Common use of Adjustment of Rates Clause in Contracts

Adjustment of Rates. To the extent not inconsistent with the attached Agreement, the rates contained in this Service Tariff HC-1 may be revised from time to time on not less than thirty (30) days written notice to Customer. C Delivery For the purpose of this Service Tariff HC -1, Power and/or Energy shall be delivered by Authority at the Project Switchyard to the transmission facilities under the control of the NYISO for delivery to Customer and/or Customer’s Authorized Recipient. For the purpose of these Service Tariffs, Power and/or Energy shall be deemed to be offered when Authority is able to supply Power and Energy and NYISO transmits it to Customer and/or Customer’s Authorized Recipient or its designated points of interconnection with Customer’s Delivering Agent at the Niagara Project Switchyard. The offer of Energy for delivery shall fulfill Authority’s obligations for purposes of this Provision whether or not the Energy is taken by Customer and/or Customer’s Authorized Recipient. If, despite such offer, there is a failure of delivery by Customer, Customer’s Authorized Recipient, or Customer’s Agent, such failure shall not be subject to a billing adjustment pursuant to Section 454.6(d) of the Rules. D Scheduling Procedures 1. Authority will advise Customer, and Customer’s Authorized Recipient, or Customer’s Agent by the tenth (10th) Business Day of the preceding month of the estimated quantity of Energy expected by Service Tariff to be made available from the Project. 2. Authority may require that such Energy from the Project be scheduled in general accordance with the load shape of Customer, Customer’s Authorized Recipient, or Customer’s Agent or as otherwise agreed upon by the Customer and Authority. 3. Customer, Customer’s Authorized Recipient, or Customer’s Agent shall file with Authority pursuant to procedures established by Authority, a daily schedule setting forth the Customer’s and/or Customer’s Authorized Recipient’s requested amounts from the Project on a clock hour basis. 4. Subsequent to Authority approval of schedules for any day, Authority and Customer, Customer’s Authorized Recipient, or Customer’s Agent may agree on changes in such schedules subject to NYISO scheduling requirements and procedures Authority shall establish such that an efficient dispatch of Authority facilities will be accomplished. E Payment by Customer and/or Customer’s Authorized Recipient for Power and/or Energy 1. Customer and/or Customer’s Authorized Recipient shall pay for Power and/or Energy during any Billing Period the sum of a) and b) below: a. For Firm Hydroelectric Power and Energy the capacity rate per kilowatt specified in this Service Tariff or any modification thereof applied to Customer’s Billing Demand for the Billing Period: and b. The Energy rate specified in this Service Tariff or any modification thereof applied to the amount of firm Billing Energy delivered by Authority to Customer and/or Customer’s Authorized Recipient during such Billing Period. 2. Bills computed under Service Tariff HC-1 are due and payable by electronic wire transfer in accordance with the Rules. Such wire transfer shall be made to J X Xxxxxx Cxxxx NY, NY / ABA021000021 / NYPA A/C # 008-030383, unless otherwise indicated in writing by Authority. In the event that there is a dispute on any items of a bxxx rendered by Authority, Customer shall pay such bxxx and adjustments, if necessary, will be made thereafter. F Supplementary Provision Sections 454.2 (c) and 454.5 of the Rules are inapplicable to this Service Tariff. Appendix A Except as Customer determines otherwise, consistent with the terms of this Agreement, Customer or Customer’s Authorized Recipient will initially distribute power and energy purchased from the New York Power Authority under the Agreement or the economic benefit of such power and energy to the following Ultimate Users_____________ Customer may add to or delete from the above list of Ultimate Users on thirty (30) day’s notice to the Authority. Customer in its sole determination may elect to use its full Allocation or any part thereof, for economic development. The economic development program description, allocation criteria and methodology shall be submitted to and approved by the Authority which approval shall not be unreasonably withheld. The benefits of the Allocation shall be provided to such Ultimate Users either by direct sale or by allocation by the Customer (or by Customer’s Authorized Recipient or Authorized Agent) of electricity or the provision of financial settlements and benefits, as set forth below, or through different methods approved by the Authority. Customer shall have the right to recover as Customer Costs its direct administrative and services costs, reasonable compensation for use of third party facilities and services furnished to Customer in the transmission and distribution of such power, all costs associated with negotiating the Agreement and the establishment of mechanisms to accept and distribute the Allocation, and any similar costs, incurred after the execution of the Host Community Relicensing Settlement Agreement dated June 27, 2005. Such Customer Costs shall be reimbursed to Customer or otherwise paid by the Ultimate User by procedures to be determined. The listing or description of the foregoing Ultimate Users in no way mandates or requires for any reason that the Customer provide any portion of the Allocation (or Power Credits) to an Ultimate User and shall not preclude the Customer from denying any such Ultimate User the benefits associated with an allocation for any reason as determined by Customer. A Direct Sale / Allocation, Use of Excess Power Customer, Customer’s Authorized Recipient or Customer’s Agent may make a portion of the Allocation available to an Ultimate User for delivery at such Ultimate User’s electricity accounts under the tariffs, rules and regulations of the NYISO and the utility in whose service area such accounts are located. If there is any portion of the Allocation made available to Customer or Customer’s Authorized Recipient that is not required to serve such Ultimate User’s facilities, such Excess Power (up to the load factor specified in the Agreement) may be utilized as follows: 1. Customer, Customer’s Authorized Recipient or Customer’s Agent may schedule Excess Power into the NYISO administered market for financial settlement, and such financial settlement so received by Customer (less Customer’s Costs as set forth above and the cost of the power and energy purchased from the Authority), shall be applied by Customer to payment of Customer’s (or an Ultimate User’s, as the case may be) energy-related costs, including but not limited to, the purchase of energy commodities, the delivery and transportation of electricity and all other energy commodities and/or for energy efficiency or clean energy technology programs or projects now in existence or that may exist during the term of the Agreement.

Adjustment of Rates. To the extent not inconsistent with the attached Agreement, the rates contained in this Service Tariff HC-1 may be revised from time to time on not less than thirty (30) days written notice to Customer. C Delivery For the purpose of this Service Tariff HC -1, Power and/or Energy shall be delivered by Authority at the Project Switchyard to the transmission facilities under the control of the NYISO for delivery to Customer and/or Customer’s Authorized Recipient. For the purpose of these Service Tariffs, Power and/or Energy shall be deemed to be offered when Authority is able to supply Power and Energy and NYISO transmits it to Customer and/or Customer’s Authorized Recipient or its designated points of interconnection with Customer’s Delivering Agent at Agentat the Niagara Project Switchyard. The offer of Energy for delivery shall fulfill Authority’s obligations for purposes of this Provision whether or not the Energy is taken by Customer and/or Customer’s Authorized Recipient. If, despite such offer, there is a failure of delivery by Customer, Customer’s Authorized Recipient, Customer or Customer’s Agent, such failure shall not be subject to a billing adjustment pursuant to Section 454.6(d) of the Rules. D Scheduling Procedures 1. Authority will advise Customer, and Customer’s Authorized Recipient, Customer or Customer’s Agent by the tenth (10th) Business Day of the preceding month of the estimated quantity of Energy expected by Service Tariff to be made available from the Project. 2. Authority may require that such Energy from the Project be scheduled in general accordance with the load shape of Customer, Customer’s Authorized Recipient, Customer or Customer’s Agent or as otherwise agreed upon by the Customer and Authority. 3. Customer, Customer’s Authorized Recipient, Customer or Customer’s Agent shall file with Authority pursuant to procedures established by Authority, a daily schedule setting forth the Customer’s and/or Customer’s Authorized Recipient’s requested amounts from the Project on a clock hour basis. 4. Subsequent to Authority approval of schedules for any day, Authority and Customer, Customer’s Authorized Recipient, Customer or Customer’s Agent may agree on changes in such schedules subject to NYISO scheduling requirements and procedures Authority shall establish such that an efficient dispatch of Authority facilities will be accomplished. E Payment by Customer and/or Customer’s Authorized Recipient for Power and/or Energy 1. Customer and/or Customer’s Authorized Recipient shall pay for Power and/or Energy during any Billing Period the sum of a) and b) below: a. For Firm Hydroelectric Power and Energy the capacity rate per kilowatt specified in this Service Tariff or any modification thereof applied to Customer’s Billing Demand for the Billing Period: and b. The Energy rate specified in this Service Tariff or any modification thereof applied to the amount of firm Billing Energy delivered by Authority to Customer and/or Customer’s Authorized Recipient during such Billing Period. 2. Bills computed under Service Tariff HC-1 are due and payable by electronic wire transfer in accordance with the Rules. Such wire transfer shall be made to J X Xxxxxx Cxxxx NY, NY / ABA021000021 / NYPA A/C # 008-030383, unless otherwise indicated in writing by Authority. In the event that there is a dispute on any items of a bxxx rendered by Authority, Customer shall pay such bxxx and adjustments, if necessary, will be made thereafter. F Supplementary Provision Sections 454.2 (c) and 454.5 of the Rules are inapplicable to this Service Tariff. Appendix A Except as Customer determines otherwise, consistent with the terms of this Agreement, Customer or Customer’s Authorized Recipient will initially distribute power and energy purchased from the New York Power Authority under the Agreement or the economic benefit of such power and energy to the following Ultimate Users_____________ Customer may add to or delete from the above list of Ultimate Users on thirty (30) day’s notice to the Authority. Customer in its sole determination may elect to use its full Allocation or any part thereof, for economic development. The economic development program description, allocation criteria and methodology shall be submitted to and approved by the Authority which approval shall not be unreasonably withheld. The benefits of the Allocation shall be provided to such Ultimate Users either by direct sale or by allocation by the Customer (or by Customer’s Authorized Recipient or Authorized Agent) of electricity or the provision of financial settlements and benefits, as set forth below, or through different methods approved by the Authority. Customer shall have the right to recover as Customer Costs its direct administrative and services costs, reasonable compensation for use of third party facilities and services furnished to Customer in the transmission and distribution of such power, all costs associated with negotiating the Agreement and the establishment of mechanisms to accept and distribute the Allocation, and any similar costs, incurred after the execution of the Host Community Relicensing Settlement Agreement dated June 27, 2005. Such Customer Costs shall be reimbursed to Customer or otherwise paid by the Ultimate User by procedures to be determined. The listing or description of the foregoing Ultimate Users in no way mandates or requires for any reason that the Customer provide any portion of the Allocation (or Power Credits) to an Ultimate User and shall not preclude the Customer from denying any such Ultimate User the benefits associated with an allocation for any reason as determined by Customer. A . A. Direct Sale / Allocation, Use of Excess Power Customer, Customer’s Authorized Recipient Customer or Customer’s Agent may make a portion of the Allocation available to an Ultimate User for delivery at such Ultimate User’s electricity accounts under the tariffs, rules and regulations of the NYISO and the utility in whose service area such accounts are located. If there is any portion of the Allocation made available to Customer or Customer’s Authorized Recipient that is not required to serve such Ultimate User’s facilities, such Excess Power (up to the load factor specified in the Agreement) may be utilized as follows: 1. Customer, Customer’s Authorized Recipient Customer or Customer’s Agent its agent may schedule Excess Power into the NYISO administered market for financial settlement, and such financial settlement so received by Customer (less Customer’s Costs as set forth above and the cost of the power and energy purchased from the Authority), shall be applied by Customer to payment of Customer’s (or an Ultimate User’s, as the case may be) energy-related costs, including but not limited to, the purchase of energy commodities, the delivery and transportation of electricity and all other energy commodities and/or for energy efficiency or clean energy technology programs or projects now in existence or that may exist during the term of the Agreement. 2. Customer may use the Excess Power (or the benefits associated with such Excess Power derived from a financial settlement as set forth in the preceding Paragraph 1) for economic development by providing credits to a business to apply against the cost of power or energy and/or the cost of delivery of power or energy consumed by such business. B. Power Credits Customer, or Customer’s Agent, may schedule all of its Allocation (up to the load factor specified in the Agreement) into the NYISO administered market for financial settlement, and such financial settlement so received by Customer (less Customer’s Costs as set forth above and the cost of the power and energy purchased from the Authority), may be provided to Ultimate Users in the form of Power Credits by Customer as follows: Power Credits may be applied towards the cost and/or delivery of electric power or energy consumed by the Ultimate User or for other energy-related costs, including but not limited to, purchase of energy commodities, the delivery and transportation of electricity and all other energy commodities and/or for energy efficiency or clean energy technology programs or projects now in existence or that may exist during the terms of the Agreement. C. Service through Authorized Entity Through assignment, transfer or otherwise, including through an agency arrangement, Customer shall have the right to make available its Allocation or any part thereof to any entity that is duly authorized to receive, purchase, transmit, distribute, and/or resell the power and energy included in the Allocation or otherwise to engage in such transactions as are necessary to effectuate the delivery of the Allocation and/or to provide the financial benefits thereof to the Customer, the Customer’s Ultimate Users and the Customer’s constituents, as determined in the exercise of the Customer’s discretion and consistent with the provisions of the Host Community Relicensing Settlement Agreement dated June 27, 2005 and Article VI of the Agreement. Any such assignment, transfer, agency arrangement or similar transaction contemplated by this paragraph may, but shall not be required to, include elements of the other methods described in this Appendix A.

Adjustment of Rates. To the extent not inconsistent with the attached Agreement, the rates contained in this Service Tariff HC-1 may be revised from time to time on not less than thirty (30) days written notice to Customer. C Delivery For the purpose of this Service Tariff HC -1, Power and/or Energy shall be delivered by Authority at the Project Switchyard to the transmission facilities under the control of the NYISO for delivery to Customer and/or Customer’s Authorized Recipient. For the purpose of these Service Tariffs, Power and/or Energy shall be deemed to be offered when Authority is able to supply Power and Energy and NYISO transmits it to Customer and/or Customer’s Authorized Recipient or its designated points of interconnection with Customer’s Delivering Agent at the Niagara Project Switchyard. The offer of Energy for delivery shall fulfill Authority’s obligations for purposes of this Provision whether or not the Energy is taken by Customer and/or Customer’s Authorized Recipient. If, despite such offer, there is a failure of delivery by Customer, Customer’s Authorized Recipient, or Customer’s Agent, such failure shall not be subject to a billing adjustment pursuant to Section 454.6(d) of the Rules. D Scheduling Procedures 1. Authority will advise Customer, and Customer’s Authorized Recipient, or Customer’s Agent by the tenth (10th) Business Day of the preceding month of the estimated quantity of Energy expected by Service Tariff to be made available from the Project. 2. Authority may require that such Energy from the Project be scheduled in general accordance with the load shape of Customer, Customer’s Authorized Recipient, or Customer’s Agent or as otherwise agreed upon by the Customer and Authority. 3. Customer, Customer’s Authorized Recipient, or Customer’s Agent shall file with Authority pursuant to procedures established by Authority, a daily schedule setting forth the Customer’s and/or Customer’s Authorized Recipient’s requested amounts from the Project on a clock hour basis. 4. Subsequent to Authority approval of schedules for any day, Authority and Customer, Customer’s Authorized Recipient, or Customer’s Agent may agree on changes in such schedules subject to NYISO scheduling requirements and procedures Authority shall establish such that an efficient dispatch of Authority facilities will be accomplished. E Payment by Customer and/or Customer’s Authorized Recipient for Power and/or Energy 1. Customer and/or Customer’s Authorized Recipient shall pay for Power and/or Energy during any Billing Period the sum of a) and b) below: a. For Firm Hydroelectric Power and Energy the capacity rate per kilowatt specified in this Service Tariff or any modification thereof applied to Customer’s Billing Demand for the Billing Period: and b. The Energy rate specified in this Service Tariff or any modification thereof applied to the amount of firm Billing Energy delivered by Authority to Customer and/or Customer’s Authorized Recipient during such Billing Period. 2. Bills computed under Service Tariff HC-1 are due and payable by electronic wire transfer in accordance with the Rules. Such wire transfer shall be made to J X Xxxxxx Cxxxx NY, NY / ABA021000021 / NYPA A/C # 008-030383, unless otherwise indicated in writing by Authority. In the event that there is a dispute on any items of a bxxx rendered by Authority, Customer shall pay such bxxx and adjustments, if necessary, will be made thereafter. F Supplementary Provision Sections 454.2 (c) and 454.5 of the Rules are inapplicable to this Service Tariff. Appendix A Except as Customer determines otherwise, consistent with the terms of this Agreement, Customer or Customer’s Authorized Recipient will initially distribute power and energy purchased from the New York Power Authority under the Agreement or the economic benefit of such power and energy to the following Ultimate UsersUsers _____________ _. Customer may add to or delete from the above list of Ultimate Users on thirty (30) day’s notice to the Authority. Customer in its sole determination may elect to use its full Allocation or any part thereof, for economic development. The economic development program description, allocation criteria and methodology shall be submitted to and approved by the Authority which approval shall not be unreasonably withheld. The benefits of the Allocation shall be provided to such Ultimate Users either by direct sale or by allocation by the Customer (or by Customer’s Authorized Recipient or Authorized Agent) of electricity or the provision of financial settlements and benefits, as set forth below, or through different methods approved by the Authority. Customer shall have the right to recover as Customer Costs its direct administrative and services costs, reasonable compensation for use of third party facilities and services furnished to Customer in the transmission and distribution of such power, all costs associated with negotiating the Agreement and the establishment of mechanisms to accept and distribute the Allocation, and any similar costs, incurred after the execution of the Host Community Relicensing Settlement Agreement dated June 27, 2005. Such Customer Costs shall be reimbursed to Customer or otherwise paid by the Ultimate User by procedures to be determined. The listing or description of the foregoing Ultimate Users in no way mandates or requires for any reason that the Customer provide any portion of the Allocation (or Power Credits) to an Ultimate User and shall not preclude the Customer from denying any such Ultimate User the benefits associated with an allocation for any reason as determined by Customer. A Direct Sale / Allocation, Use of Excess Power Customer, Customer’s Authorized Recipient or Customer’s Agent may make a portion of the Allocation available to an Ultimate User for delivery at such Ultimate User’s electricity accounts under the tariffs, rules and regulations of the NYISO and the utility in whose service area such accounts are located. If there is any portion of the Allocation made available to Customer or Customer’s Authorized Recipient that is not required to serve such Ultimate User’s facilities, such Excess Power (up to the load factor specified in the Agreement) may be utilized as follows: 1. Customer, Customer’s Authorized Recipient or Customer’s Agent may schedule Excess Power into the NYISO administered market for financial settlement, and such financial settlement so received by Customer (less Customer’s Costs as set forth above and the cost of the power and energy purchased from the Authority), shall be applied by Customer to payment of Customer’s (or an Ultimate User’s, as the case may be) energy-related costs, including but not limited to, the purchase of energy commodities, the delivery and transportation of electricity and all other energy commodities and/or for energy efficiency or clean energy technology programs or projects now in existence or that may exist during the term of the Agreement.