Common use of Acceptable Persons and Entities Clause in Contracts

Acceptable Persons and Entities. The following are acceptable as an OEPR Evaluator, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BB

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f4(b) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(w) (Round Trip Efficiency) of Attachment B (Facility Owned by Seller) ("RTE Test"). The RTE Test requires measurement of "Charging Energy" at the Point of Interconnection (MWH from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWH delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(w) (Round Trip Efficiency of Attachment B (Facility Owned by Seller). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the WTGs may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the WTGs would be considered Reserve Shutdown Hours, which are Active Hours for the purpose of calculation of the Modified Pooled OMC Equipment Availability Factor pursuant to Section 1 (Calculation of the Modified Pooled OMC Equipment Availability Factor) of Attachment Q (Calculation of Certain Metrics). See Exhibit Q.1. Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of, three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and RTE Performance Metric, for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior to conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Seller shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(o) (Round Trip Efficiency) of Attachment B (Facility Owned by Seller) ("RTE Test"). The RTE Test requires measurement of Charging Energy at the Point of Interconnection (MWh from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWh delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(o) (Round Trip Efficiency of Attachment B (Facility Owned by Seller). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the PV System may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the PV System would be considered Reserve Shutdown Hours for the purpose of calculation of the PV System Equivalent Availability Factor pursuant to Section 2.5(a) (Calculation of the PV System Equivalent Availability Factor). Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and the RTE Performance Metric for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Seller shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f4(b) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(o) (Round Trip Efficiency) of Attachment B (Facility Owned by Seller) ("RTE Test"). The RTE Test requires measurement of Charging Energy at the Point of Interconnection (MWh from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWh delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(o) (Round Trip Efficiency of Attachment B (Facility Owned by Seller). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the WTGs may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the WTGs would be considered Reserve Shutdown Hours, which are Active Hours for the purpose of calculation of the Modified Pooled OMC Equipment Availability Factor pursuant to Section 1 (Calculation of the Modified Pooled OMC Equipment Availability Factor) of Attachment Q (Calculation of Certain Metrics). See Exhibit Q.1. Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of, three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and the RTE Performance Metric, for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior to conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Seller shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(o) (Round Trip Efficiency) of Attachment B (Facility Owned by Seller) ("RTE Test"). The RTE Test requires measurement of Charging Energy at the Point of Interconnection (MWh from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWh delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE Ratio = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE Ratio is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(w) (Round Trip Efficiency of Attachment B (Facility Owned by Seller). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the PV System may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the PV System would be considered Reserve Shutdown Hours for the purpose of calculation of the PV System Equivalent Availability Factor pursuant to Section 2.5(a) (Calculation of the PV System Equivalent Availability Factor). Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and the RTE Performance Metric for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior to conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Seller shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(w) (Round Trip Efficiency) of Attachment B (Facility Owned by Seller) ("RTE Test"). The RTE Test requires measurement of Charging Energy at the Point of Interconnection (MWh from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWh delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE Ratio = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE Ratio is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(w) (Round Trip Efficiency of Attachment B (Facility Owned by Seller). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the PV System may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the PV System would be considered Reserve Shutdown Hours for the purpose of calculation of the PV System Equivalent Availability Factor pursuant to Section 2.5(a) (Calculation of the PV System Equivalent Availability Factor). Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and the RTE Performance Metric for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior to conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Seller shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(w) (Round Trip Efficiency) of Attachment B (Facility Owned by Seller) ("RTE Test"). The RTE Test requires measurement of Charging Energy at the Point of Interconnection (MWh from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWh delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE Ratio = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE Ratio is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(o) (Round Trip Efficiency of Attachment B (Facility Owned by Seller). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the PV System may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the PV System would be considered Reserve Shutdown Hours for the purpose of calculation of the PV System Equivalent Availability Factor pursuant to Section 2.5(a) (Calculation of the PV System Equivalent Availability Factor). Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and the RTE Performance Metric for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior to conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Seller shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f4(b) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(w) (Round Trip Efficiency) of Attachment B (Facility Owned by Seller) ("RTE Test"). The RTE Test requires measurement of "Charging Energy" at the Point of Interconnection (MWH from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWH delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE Ratio = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE Ratio is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(w) (Round Trip Efficiency of Attachment B (Facility Owned by Seller). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the WTGs may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the WTGs would be considered Reserve Shutdown Hours, which are Active Hours for the purpose of calculation of the Modified Pooled OMC Equipment Availability Factor pursuant to Section 1 (Calculation of the Modified Pooled OMC Equipment Availability Factor) of Attachment Q (Calculation of Certain Metrics). See Exhibit Q.1. Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of, three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and RTE Performance Metric, for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior to conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Seller shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ CAPACITY TEST Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following ("▇▇▇▇ Capacity Test"): Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test, other than where the ▇▇▇▇ Contract Capacity is demonstrated by reference to operational data reflecting the net output of the ▇▇▇▇ as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the PV System may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the PV System would be included in Reserve Shutdown Hours for the purpose of calculation of the PV System Equivalent Availability Factor pursuant to Section 2.5(a) (Calculation of the PV System Equivalent Availability Factor). Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of three (3) ▇▇▇▇ Capacity Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric for such ▇▇▇▇ Measurement Period, unless additional ▇▇▇▇ Capacity Tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Capacity Test. At any time prior to the conduct of the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Capacity Tests. Seller shall provide to Company the results of each ▇▇▇▇ Capacity Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Capacity Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Subscriber Organization shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(w) (Round Trip Efficiency) of Attachment B (Facility Owned by Subscriber Organization) ("RTE Test"). The RTE Test requires measurement of Charging Energy at the Point of Interconnection (MWh from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWh delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE Ratio = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE Ratio is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(o) (Round Trip Efficiency of Attachment B (Facility Owned by Subscriber Organization). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Subscriber Organization shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Subscriber Organization shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the PV System may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the PV System would be considered Reserve Shutdown Hours for the purpose of calculation of the PV System Equivalent Availability Factor pursuant to Section 2.5(a) (Calculation of the PV System Equivalent Availability Factor). Within a ▇▇▇▇ Measurement Period, Subscriber Organization shall be permitted up to a total of three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and the RTE Performance Metric for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Subscriber Organization no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior to conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Subscriber Organization may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Subscriber Organization both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Subscriber Organization was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Subscriber Organization-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Subscriber Organization may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Subscriber Organization both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Subscriber Organization was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Subscriber Organization-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Subscriber Organization shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f4(b) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(w) (Round Trip Efficiency) of Attachment B (Facility Owned by Seller) ("RTE Test"). The RTE Test requires measurement of "Charging Energy" at the Point of Interconnection (MWH from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWH delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE Ratio = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE Ratio is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(w) (Round Trip Efficiency of Attachment B (Facility Owned by Seller). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the WTGs may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the WTGs would be considered Reserve Shutdown Hours, which are Active Hours for the purpose of calculation of the Modified Pooled OMC Equipment Availability Factor pursuant to Section 1 (Calculation of the Modified Pooled OMC Equipment Availability Factor) of Attachment Q (Calculation of Certain Metrics). See Exhibit Q.1. Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of, three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and RTE Performance Metric, for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior to conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Seller shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f4(b) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ CAPACITY TEST Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following ("▇▇▇▇ Capacity Test"): Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test, other than where the ▇▇▇▇ Contract Capacity is demonstrated by reference to operational data reflecting the net output of the ▇▇▇▇ as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the WTGs may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the WTGs would be considered Reserve Shutdown Hours, which are Active Hours for the purpose of calculation of the Modified Pooled OMC Equipment Availability Factor pursuant to Section 1 (Calculation of the Modified Pooled OMC Equipment Availability Factor) of Attachment Q (Calculation of Certain Metrics). See Exhibit Q.1. Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of three (3) ▇▇▇▇ Capacity Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric for such ▇▇▇▇ Measurement Period, unless additional ▇▇▇▇ Capacity Tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Capacity Test. At any time prior to the conduct of the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Capacity Tests. Seller shall provide to Company the results of each ▇▇▇▇ Capacity Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Capacity Test.

Acceptable Persons and Entities. The OEPR Evaluator and Second OEPR Evaluator shall be selected from the following are acceptable as an OEPR Evaluatorengineering firms listed below, subject to such additions or deletions effectuated by the Parties as provided in Section 2(f) (Eligibility for Appointment as Independent AF Evaluator) of Attachment T (Monthly Reporting and Dispute Resolution by Independent AF Evaluator) to this Agreement and Section 4(b) (Eligibility for Appointment as OEPR Evaluator) of this Attachment U (Calculation and Adjustment of Net Energy Potential): DNV GL AWS Truepower UL Black & ▇▇▇▇▇▇ Leidos Engineering ATTACHMENT Attachment V SUMMARY OF MAINTENANCE AND INSPECTION PERFORMED IN PRIOR CALENDAR YEAR (See Article 5) DATE WORK ORDER SUBMITTED: 06/28/96 WO#: 11451 EQUIPMENT #: 1CCF-TNK-1 EQUIPMENT DESCRIPTION: AMMONIA STORAGE TANK 1 PROBLEM DESCRIPTION: PURCHASE EMERGENCY ADAPTER FITTINGS FOR UNLOADING GASPRO TANKS TO STORAGE TANK WORK PERFORMED: PURCHASED THE NEW ADAPTERS AND VERIFIED THEIR OPERATION. COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: AA ------------END OF CURRENT WORK ORDER------------ DATE WORK ORDER SUBMITTED: 05/19/96 WO#: 11136 EQUIPMENT #: 1WSA-BV-12 EQUIPMENT DESCRIPTION: MAKE-UP PI ISOLATION PROGRAM DESCRIPTION: 'D' MAKE-UP PUMP PI ISOLATION FITTING LEAKING ON SPOOL SIDE WORK PERFORMED: REMOVED AND REPLACED FITTINGS AND FLANGES WITH STAINLESS STEEL. THIS WORK WAS DONE DURING PUMP OVERHAUL ON WO 1374. JH COMPLETION DATE: 06/28/96 WORK ORDER COMPLETED BY: BBBB ATTACHMENT W ▇▇▇▇ TESTS Prior to achieving Commercial Operations and in each ▇▇▇▇ Measurement Period, unless waived by Company, Seller shall demonstrate that the ▇▇▇▇ satisfies the following: Maintains output provided by the Company through a control setpoint, as measured at the Point of Interconnection, and is able to continuously dispatch the full ▇▇▇▇ Contract Capacity ("▇▇▇▇ Capacity Test"). Demonstrates the charging/discharging requisite to satisfy the performance standard set forth in Section 3(o) (Round Trip Efficiency) of Attachment B (Facility Owned by Seller) ("RTE Test"). The RTE Test requires measurement of Charging Energy at the Point of Interconnection (MWh from the grid) from ▇▇▇▇ 0% State of Charge to bring the ▇▇▇▇ to a 100% State of Charge, followed by measurement at the Point of Interconnection of the MWh delivered to the grid to bring the ▇▇▇▇ to a 0% State of Charge. The RTE Test will be conducted concurrently with the ▇▇▇▇ Capacity Test. The ▇▇▇▇ Capacity Test can only be performed when the ▇▇▇▇ is at the lower of: (i) its maximum State of Charge or (ii) 100% State of Charge prior to the start of the ▇▇▇▇ Capacity Test and during the ▇▇▇▇ Capacity Test the Company Dispatch allows for continuous dispatch of the ▇▇▇▇ to 0% State of Charge with energy delivered to the Point of Interconnection. For the purposes of evaluating the ▇▇▇▇ Capacity Test, the "▇▇▇▇ Capacity Ratio" shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the ▇▇▇▇ Contract Capacity. Further, the ▇▇▇▇ Capacity Test will be deemed to be "passed" or "satisfied" to the extent the ▇▇▇▇ Capacity Ratio is not less than 100% (the "▇▇▇▇ Capacity Performance Metric"). For the purposes of evaluating the RTE Test, the RTE Ratio shall be equal to the number, expressed as a percentage, equal to the total MWh delivered to the Point of Interconnection during the ▇▇▇▇ Capacity Test, divided by the "Charging Energy" measured at the Point of Interconnection. For purposes of the RTE Test, the charging cycle shall begin when the ▇▇▇▇ is at a 0% State of Charge prior to the commencement of the ▇▇▇▇ Capacity Test and the Charging Energy is the amount of energy imported from the grid, as measured at the Point of Interconnection, that brings the ▇▇▇▇ to a 100% State of Charge. The formula is RTE = MWh discharge/MWh charge. The RTE Test will be deemed to have been "passed" or "satisfied" to the extent the RTE is not less than the performance standard (the "RTE Performance Metric") set forth in Section 3(o) (Round Trip Efficiency of Attachment B (Facility Owned by Seller). Except for the ▇▇▇▇ Capacity Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a ▇▇▇▇ Capacity Test, be permitted to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to the operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. Except for the RTE Test conducted prior to Commercial Operations, Seller shall, in lieu of conducting a RTE Test, be permitted to demonstrate satisfaction of the RTE Performance Metric by reference to the operational data reflecting the charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. Any ▇▇▇▇ Capacity Test or RTE Test (each a "▇▇▇▇ Test" and collectively, the "▇▇▇▇ Tests"), other than where the ▇▇▇▇ Capacity Performance Metric or RTE Performance Metric, as applicable, is demonstrated by reference to operational data as provided below, shall be performed at a time reasonably requested by the Company in its sole discretion. For purposes of the preceding sentence, the PV System may be shutdown to ensure there are no restrictions or limitations imposed that would lower the maximum output of the ▇▇▇▇, provided that any such shutdown of the PV System would be considered Reserve Shutdown Hours for the purpose of calculation of the PV System Equivalent Availability Factor pursuant to Section 2.5(a) (Calculation of the PV System Equivalent Availability Factor). Within a ▇▇▇▇ Measurement Period, Seller shall be permitted up to a total of three (3) ▇▇▇▇ Tests to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric and the RTE Performance Metric for such ▇▇▇▇ Measurement Period, unless additional such tests are authorized by Company. Company shall provide notice to Seller no less than three (3) Business Days prior to conducting a ▇▇▇▇ Test. At any time prior to conducting the third ▇▇▇▇ Capacity Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data reflecting the net output of the ▇▇▇▇ from the Point of Interconnection for such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a ▇▇▇▇ Capacity Test noticed by Company and fails to demonstrate satisfaction of the ▇▇▇▇ Capacity Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the ▇▇▇▇ Capacity Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed ▇▇▇▇ Capacity Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. At any time prior to conducting the third RTE Test noticed by Company for a ▇▇▇▇ Measurement Period, Seller may demonstrate satisfaction of the RTE Performance Metric by reference to operational data reflecting charging/discharging of the ▇▇▇▇ from the Point of Interconnection during such ▇▇▇▇ Measurement Period. If, during a ▇▇▇▇ Measurement Period, Seller both fails to pass a RTE Test noticed by Company and fails to demonstrate satisfaction of the RTE Performance Metric by reference to operational data for such ▇▇▇▇ Measurement Period, the ▇▇▇▇ shall nevertheless be deemed to have satisfied the RTE Performance Metric for the applicable ▇▇▇▇ Measurement Period if either (i) Company failed to notice at least three RTE Tests during such ▇▇▇▇ Measurement Period, or (ii) Seller was unable to perform at least two (2) such noticed RTE Tests during such ▇▇▇▇ Measurement Period due to (a) conditions on the Company System other than Seller-Attributable Non-Generation or (b) an act or omission by Company. Company shall have the right to attend, observe and receive the results of all ▇▇▇▇ Tests. Seller shall provide to Company the results of each ▇▇▇▇ Test (including time stamped graphs of system performance based in operational data or test data) no later than ten (10) Business Days after the performance of such ▇▇▇▇ Test.