties acknowledge and agree that the Facility is a phased portion of geothermal resource, and as a result, certain of the Shared Facilities and Interconnection Facilities, and Seller’s rights and obligations under the Interconnection Agreement and Seller’s rights and obligations under transmission service agreements with Transmission Provider Agreement, may be subject to certain shared facilities and/or co-tenancy agreements (“Shared Facilities Agreements”) to be entered into among two or more of Seller, the Transmission Provider, Seller’s Affiliates, and/or third parties pursuant to which certain Shared Facilities, Interconnection Facilities, interconnection service and/or transmission service Facilities may be subject to joint ownership and/or and shared maintenance and operation arrangements; provided that provided, such Shared Facilities Agreements agreements shall (i) permit Seller to perform or satisfy, and shall not purport to limit, its obligations hereunder, including providing interconnection capacity for the Facility in an amount not less than the Interconnection Capacity Limit, and (ii) provide for separate metering and a separate CAISO Resource ID for the Generating Facility, (iii) provide that any other generating or energy storage facilities not included in the Facility but using Shared Facilities shall not be included within the Facility’s CAISO Resource IDs; and (iv) provide that any discretionary allocation of curtailment of the full capacity of Shared Facilities that is ordered by Transmission Provider that Seller and its Affiliates have discretion to allocate across output from generating or energy storage facilities using the Shared Facilities shall not be allocated to the Facility more than its pro rata portion of the total capacity of all generating or energy storage facilities using the Shared Facilities. Seller shall not, and shall not permit any Affiliate to, include any other generating or energy storage facilities not included in the Facility but using Shared Facilities within the Facility’s CAISO Resource IDs. Seller shall not, and shall not permit any Affiliate to, allocate to other parties a share of the total interconnection capacity under the Interconnection Agreement Agreements in excess of an amount equal to the total interconnection capacity under the Interconnection Agreement Agreements minus the Interconnection Capacity Limit.