Glossary of Terms Affected System - An electric system other than the transmission system owned, controlled or operated by the Connecting Transmission Owner that may be affected by the proposed interconnection. Affected System Operator - Affected System Operator shall mean the operator of any Affected System. Affected Transmission Owner -The New York public utility or authority (or its designated agent) other than the Connecting Transmission Owner that: (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, and (ii) owns, leases or otherwise possesses an interest in a portion of the New York State Transmission System where System Deliverability Upgrades or System Upgrade Facilities are installed pursuant to Attachment Z and Attachment S to the ISO OATT. Applicable Laws and Regulations - All duly promulgated applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any Governmental Authority, including but not limited to Environmental Law. Applicable Reliability Standards - The criteria, requirements and guidelines of the North American Electric Reliability Council, the Northeast Power Coordinating Council, the New York State Reliability Council and related and successor organizations, or the Transmission District to which the Interconnection Customer’s Small Generating Facility is directly interconnected, as those criteria, requirements and guidelines are amended and modified and in effect from time to time; provided that no Party shall waive its right to challenge the applicability of or validity of any criterion, requirement or guideline as applied to it in the context of Attachment Z to the ISO OATT and this Agreement. For the purposes of this Agreement, this definition of Applicable Reliability Standards shall supersede the definition of Applicable Reliability Standards set out in Attachment X to the ISO OATT. Base Case - The base case power flow, short circuit, and stability data bases used for the Interconnection Studies by NYISO, Connecting Transmission Owner or Interconnection Customer; described in Section 32.2.3 of the Large Facility Interconnection Procedures.
ATTACHMENT B FORM OF RELEASE AGREEMENT
ATTACHMENT C STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS
Glossary of Defined Terms The location of the definition of each capitalized term used herein is set forth in this Glossary: A&R Rev LLC Agreement 2 Agreement 1 Board X-0 Xxxx XXX 0 Xxxx XXX Xxxx Contribution Amount 1 Bolt AIV Instrument of Contribution and Issuance A-1 Bolt AIV Rev Units 1 Bolt Energy 1 Bolt Energy Assignment Agreement A-1 Bolt Energy Cash Contribution Amount 1 Bolt Energy Contributed Assets 1 Bolt Energy Contributed Interests 1 Bolt Energy Contributor Subsidiary A-1 Bolt Energy Investment 1 Bolt Energy Management 1 Bolt Energy Rev Units 1 Business Day A-1 Casualty Event 10 Closing 5 Closing Date 5 Code A-1 Confidential Information A-1 Consent A-1 Continuing Credit Support X-0 Xxxxxxxx X-0 Contributed Entities 2 Contributed Entity 2 Contribution Date A-2 Contributor 1 Contributor Assignment Agreements A-2 Contributor Subsidiary A-2 Contributor Subsidiary Accrued Income Taxes A-2 Contributor Subsidiary Income Tax Return 20 Contributor Subsidiary Indebtedness A-2 Contributors 1 Credit Support A-3 D&O Indemnified Parties 20 Development Project Expenses A-3 Employee Benefit Plan A-3 Environmental Claim A-4 Environmental Laws A-4 Environmental Permit A-4 Equity Value Model X-0 Facility Assets A-4 Formation Date 1 Fund III 1 Fund III Assignment Agreement A-5 Fund III Contributed Interests 2 Fund III Contributor Subsidiary A-5 Fund III Investment 2 Fund III Retained Assets A-5 Fund III Rev Units 2 Fund IV Cash Contribution Amount 2 Fund IV Contributed Assets 2 Fund IV Contributed Interests 2 Fund IV Contributor Subsidiary A-6 Fund IV Investment 2 Fund IV Rev Xxxxx 0 Gen IV Contributed Interests 2 Gen IV Investments 2 Gen IV Rev Units 2 Governmental Entity A-6 Hazardous Material A-6 Income Tax A-7 Income Tax Return A-7 Intellectual Property A-7 Xxxxxxxxx X-0 Laws A-7 Legal Proceeding A-7 Liabilities A-7 LS Power Entities 25 LSP Development 2 LSP Gen IV 15 Management Employee 21 Management Employees 21 Material Adverse Effect X-0 Xxxxx X-0 Original Rev LLC Agreement 1 Parties 1 Party 1 Permits X-0 Xxxxxxxxx Xxxxx X-0 Xxxxxx X-0 Principal Facility Documents A-9 Real Property A-9 Replacement Credit Support A-10 Rev 1 Rev Contributed Assets 2 Rev Entities 1 Rev Entity 1 Rev Holdco 1 Rev Holdings 1 Rev Intermediary 1 Rev Ops 2 Rev Subsidiary Contribution Agreement 5 Rev Subsidiary Contributions 3 Securities Act A-10 Straddle Period A-10 Subsidiary A-10 Tax A-10 Tax Proceeding 20 Tax Return X-00 Xxxxx X-00 Taxing Authority A-10 Third Party A-11 Transaction Documents A-11 Transactions 5 Transfer Taxes 20 Transferred Employee 21 Willkie 25
Glossary and Attachments The Glossary and the following Attachments are a part of this Agreement: Additional Services Attachment Interconnection Attachment Resale Attachment Network Elements Attachment Collocation Attachment 911 Attachment Pricing Attachment
ATTACHMENT A Equity Funds
APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq).
ATTACHMENT D Standard State Provisions - Architect/Engineer Professional Service Agreement (dated 04/12/2011)
Attachment E Data Use Agreement-TACCHO Version Attachment F – Federal Assurances-v1.1 Attachment G – Certification Regarding Lobbying Attachment H – FFATA Certification Form
Glossary When a defined term is used, it will be italicized.