Common use of Areas of Use Clause in Contracts

Areas of Use. 3.1 The designated areas of use and percentage of annual use for the Grant Equipment under the Activity are listed below. Activity • Number Austin Area Beaumont-Port Xxxxxx Area Corpus Christi -Area Dallas-Fort Worth Area El Paso Area Houston-Galveston- Brazoria Area San Antonio Area Tyler-Longview Area Victoria Area 001 n/a n/a n/a 95iir. n/a n/a n/a n/a n/a 3.2 The PERFORMING PARTY agrees that, unless olhcrwise specified in the Special Conditions of this Agreement, achievement of the NOx emissions reduclions required for successful performance under this agreement includes operation of the Grant Equipment over Ihe Activity Life for the percentage of annual use in the eUgible counties where a percentage of use is listed in Section 3.1 of this Article. The PERFORMING PARTY is not required to operate the Grant Equipment for the specific percentages listed for 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.

Areas of Use. 3.1 The designated areas of use and percentage of annual cinnual use for the Grant Equipment under the Activity are listed below. Activity • Number Austin Area Beaumont-Port Xxxxxx Area Corpus Christi -Area Area Dallas-Fort Worth Area El Paso Area Houston-Galveston- Brazoria Area San Antonio Area Tyler-Longview Area Victoria Area 001 n/a n/a n/a 95iir. 95% n/a n/a n/a n/a n/a 3.2 The PERFORMING PARTY agrees that, unless olhcrwise otherwise specified in the Special Conditions of this AgreementAgreemenl, achievement of the NOx emissions reduclions rcduclions required for successful performance under this agreement includes operation of the Grant Equipment over Ihe Activity Life for the Ihe percentage of annual use in the eUgible eligible counties where a percentage of use is listed Usted in Section 3.1 of this Article.Article. The PERFORMING PARTY is not required to operate the Grant Equipment for the specific percentages listed for each individual area, provided that the operation of the Grant Granl 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 lislcd (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQTCF.Q, either through amendment of this Scope of Work or other authorization.

Areas of Use. 3.1 The designated areas of use and percentage of annual use for the Grant Equipment under imder the Activity Activily are listed below. Activity • Number Austin Area Beaumont-Port Xxxxxx Area Corpus Christi -Area DallasArea DaUas-Fort Worth Area El EI Paso Area Houston-Galveston- Brazoria Area San Antonio Area Tyler-Longview Area Victoria Area 001 n/a n/a n/a 95iir. 40% n/a n/a n/a 4096 n/a n/a 3.2 The PERFORMING PARTY agrees that, unless olhcrwise otherwise specified in the Special Conditions of this Agreement, achievement of the NOx emissions reduclions reductions required for successful performance under this agreement includes operation of the Grant Equipment over Ihe the Activity Life for the percentage of annual use in the eUgible counties ehgible coimties where a percentage of use is listed in Section 3.1 of this Article. The PERFORMING PARTY is not required to operate the Grant Equipment for the specific percentages listed hsted for 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 tolal combined percentage of annual use unless authorized by the TCEQ, either through amendment of this Scope of Work or other authorization.

Areas of Use. 3.1 The designated areas of use and percentage percenrage of annual use for the Ihc Grant Equipment under the Activity are listed below. Activity • Number Austin Area Beaumont-Port Xxxxxx Area Corpus Christi -Area Area Dallas-Fort Worth Area El Paso Area Houston-Galveston- Brazoria Area San Antonio Area Tyler-Longview Area - Victoria Area 001 n/a 3% n/a n/a n/a 95iir. n/a n/a 70% n/a n/a n/a 3.2 The PERFORMING PARTY agrees thatlhat, unless olhcrwise otherwise specified in the Special Conditions of this Agreement, achievement of the NOx emissions reduclions reductions required for successful performance under this agreement includes operation of the Grant Equipment over Ihe Activity rhe Aclivily Life for the percentage tho percenlagc of annual use in the eUgible counties eligible counries where a percentage percenrage of use is listed in Section 3.1 of this Article. The PERFORMING PARTY is not nol required to operate operale the Grant Equipment for the rhe specific percentages listed for each individual area, provided that the operation Ihe operalion of the Grant Equipment meets the total percentage of annual use uso in all specified areas where a percentage is listedhsted. Operation of the Grant Equipment in the areas without a percentage percenlagc 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.