Common use of AREAS OF USE Clause in Contracts

AREAS OF USE. 4.1 The designated areas of use and percentage of annual use for the Grant Equipment under each Activity are listed below. 4.2 The PERFORMING PARTY agrees that, unless otherwise specified in the Speciai Conditions of this Agreement, achievement of the NOx emissions reductions required for successful performance under this agreement includes operation of the Grant Equipment over the Activity Life for the percentage of annual use in the eligible counties where a percentage of use is listed in Section 4.1 of this Article. The PERFORMING PARTY is notrequiredto operate the Grant Equipment for the specific percentages listed fbr each individual area, provided that the operation of the Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation of the Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQ, either through amendment of this Scope of Work or other authorization. 4.3 Regardless of the usage percentages for each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in the designated eligible counties. These minimum percentage-of-userequirementsare in addition to therequirementsin Section 4.2 ofthis Article. 4.4 The eligible counties included in the areas identified in Section 4.1 of this Article are listed below.

AREAS OF USE. 4.1 The designated areas of use and and-percentage of annual use for fbr the Grant Equipment under each Activity are listed below. 4.2 The PERFORMING PARTY agrees that, unless otherwise xxxxxxxxx specified in the Speciai Special Conditions of this Agreement, achievement of the NOx emissions reductions required for fbr successful performance perfomnance under this agreement includes operation of the Grant Equipment over the Activity Life for fbr the percentage of annual use in the eligible counties where a percentage of use is listed in Section 4.1 of this Article. The PERFORMING PARTY is notrequiredto not required to operate the Grant Equipment for fbr the specific percentages listed fbr each individual area, provided that the operation of the ofthe Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation of the ofthe Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQ, either through amendment of this Scope of Work or other authorization. 4.3 Regardless of the ofthe usage percentages for fbr each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in the designated eligible counties. These minimum percentage-of-userequirementsare use requirements are in addition to therequirementsin the requirements in Section 4.2 ofthis Article. 4.4 The eligible counties included in the areas identified in Section 4.1 of this Article are listed below.

AREAS OF USE. 4.1 The designated areas of use and percentage of annual use for the fbr tlie Grant Equipment under each Activity are listed below. 4.2 The PERFORMING PARTY agrees that, unless otherwise xxxxxxxxx specified in the Speciai Special Conditions of this Agreement, achievement of the NOx emissions reductions required for successful performance under this agreement includes operation of the Grant Equipment over the Activity Life for fbr the percentage of annual use in the eligible counties where a percentage of use is listed in Section 4.1 of this ofthis Article. The PERFORMING PARTY is notrequiredto not required to operate the Grant Equipment for fbr the specific percentages listed fbr each individual area, provided that the operation of the Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation of the Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQ, either through amendment of this Scope of Work or other authorization. 4.3 Regardless of the usage percentages for fbr each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in the designated eligible counties. These minimum percentage-of-userequirementsare use requirements are in addition to therequirementsin the requirements in Section 4.2 ofthis Article. 4.4 The eligible counties included in the areas identified in Section 4.1 of this Article are listed below.

AREAS OF USE. 4.1 The designated areas of use and percentage of annual use for fbr the Grant Equipment under each Activity are listed below. 4.2 The PERFORMING PARTY agrees that, unless otherwise xxxxxxxxx specified in the Speciai Special Conditions of this Agreement, achievement of the NOx emissions reductions required for emissionsreductionsrequiredfbr successful performance under this agreement includes operation of the Grant Equipment over the Activity Life for fbr the percentage of annual use in the eligible counties where a percentage of use is listed in Section 4.1 of this ofthis Article. The PERFORMING PARTY is notrequiredto not required to operate the Grant Equipment for the specific percentages listed fbr for each individual area, provided that the operation of the ofthe Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation of the ofthe Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQ, either through amendment of this Scope of Work or other authorization. 4.3 Regardless of the usage percentages for fbr each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in the designated eligible counties. These minimum percentage-of-userequirementsare use requirements are in addition to therequirementsin Section 4.2 ofthis Article. 4.4 The eligible counties included in the areas identified in Section 4.1 of this Article are listed below.