Common use of Billing, Payment, Milestones Clause in Contracts

Billing, Payment, Milestones. and Financial Security 10 6.1 Billing and Payment Procedures and Final Accounting 10 6.2 Milestones 11 6.3 Financial Security Arrangements 11 Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, 12 7.1 Assignment 12 7.2 Limitation of Liability 12 7.3 Indemnity 12 7.4 Consequential Damages 13 7.5 Force Majeure 13 7.6 Default 14 Article 8. Insurance 14 Article 9. Confidentiality 15 Article 10. Disputes 16 Article 11. Taxes 16 Article 12. Miscellaneous 17 12.1 Governing Law, Regulatory Authority, and Rules 17 12.2 Amendment 17 12.3 No Third-Party Beneficiaries 17 12.4 Waiver 17 12.5 Entire Agreement 17 12.6 Multiple Counterparts 18 12.7 No Partnership 18 12.8 Severability 18 12.9 Security Arrangements 18 12.10 Environmental Release 18 12.11 Subcontractors 19 12.12 Reservation of Rights 19 Article 13. Notices 19 13.1 General 20 13.2 Billing and Payment 20 13.3 Alternative Form of Notice 21 13.4 Designated Operating Representative 21 13.5 Changes to the Notice Information 22 Article 14. Signatures 22 Attachment 1 – Glossary of Terms Attachment 2 – Description and Costs of the Small Generating Facility, Interconnection Facilities, and Metering Equipment Attachment 3 – One-line Diagram Depicting the Small Generating Facility, Interconnection Facilities, Metering Equipment, and Upgrades Attachment 4 – Milestones Attachment 5 – Additional Operating Requirements for the Transmission owner’s Transmission System and Affected Systems Needed to Support the Interconnection Customer’s Needs Attachment 6 – Transmission Owner’s Description of its Upgrades and Best Estimate of Upgrade Costs This Interconnection Agreement (“Agreement”) is made and entered into this _________ day of ____________________, 2011 by Niagara Mohawk Power Corporation d/b/a nationalgrid (“Transmission Owner” ), and WM Renewable Energy, L.L.C. _ (“Interconnection Customer”) each hereinafter sometimes referred to individually as “Party” or both referred to collectively as the “Parties”. Transmission Owner ” Niagara Mohawk Power Corporation d/b/a nationalgrid _ Attention: Vice President Transmission Commercial Services City: Waltham State: MA Zip: Phone: 000-000-0000 Fax: 000-000-0000 Interconnection Customer” Attention: ___WM Renewable Energy, L.L.C._________ City: __Houston__ State: __TX________ Zip: __77433______ Phone: __000-000-0000___________ Fax: _000-000-0000________________ Interconnection Customer Application No: N/A___ In consideration of the mutual covenants set forth herein, the Parties agree as follows:

Billing, Payment, Milestones. and Financial Security 10 6.1 Billing and Payment Procedures and Final Accounting 10 6.2 Milestones 11 6.3 Financial Security Arrangements 11 Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, 12 7.1 Assignment 12 7.2 Limitation of Liability 12 7.3 Indemnity 12 7.4 Consequential Damages 13 7.5 Force Majeure 13 14 7.6 Default 14 Article 8. Insurance 14 15 Article 9. Confidentiality 15 Article 10. Disputes 16 Article 11. Taxes 16 17 Article 12. Miscellaneous 17 12.1 Governing Law, Regulatory Authority, and Rules 17 12.2 Amendment 17 12.3 No Third-Party Beneficiaries 17 12.4 Waiver 17 18 12.5 Entire Agreement 17 18 12.6 Multiple Counterparts 18 12.7 No Partnership 18 12.8 Severability 18 12.9 Security Arrangements 18 19 12.10 Environmental Release 18 19 12.11 Subcontractors 19 12.12 Reservation of Rights 19 20 Article 13. Notices 19 20 13.1 General 20 13.2 Billing and Payment 20 21 13.3 Alternative Form of Notice 21 13.4 Designated Operating Representative 21 22 13.5 Changes to the Notice Information 22 Article 14. Signatures 22 23 Attachment 1 – Glossary of Terms Attachment 2 – Description and Costs of the Small Generating Facility, Interconnection Facilities, and Metering Equipment Attachment 3 – One-line Diagram Depicting the Small Generating Facility, Interconnection Facilities, Metering Equipment, and Upgrades Attachment 4 – Milestones Attachment 5 – Additional Operating Requirements for the Transmission owner’s Transmission System and Affected Systems Needed to Support the Interconnection Customer’s Needs Attachment 6 – Transmission Owner’s Description of its Upgrades and Best Estimate of Upgrade Costs This Interconnection Agreement (“Agreement”) is made and entered into this _________ 4th day of ____________________October, 2011 by Niagara Mohawk Power Corporation d/b/a nationalgrid National Grid (“Transmission Owner” ), and WM Renewable Energy, Wheelabrator Xxxxxx Falls L.L.C. _ (“Interconnection Customer”) each hereinafter sometimes referred to individually as “Party” or both referred to collectively as the “Parties”. Transmission Owner ” : Niagara Mohawk Power Corporation d/b/a nationalgrid _ National Grid Attention: Vice President Xxxx Xxxxx , Director Transmission Commercial Services City: Waltham State: MA Zip: 02451 Phone: 000-000-0000 Fax: 000-000-0000 Interconnection Customer” : Wheelabrator Xxxxxx Falls L.L.C. Attention: ___WM Renewable Energy, L.L.C._________ General Counsel City: __Houston__ Hampton State: __TX________ NH Zip: __77433______ 03842 Phone: __000-000-0000___________ 0000 Fax: _000-000-0000________________ 0000 Interconnection Customer Application No: N/A___ In consideration of the mutual covenants set forth herein, the Parties agree as follows:

Billing, Payment, Milestones. and And Financial Security 10 17 6.1 Billing and Payment Procedures and Final Accounting 10 17 6.2 Milestones 11 18 6.3 Interconnection Financial Security Arrangements 11 for Small Generating Facilities Processed Under the Fast Track Process or Small Generating Facilities Processed under SGIP 18 Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, 12 And Default 19 7.1 Assignment 12 19 7.2 Limitation of Liability 12 20 7.3 Indemnity 12 20 7.4 Consequential Damages 13 21 7.5 Force Majeure 13 21 7.6 Default 14 21 Article 8. Insurance 14 22 Article 9. Confidentiality 15 23 Article 10. Disputes 16 23 Article 11. Taxes 16 24 Article 12. Miscellaneous 17 24 12.1 Governing Law, Regulatory Authority, and Rules 17 24 12.2 Amendment 17 24 12.3 No Third-Party Beneficiaries 17 24 12.4 Waiver 17 25 12.5 Entire Agreement 17 25 12.6 Multiple Counterparts 18 25 12.7 No Partnership 18 25 12.8 Severability 18 25 12.9 Security Arrangements 18 25 12.10 Environmental Release 18 Releases 26 12.11 Subcontractors 19 26 12.12 Reservation of Rights 19 26 12.13 Annual Reassessment Process 27 Article 13. Notices 19 27 13.1 General 20 27 13.2 Billing and Payment 20 28 13.3 Alternative Form Forms of Notice 21 28 13.4 Designated Operating Representative 21 29 13.5 Changes to the Notice Information 22 30 Article 14. Signatures 22 30 Attachment 1 – 31 Glossary of Of Terms 31 Attachment 2 – 35 Description and Costs of the Small Generating Facility, 35 Interconnection Facilities, and Metering Equipment 35 Attachment 3 – 36 One-line Diagram Depicting the Small Generating Facility, Interconnection 36 Facilities, Metering Equipment, and Upgrades 36 Attachment 4 – 37 Milestones 37 Attachment 5 – 38 Additional Operating Requirements for the Transmission owner’s Transmission System CAISO Controlled Grid and Affected Systems Needed to Support 38 the Interconnection Customer’s 's Needs 38 Attachment 6 – Transmission Owner’s 39 Participating TO's Description of its Upgrades 39 and Best Estimate of Upgrade Costs 39 Attachment 7 40 Interconnection Requirements for an Asynchronous Small Generating Facility 40 Attachment 8 42 [This Attachment is Intentionally Omitted] 42 This Small Generator Interconnection Agreement (“"Agreement”") is made and entered into this _________ day of ____________________, 2011 20 , by Niagara Mohawk Power Corporation d/b/a nationalgrid (“Transmission Owner” "Participating TO"), the California Independent System Operator Corporation, a California nonprofit public benefit corporation organized and WM Renewable Energy, L.L.C. _ existing under the laws of the State of California (“Interconnection Customer”"CAISO") each hereinafter sometimes referred to individually as “Party” or both referred to collectively as the “Parties”. Transmission Owner ” Niagara Mohawk Power Corporation d/b/a nationalgrid _ and Participating TO: Attention: Vice President Transmission Commercial Services Address: City: Waltham State: MA Zip: Phone: Fax: E-mail Address: Attention: 000 Xxxxxxxxxxx Xxx Folsom, CA 95630 Phone: 000-000-0000 Fax: 000E-000-0000 mail: @xxxxx.xxx Interconnection Customer” : Attention: ___WM Renewable Energy, L.L.C._________ Address: City: __Houston__ State: __TX________ Zip: __77433______ Phone: __000-000-0000___________ Fax: _000E-000-0000________________ mail Address: Interconnection Customer Application Queue Position No: N/A___ In consideration of the mutual covenants set forth herein, the Parties agree as follows:

Billing, Payment, Milestones. and And Financial Security 10 18 6.1 Billing and Payment Procedures and Final Accounting 10 18 6.2 Milestones 11 18 6.3 Interconnection Financial Security Arrangements 11 for Small Generating Facilities Processed Under the Fast Track Process or Small Generating Facilities Processed under SGIP 19 Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, 12 And Default 20 7.1 Assignment 12 20 7.2 Limitation of Liability 12 21 7.3 Indemnity 12 21 7.4 Consequential Damages 13 21 7.5 Force Majeure 13 22 7.6 Default 14 22 Article 8. Insurance 14 23 Article 9. Confidentiality 15 23 Article 10. Disputes 16 24 Article 11. Taxes 16 25 Article 12. Miscellaneous 17 25 12.1 Governing Law, Regulatory Authority, and Rules 17 25 12.2 Amendment 17 25 12.3 No Third-Party Beneficiaries 17 25 12.4 Waiver 17 25 12.5 Entire Agreement 17 26 12.6 Multiple Counterparts 18 26 12.7 No Partnership 18 26 12.8 Severability 18 26 12.9 Security Arrangements 18 26 12.10 Environmental Release 18 Releases 26 12.11 Subcontractors 19 27 12.12 Reservation of Rights 19 27 12.13 Annual Reassessment Process 28 Article 13. Notices 19 28 13.1 General 20 28 13.2 Billing and Payment 20 29 13.3 Alternative Form Forms of Notice 21 29 13.4 Designated Operating Representative 21 30 13.5 Changes to the Notice Information 22 30 Article 14. Signatures 22 31 Attachment 1 – 32 Glossary of Of Terms 32 Attachment 2 – 36 Description and Costs of the Small Generating Facility, 36 Interconnection Facilities, and Metering Equipment 36 Attachment 3 – 37 One-line Diagram Depicting the Small Generating Facility, Interconnection 37 Facilities, Metering Equipment, and Upgrades 37 Attachment 4 – 38 Milestones 38 Attachment 5 – 39 Additional Operating Requirements for the Transmission owner’s Transmission System CAISO Controlled Grid and Affected Systems Needed to Support 39 the Interconnection Customer’s 's Needs 39 Attachment 6 – Transmission Owner’s 40 Participating TO's Description of its Upgrades 40 and Best Estimate of Upgrade Costs 40 Attachment 7 41 Interconnection Requirements for an Asynchronous Small Generating Facility 41 Attachment 8 43 [This Attachment is Intentionally Omitted] 43 This Small Generator Interconnection Agreement (“"Agreement”") is made and entered into this _________ day of ____________________, 2011 20 , by Niagara Mohawk Power Corporation d/b/a nationalgrid (“Transmission Owner” "Participating TO"), the California Independent System Operator Corporation, a California nonprofit public benefit corporation organized and WM Renewable Energy, L.L.C. _ existing under the laws of the State of California (“Interconnection Customer”"CAISO") each hereinafter sometimes referred to individually as “Party” or both referred to collectively as the “Parties”. Transmission Owner ” Niagara Mohawk Power Corporation d/b/a nationalgrid _ and Participating TO: Attention: Vice President Transmission Commercial Services Address: City: Waltham State: MA Zip: Phone: Fax: E-mail Address: Attention: 000 Xxxxxxxxxxx Xxx Folsom, CA 95630 Phone: 000-000-0000 Fax: 000E-000-0000 mail: @xxxxx.xxx Interconnection Customer” : Attention: ___WM Renewable Energy, L.L.C._________ Address: City: __Houston__ State: __TX________ Zip: __77433______ Phone: __000-000-0000___________ Fax: _000E-000-0000________________ mail Address: Interconnection Customer Application Queue Position No: N/A___ In consideration of the mutual covenants set forth herein, the Parties agree as follows: