Common use of 179 D Benefit Allocation Clause in Contracts

179 D Benefit Allocation. 17.5.1 Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through its Agreement with Contractor 17.5.2 If the Owner and the Internal Revenue Service (IRS) determine that the Contractor is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Contractor could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Contractor hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and Project Architect. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Contractor fees or both. 17.5.3 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.5.4 Contractor agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant. MD Xxxxxxxx Agreement No. _____________ 00 25 00 Owner’s Special Conditions, including Attachment A – Minimum Wage Rate Determination Attachment B – Facilities Planned Utility Outages Policy 01 31 00 Project Administration 01 32 00 Project Planning and Scheduling 01 35 16 Alteration Project Procedures 01 35 25 Owner Safety Requirements 01 45 00 Project Quality Control 01 77 00 Project Closeout Procedures 01 78 46 Maintenance Materials 01 79 00 Demonstration and Training 01 91 00 General Commissioning Requirements CSP Agreement 10/24/2014 (OFPC) MDA ver 2014 10 22 ses

179 D Benefit Allocation. 17.5.1 Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through its Agreement with Contractor 17.5.2 If the Owner and the Internal Revenue Service (IRS) determine that the Contractor is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Contractor could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Contractor hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and Project Architect. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Contractor fees or both. 17.5.3 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.5.4 Contractor agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant. MD Xxxxxxxx Agreement No. _____________ 00 25 00 Owner’s Special Conditions, including Attachment A – Minimum Wage Rate Determination Attachment B – Facilities Planned Utility Outages Policy Conditions 01 31 00 Project Administration 01 32 00 Project Planning and Scheduling 01 35 16 Alteration Project Procedures 01 35 25 Owner Safety Requirements 01 45 00 Project Quality Control 01 77 00 Project Closeout Procedures 01 78 46 Maintenance Materials 01 79 00 Demonstration and Training 01 91 00 General Commissioning Requirements CSP Agreement 10/24/2014 (OFPC) - 3 - MDA ver 2014 10 22 ses

179 D Benefit Allocation. 17.5.1 Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through its Agreement with Contractor 17.5.2 If the Owner and the Internal Revenue Service (IRS) determine that the Contractor is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Contractor could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Contractor hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and Project Architect. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Contractor fees or both. 17.5.3 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.5.4 Contractor agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant. MD Xxxxxxxx Agreement No. _____________ 00 25 00 Owner’s Special Conditions, including Attachment A – Minimum Wage Rate Determination Attachment B – Facilities Planned Utility Outages Policy Conditions 01 31 00 Project Administration 01 32 00 Project Planning and Scheduling 01 35 16 Alteration Project Procedures 01 35 25 Owner Safety Requirements 01 45 00 Project Quality Control 01 77 00 Project Closeout Procedures 01 78 46 Maintenance Materials 01 79 00 Demonstration and Training 01 91 00 General Commissioning Requirements CSP Agreement 10/24/2014 (OFPC) - 3 - MDA ver 2014 10 22 ses

179 D Benefit Allocation. 17.5.1 Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through its Agreement with Contractor 17.5.2 If the Owner and the Internal Revenue Service (IRS) determine that the Contractor is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Contractor could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Contractor hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and Project Architect. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Contractor fees or both. 17.5.3 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.5.4 Contractor agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant. MD Xxxxxxxx Agreement No. _____________ MD Xxxxxxxx Project No. 17-0074 00 25 00 Owner’s Special Conditions, including Attachment A – Minimum Wage Rate Determination Attachment B – Facilities Planned Utility Outages Policy Conditions 01 31 00 Project Administration 01 32 00 Project Planning and Scheduling 01 35 16 Alteration Project Procedures 01 35 25 Owner Safety Requirements 01 45 00 Project Quality Control 01 57 23 Temporary Storm Water Pollution Control 01 57 25 Dust Control Plan 01 77 00 Project Closeout Procedures 01 78 46 Maintenance Materials 01 79 00 Demonstration and Training 39 Project Record Documents 01 91 00 General Commissioning Requirements CSP Agreement 10/24/2014 (OFPC) MDA ver 2014 10 22 sesRequirements

179 D Benefit Allocation. 17.5.1 Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through its Agreement with Contractor 17.5.2 If the Owner and the Internal Revenue Service (IRS) determine that the Contractor is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Contractor could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Contractor hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and Project Architect. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Contractor fees or both. 17.5.3 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.5.4 Contractor agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant. MD Xxxxxxxx Agreement No. _____________ 00 25 00 Owner’s Special Conditions, including Attachment A – Minimum Wage Rate Determination Attachment B – Facilities Planned Utility Outages Policy Conditions 01 31 00 Project Administration 01 32 00 Project Planning and Scheduling 01 35 16 Alteration Project Procedures 01 35 25 Owner Safety Requirements 01 45 00 Project Quality Control 01 77 00 Project Closeout Procedures 01 78 46 Maintenance Materials 01 79 00 Demonstration and Training 01 91 00 General Commissioning Requirements CSP Agreement 10/24/2014 (OFPC) MDA ver 2014 10 22 sesRequirements

179 D Benefit Allocation. 17.5.1 Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through its Agreement with Contractor 17.5.2 If the Owner and the Internal Revenue Service (IRS) determine that the Contractor is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Contractor could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Contractor hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and Project Architect. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Contractor fees or both. 17.5.3 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.5.4 Contractor agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant. MD Xxxxxxxx Agreement No. _____________ 00 25 00 Owner’s Special Conditions, including Attachment A – Minimum Wage Rate Determination Attachment B – Facilities Planned Utility Outages Policy Conditions 01 31 00 Project Administration 01 32 00 Project Planning and Scheduling 01 35 16 Alteration Project Procedures 01 35 25 Owner Safety Requirements 01 45 00 Project Quality Control 01 77 00 Project Closeout Procedures 01 78 46 Maintenance Materials 01 79 00 Demonstration and Training 01 91 00 General Commissioning Requirements CSP Agreement 10/24/2014 (OFPC) MDA ver 2014 10 22 ses

179 D Benefit Allocation. 17.5.1 Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through its Agreement with Contractor 17.5.2 If the Owner and the Internal Revenue Service (IRS) determine that the Contractor is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Contractor could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Contractor hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and Project Architect. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Contractor fees or both. 17.5.3 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.5.4 Contractor agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant. MD Xxxxxxxx Agreement No. _____________ 00 25 00 Owner’s Special Conditions, including Attachment A – Minimum Wage Rate Determination Attachment B – Facilities Planned Utility Outages Policy Conditions 01 31 00 Project Administration 01 32 00 Project Planning and Scheduling 01 35 16 Alteration Project Procedures 01 35 25 Owner Safety Requirements 01 45 00 Project Quality Control 01 77 00 Project Closeout Procedures 01 78 46 Maintenance Materials 01 79 00 Demonstration and Training 01 91 00 General Commissioning Requirements CSP Agreement 10/24/2014 (OFPC) - 3 - MDA ver 2014 10 22 ses