Common use of Support for Monitoring of Key Commercial Fish Stocks and Wildlife of Conservation Concern Clause in Contracts

Support for Monitoring of Key Commercial Fish Stocks and Wildlife of Conservation Concern. Within ninety days (90) days of the Effective Date, Seller shall provide for NYSERDA’s consent, which shall not be unreasonably withheld, conditioned, or delayed, a plan for the commitment of the funding required by this Section 12.10 (“Monitoring Plan”). The Monitoring Plan shall require the commitment of fifty percent (50%) of the funding required by this Section 12.10 within one (1) year of the Effective Date, and the remaining fifty percent (50%) within two (2) years of the Effective Date. In accordance with the Monitoring Plan, Seller shall make a financial commitment for monitoring fish and invertebrates that support economically important fisheries and wildlife of conservation concern in an amount no less than ten thousand dollars ($10,000) per MW of Offer Capacity. Of that amount, no less than five thousand dollars ($5,000) per MW of Offer Capacity shall be allocated to support regional monitoring of fish and invertebrates that support economically important fisheries to better understand how offshore wind energy development is potentially altering the biomass and/or distribution of these stocks, and no less than five thousand dollars ($5,000) per MW of Offer Capacity shall be allocated to support regional monitoring of wildlife of conservation concern to better understand how offshore wind energy development effects distribution and abundance of sensitive species. Seller understands that this financial support is above any site-specific monitoring or survey programs that are required by state and federal regulatory agencies in order for the Selected Project to meet permitting requirements. These monitoring efforts may be committed via regional monitoring organizations (e.g., Regional Wildlife Science Collaborative for Offshore Wind or Responsible Offshore Science Alliance) or independently by Seller (or some combination) upon NYSERDA approval. In any case, such funding shall be directed to advance the responsible development of the offshore wind energy industry, and not limited exclusively to the Selected Project. The financial support required by this Section 12.10 may be provided by any combination of (i) donation by Seller to a not-for-profit organization with the capacity for undertaking the monitoring work described herein, and (ii) direct expenditure by Seller to finance the monitoring work described. Seller shall report the specific spending activity, including amount, purpose and result of investment, in the quarterly progress reports required by Section 6.02.

Support for Monitoring of Key Commercial Fish Stocks and Wildlife of Conservation Concern. Within ninety days one (901) days year of the Effective Date, Seller shall provide for NYSERDA’s consent, which shall not be unreasonably withheld, conditioned, or delayed, a plan for the commitment of the funding required by this Section 12.10 (“Monitoring Plan”). The Monitoring Plan shall require the commitment of fifty percent (50%) of the funding required by this Section 12.10 within one two (12) year years of the Effective Date, and the remaining fifty percent (50%) within two three (23) years of the Effective Date. In accordance with the Monitoring Plan, Seller shall make a financial commitment for monitoring fish and invertebrates that support economically important fisheries and wildlife of conservation concern in an amount no less than ten thousand dollars ($10,000) per MW of Offer Capacity. Of that amount, no less than five thousand dollars ($5,000) per MW of Offer Capacity shall be allocated to support regional monitoring of fish and invertebrates that support economically important fisheries to better understand how offshore wind energy development is potentially altering the biomass and/or distribution of these stocks, and no less than five thousand dollars ($5,000) per MW of Offer Capacity shall be allocated to support regional monitoring of wildlife of conservation concern to better understand how offshore wind energy development effects distribution and abundance of sensitive species. Seller understands that this financial support is above any site-specific monitoring or survey programs that are required by state and federal regulatory agencies in order for the Selected Project to meet permitting requirements. These monitoring efforts may be committed via regional monitoring organizations (e.g., Regional Wildlife Science Collaborative for Offshore Wind or Responsible Offshore Science Alliance) or independently by Seller (or some combination) upon NYSERDA approval. In any case, such funding shall be directed to advance the responsible development of the offshore wind energy industry, and not limited exclusively to the Selected Project. The financial support required by this Section 12.10 may be provided by any combination of (i) donation by Seller to a not-for-profit organization with the capacity for undertaking the monitoring work described herein, and (ii) direct expenditure by Seller to finance the monitoring work described. Seller shall report the specific spending activity, including amount, purpose and result of investment, in the quarterly progress reports required by Section 6.02.

Support for Monitoring of Key Commercial Fish Stocks and Wildlife of Conservation Concern. Within ninety days one (901) days year of the Effective Date, Seller shall provide for NYSERDA’s consent, which shall not be unreasonably withheld, conditioned, or delayed, a plan for the commitment of the funding required by this Section 12.10 (“Monitoring Plan”). The Monitoring Plan shall require the commitment of fifty percent (50%) of the funding required by this Section 12.10 within one two (12) year years of the Effective Date, and the remaining fifty percent (50%) within two three (23) years of the Effective Date. In accordance with the Monitoring Plan, Seller shall make a financial commitment for monitoring fish and invertebrates that support economically important fisheries and wildlife of conservation concern in an amount no less than $10,000 (ten thousand dollars ($10,000dollars) per MW of Offer Capacity. Of that amount, no less than $5,000 (five thousand dollars ($5,000dollars) per MW of Offer Capacity shall be allocated to support regional monitoring of fish and invertebrates that support economically important fisheries to better understand how offshore wind energy development is potentially altering the biomass and/or distribution of these stocks, and no less than $5,000 (five thousand dollars ($5,000dollars) per MW of Offer Capacity shall be allocated to support regional monitoring of wildlife of conservation concern to better understand how offshore wind energy development effects distribution and abundance of sensitive species. Seller understands that this financial support is above any site-specific monitoring or survey programs that are required by state and federal regulatory agencies in order for the Selected Project to meet permitting requirements. These monitoring efforts may be committed via regional monitoring organizations (e.g., Regional Wildlife Science Collaborative for Offshore Wind or Responsible Offshore Science Alliance) or independently by Seller (or some combination) upon NYSERDA approval. In any case, such Such funding shall be directed to advance the responsible development of the offshore wind energy industry, and not limited exclusively to the Selected Project. The financial support required by this Section 12.10 may be provided by any combination of (i) donation by Seller to a not-for-profit organization with the capacity for undertaking the monitoring work described herein, and (ii) direct expenditure by Seller to finance the monitoring work described. Seller shall report the specific spending activity, including amount, purpose and result of investment, in the quarterly progress reports required by Section 6.02.