Common use of Alternate Uses Clause in Contracts

Alternate Uses. Unless otherwise agreed to in writing by NYSERDA, use of the Selected Project’s electric energy for any purpose other than delivery to the Delivery Point (for example, to produce Clean Electrolytic Hydrogen) shall be limited to electric energy that is (i) in excess of the amount of energy associated with ORECs sold hereunder up to the Annual OREC Cap or (ii) generated at times during which the delivery of such electrical energy at the Delivery Point is not possible due to curtailment of the Selected Project by the administrator of the local control area. Prior to engaging in any such alternate use, Seller agrees to (i) provide notice to NYSERDA of its intent to do so and (ii) establish specific mechanisms reasonably acceptable to NYSERDA for measuring and allocating electric energy to ensure that the alternate use is associated only with electric energy falling within the two categories referenced in this Section 3.04. 18

Alternate Uses. Unless otherwise agreed to in writing by NYSERDA, use of the Selected Project’s electric energy for any purpose other than delivery to the Delivery Point (for example, to produce Clean Electrolytic Hydrogen) shall be limited to electric energy that is (i) in excess of the amount of energy associated with ORECs sold hereunder up to the Annual OREC Cap or (ii) generated at times during which the delivery of such electrical energy at the Delivery Point is not possible due to curtailment of the Selected Project by the administrator of the local control area. Prior to engaging in any such alternate use, Seller agrees to (i) provide notice to NYSERDA of its intent to do so and (ii) establish specific mechanisms reasonably acceptable to NYSERDA for measuring and allocating electric energy to ensure that the alternate use is associated only with electric energy falling within the two categories referenced in this Section 3.04. 18.

Alternate Uses. Unless otherwise agreed to in writing by NYSERDAXXXXXXX, use of the Selected Project’s electric energy for any purpose other than delivery to the Delivery Injection Point (for example, to produce Clean Electrolytic Hydrogen) shall be limited to electric energy that is is (i) in excess of the amount of energy associated with ORECs sold hereunder up to the Annual OREC Cap or (ii) generated at times during which the delivery of such electrical energy at the Delivery Injection Point is not possible due to curtailment of the Selected Project by the administrator of the local control area. Prior to engaging in any such alternate use, Seller Xxxxxx agrees to (i) provide notice to NYSERDA of its intent to do so and (ii) establish specific mechanisms reasonably acceptable to NYSERDA for measuring and allocating electric energy to ensure that the alternate use is associated only with electric energy falling within the two categories referenced in this Section 3.04. 18.

Alternate Uses. Unless otherwise agreed to in writing by NYSERDAXXXXXXX, use of the Selected Project’s electric energy for any purpose other than delivery to the Delivery Point (for example, to produce Clean Electrolytic Hydrogen) shall be limited to electric energy that is (i) in excess of the amount of energy associated with ORECs sold hereunder up to the Annual OREC Cap or (ii) generated at times during which the delivery of such electrical energy at the Delivery Point is not possible due to curtailment of the Selected Project by the administrator of the local control area. Prior to engaging in any such alternate use, Seller agrees to (i) provide notice to NYSERDA of its intent to do so and (ii) establish specific mechanisms reasonably acceptable to NYSERDA for measuring and allocating electric energy to ensure that the alternate use is associated only with electric energy falling within the two categories referenced in this Section 3.04. 18.

Alternate Uses. Unless otherwise agreed to in writing by NYSERDAXXXXXXX, use of the Selected Project’s electric energy for any purpose other than delivery to the Delivery Injection Point (for example, to produce Clean Electrolytic Hydrogen) shall be limited to electric energy that is (i) in excess of the amount of energy associated with ORECs sold hereunder up to the Annual OREC Cap or (ii) generated at times during which the delivery of such electrical energy at the Delivery Injection Point is not possible due to curtailment of the Selected Project by the administrator of the local control area. Prior to engaging in any such alternate use, Seller agrees to (i) provide notice to NYSERDA of its intent to do so and (ii) establish specific mechanisms reasonably acceptable to NYSERDA for measuring and allocating electric energy to ensure that the alternate use is associated only with electric energy falling within the two categories referenced in this Section 3.04. 181Article IV

Alternate Uses. Unless otherwise agreed to in writing by NYSERDAXXXXXXX, use of the Selected Project’s electric energy for any purpose other than delivery to the Delivery Injection Point (for example, to produce Clean Electrolytic Hydrogen) shall be limited to electric energy that is (i) in excess of the amount of energy associated with ORECs sold hereunder up to the Annual OREC Cap or (ii) generated at times during which the delivery of such electrical energy at the Delivery Injection Point is not possible due to curtailment of the Selected Project by the administrator of the local control area. Prior to engaging in any such alternate use, Seller agrees to (i) provide notice to NYSERDA of its intent to do so and (ii) establish specific mechanisms reasonably acceptable to NYSERDA for measuring and allocating electric energy to ensure that the alternate use is associated only with electric energy falling within the two categories referenced in this Section 3.04. 18.