Common use of Conditions of Service Clause in Contracts

Conditions of Service. (a) Company is not obligated to purchase electricity from Seller unless and until: (1) Company’s form of Purchase Power Agreement is executed by Seller and accepted by Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from Seller, Seller conveys or causes to be conveyed to Company, without cost to Company, a right-of-way easement, satisfactory to Company, across such private property which will provide for the construction, maintenance, and operation of Company's lines and facilities, necessary to receive electricity from Seller; provided, however, in the absence of a formal conveyance, Company nevertheless, shall be vested with an easement over Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to Company. Where not required by law, an inspection by a Company-approved inspector shall be made at Seller’s expense. In the event Seller is unable to secure such necessary rights of way, Seller shall reimburse Company for all costs Company may incur for the securing of such rights of way. The obligation of Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by Company failure to secure and retain such rights-of-way, privileges, franchises, and permits. (b) Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) Seller shall submit an Interconnection Request as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections. Company shall not be required to install facilities to support interconnection of Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection Agreement as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections, as may be required by Company. (d) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) Company is required by governmental authority to incur expenses in the relocation or the reconstruction underground of any portion of said lines, unless Company is reimbursed for such expense by Sellers or customers connected thereto, or (2) the right of Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) Company is not obligated to purchase electricity from Seller unless and until: (1) Company’s 's form of Purchase Power Agreement is executed by Seller and accepted by Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from Seller, Seller conveys or causes to be conveyed to Company, without cost to Company, a right-of-way easement, satisfactory to Company, across such private property which will provide for the construction, maintenance, and operation of Company's lines and facilities, necessary to receive electricity from Seller; provided, however, in the absence of a formal conveyance, Company nevertheless, shall be vested with an easement over Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to Company. Where not required by law, an inspection by a Company-Company- approved inspector shall be made at Seller’s 's expense. In the event Seller is unable to secure such necessary rights of way, Seller shall reimburse Company for all costs Company may incur for the securing of such rights of way. The obligation of Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by Company failure to secure and retain such rights-of-way, privileges, franchises, and permits. (b) Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) all applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); ) and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) Seller shall submit an Interconnection Request as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnectionsa request to interconnect. Company shall not be required to install facilities to support interconnection of Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection Agreement as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnectionsagreement to interconnect, as may be required by Company. (d) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) Company is required by governmental authority to incur expenses in the relocation or the reconstruction underground of any portion of said lines, unless Company is reimbursed for such expense by Sellers or customers connected thereto, or (2) the right of Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) The Company is not obligated to purchase electricity from the Seller unless and until: (1) the Company’s 's form of Purchase Power Agreement is executed by the Seller and accepted by the Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from the Seller, the Seller conveys or causes to be conveyed to the Company, without cost to Company, a right-of-right of way easement, satisfactory to the Company, across such private property which will provide for the construction, maintenance, and operation of the Company's lines and facilities, necessary to receive electricity from the Seller; provided, however, in the absence of a formal conveyance, the Company nevertheless, shall be vested with an easement over the Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to the Company. Where not required by law, an inspection by a Company-approved inspector shall be made at the Seller’s 's expense. In the event the Seller is unable to secure such necessary rights of way, the Seller shall reimburse the Company for all costs the Company may incur for the securing of such rights of way. The obligation of the Company in regard to service under the Agreement are dependent upon the Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. The Company shall not be liable to any Seller in the event the Company is delayed or prevented from purchasing power by the Company failure to secure and retain such rights-of-of- way, privileges, franchises, and permits. (b) The Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by the Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) The Seller shall submit an Interconnection Request as set forth in the South North Carolina Generator Interconnection Procedures, Forms, Forms and Agreements for State-Jurisdictional Generation Interconnections. The Company shall not be required to install facilities to support interconnection of the Seller’s generation or execute the Purchase Power Agreement until the Seller has signed an Interconnection Agreement as set forth in the South North Carolina Generator Interconnection Procedures, Forms, Forms and Agreements for State-Jurisdictional Generation Interconnections, as may be required by the Company. (d) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, the Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) the Company is required by governmental authority to incur expenses in the relocation or the reconstruction underground of any portion of said lines, unless the Company is reimbursed for such expense by the Sellers or customers connected thereto, or (2) the right of the Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) Company is not obligated to purchase electricity from Seller unless and until: (1) Company’s 's form of Purchase Power Agreement is executed by Seller and accepted by Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from Seller, Seller conveys or causes to be conveyed to Company, without cost to Company, a right-of-way easement, satisfactory to Company, across such private property which will provide for the construction, maintenance, and operation of Company's lines and facilities, necessary to receive electricity from Seller; provided, however, in the absence of a formal conveyance, Company nevertheless, shall be vested with an easement over Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to Company. Where not required by law, an inspection by a Company-approved inspector shall be made at Seller’s 's expense. In the event Seller is unable to secure such necessary rights of way, Seller shall reimburse Company for all costs Company may incur for the securing of such rights of way. The obligation of Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by Company failure to secure and retain such rights-of-way, privileges, franchises, and permits. (b) Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) Seller shall submit an Interconnection Request as set forth in the South North Carolina Generator Interconnection Procedures, Forms, Forms and Agreements for State-Jurisdictional Generation Interconnections. Company shall not be required to install facilities to support interconnection of Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection Agreement as set forth in the South North Carolina Generator Interconnection Procedures, Forms, Forms and Agreements for State-State- Jurisdictional Generation Interconnections, as may be required by Company. (d) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) Company is required by governmental authority to incur expenses in the relocation or the reconstruction underground of any portion of said lines, unless Company is reimbursed for such expense by Sellers or customers connected thereto, or (2) the right of Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) Company is not obligated to purchase electricity from Seller unless and until: (1) Company’s 's form of Purchase Power Agreement is executed by Seller and accepted by Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from Seller, Seller conveys or causes to be conveyed to Company, without cost to Company, a right-of-way easement, satisfactory to Company, across such private property which will provide for the construction, maintenance, and operation of Company's lines and facilities, necessary to receive electricity from Seller; provided, however, in the absence of a formal conveyance, Company nevertheless, shall be vested with an easement over Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to Company. Where not required by law, an inspection by a Company-approved inspector shall be made at Seller’s 's expense. In the event Seller is unable to secure such necessary rights of way, Seller shall reimburse Company for all costs Company may incur for the securing of such rights of way. The obligation of Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by Company failure to secure and retain such rights-of-way, privileges, franchises, and permits. (b) Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) all applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); ) and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) Seller shall submit an Interconnection Request as set forth in the South North Carolina Generator Interconnection Procedures, Forms, Forms and Agreements for State-Jurisdictional Generation Interconnections. Company shall not be required to install facilities to support interconnection of Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection Agreement as set forth in the South North Carolina Generator Interconnection Procedures, Forms, Forms and Agreements for State-State- Jurisdictional Generation Interconnections, as may be required by Company. (d) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) Company is required by governmental authority to incur expenses in the relocation or the reconstruction underground of any portion of said lines, unless Company is reimbursed for such expense by Sellers or customers connected thereto, or (2) the right of Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) The Company is not obligated to purchase electricity from the Seller unless and until: (1) the Company’s 's form of Purchase Power Agreement is executed by the Seller and accepted by the Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from the Seller, the Seller conveys or causes to be conveyed to the Company, without cost to the Company, a right-of-way easement, satisfactory to the Company, across such private property which will provide for the construction, maintenance, and operation of the Company's lines and facilities, necessary to receive electricity from Seller; provided, however, in the absence of a formal conveyance, the Company nevertheless, shall be vested with an easement over Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to the Company. Where not required by law, an inspection by a Company-approved inspector shall be made at the Seller’s 's expense. In the event the Seller is unable to secure such necessary rights of way, the Seller shall reimburse the Company for all costs the Company may incur for the securing of such rights of way. . (b) The obligation of the Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. The Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by the Company failure to secure and retain such rights-of-of- way, privileges, franchises, and permits. (b) . The Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) all applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); ) and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) The Seller shall submit an Interconnection Request as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnectionsa request to interconnect. The Company shall not be required to install facilities to support interconnection of the Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection Agreement as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnectionsagreement to interconnect, as may be required by the Company. (d) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, the Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) the Company is required by governmental authority to incur expenses in the relocation or the reconstruction underground of any portion of said lines, unless the Company is reimbursed for such expense by Sellers or customers connected thereto, or (2) the right of the Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) The Company is not obligated to purchase electricity from the Seller unless and until: (1) the Company'’s form of Purchase Power Agreement is executed by the Seller and accepted by the Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from the Seller, the Seller conveys or causes to be conveyed to the Company, without cost to the Company, a right-of-way easement, satisfactory to the Company, across such private property which will provide for the construction, maintenance, and operation of the Company's lines and facilities, necessary to receive electricity from Seller; provided, however, in the absence of a formal conveyance, the Company nevertheless, shall be vested with an easement over Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to the Company. Where not required by law, an inspection by a Company-approved inspector shall be made at the Seller'’s expense. In the event the Seller is unable to secure such necessary rights of way, the Seller shall reimburse the Company for all costs the Company may incur for the securing of such rights of way. The obligation of the Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. The Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by the Company failure to secure and retain such rights-of-of- way, privileges, franchises, and permits. (b) The Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) The Seller shall submit an a request to interconnectan Interconnection Request as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections. The Company shall not be required to install facilities to support interconnection of the Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection agreement to interconnectInterconnection Agreement as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections, as may be required by the Company. (d) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, the Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) the Company is required by governmental authority ELECTRONICALLY FILED - 2020 January 17 12:22 PM - SCPSC - Docket # 2019-186-E - Page 4 of 13 Duke Energy Carolinas, LLC to incur expenses in the relocation or the reconstruction underground of any portion of said lines, unless the Company is reimbursed for such expense by Sellers or customers connected thereto, or (2) the right of Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.or

Conditions of Service. (a) Company is not obligated to purchase supply electricity from Seller to Customer unless and until: (1) Company’s 's form of Purchase Power Agreement Application for Supply of Electricity is executed by Seller Customer and accepted by Company; (2) in cases where it is necessary to cross private property to accept delivery of deliver electricity from Sellerto Customer, Seller Customer conveys or causes to be conveyed to Company, without cost to Company, a right-of-way easement, satisfactory to Company, across such private property which will provide for the construction, maintenance, and operation of Company's lines and facilities, necessary to receive the delivery of electricity from Seller; by Company to Customer, provided, however, in the absence of a formal conveyance, Company Company, nevertheless, shall be vested with an easement over SellerCustomer's premises authorizing it to do all things necessary including to the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to Company. Where not required by law, an inspection by a Company-approved inspector shall be made at Seller’s expense. In the event Seller is unable to secure such necessary rights of way, Seller shall reimburse Company for all costs Company may incur for the securing of such rights of way. The obligation of Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by Company failure to secure and retain such rights-of-way, privileges, franchises, and permits. (b) Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided If Company installs a substation or other facilities for service to Customer, any available capacity of such facilities not needed to supply Customer may be used by Company, including any Energy Storage Protocols provided Company to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); and (iii) the SERC Reliability Corporation (“SERC”) or any successor theretosupply others. (c) Seller shall submit Company may refuse to furnish electric service to any Applicant, or Customer, who at the time is indebted to Company for electric service previously supplied to such Applicant or Customer, or any other member of his household, or business, in any area served by Company, except that an Interconnection Request as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements applicant for State-Jurisdictional Interconnections. Company residential service shall not be required denied service for failure to install facilities to support interconnection pay such bills for classes of Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection Agreement as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections, as may be required by Companynonresidential service. (d) If electricity is received through supplied by lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, Company shall have the right, upon 30 days' days written notice, to discontinue the supply of electricity to any Customer or Customers receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) Company is required by governmental authority to incur expenses expense in the relocation or the reconstruction underground of any portion of said lines, unless Company is reimbursed for such expense by Sellers Customer or customers connected theretoCustomers served therefrom, or (2) the right of Company to maintain and operate said lines is shall be terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) The Company is not obligated to purchase electricity from the Seller unless and until: (1) the Company’s 's form of Purchase Power Agreement is executed by the Seller and accepted by the Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from the Seller, the Seller conveys or causes to be conveyed to the Company, without cost to Company, a right-of-right of way easement, satisfactory to the Company, across such private property which will provide for the construction, maintenance, and operation of the Company's lines and facilities, necessary to receive electricity from the Seller; provided, however, in the absence of a formal conveyance, the Company nevertheless, shall be vested with an easement over the Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to the Company. Where not required by law, an inspection by a Company-approved inspector shall be made at the Seller’s 's expense. In the event the Seller is unable to secure such necessary rights of way, the Seller shall reimburse the Company for all costs the Company may incur for the securing of such rights of way. The obligation of the Company in regard to service under the Agreement are dependent upon the Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. The Company shall not be liable to any Seller in the event the Company is delayed or prevented from purchasing power by the Company failure to secure and retain such rights-of-way, privileges, franchises, and permits. (b) The Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by the Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) The Seller shall submit an Interconnection Request as set forth in the South North Carolina Generator Interconnection Procedures, Forms, Forms and Agreements for State-Jurisdictional Generation Interconnections. The Company shall not be required to install facilities to support interconnection of the Seller’s generation or execute the Purchase Power Agreement until the Seller has signed an Interconnection Agreement as set forth in the South North Carolina Generator Interconnection Procedures, Forms, Forms and Agreements for State-Jurisdictional Generation Interconnections, as may be required by the Company. (d) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, the Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) the Company is required by governmental authority to incur expenses in the relocation or the reconstruction underground of any portion of said lines, unless the Company is reimbursed for such expense by the Sellers or customers connected thereto, or (2) the right of the Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) Company is not obligated to purchase electricity from Seller unless and until: (1) Company’s 's form of Purchase Application for Standard Contract by a Qualifying Cogenerator or Small Power Agreement Producer is executed by Seller and accepted by Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from Seller, Seller conveys or causes to be conveyed to Company, without cost to Company, a right-of-way easement, satisfactory to Company, across such private property which will provide for the construction, maintenance, and operation of Company's lines and facilities, necessary to receive electricity from Seller; provided, however, in the absence of a formal conveyance, Company nevertheless, shall be vested with an easement over Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to Company. Where not required by law, an inspection by a Company-approved inspector shall be made at Seller’s 's expense. In the event Seller is unable to secure such necessary rights of rights-of-way, Seller shall reimburse Company for all costs Company may incur for the securing of such rights of way. The obligation of Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by Company failure to secure and retain such rights-of-way, privileges, franchises, and permits. (b) Seller Seller’s interconnection facilities shall operate its Facility in compliance with all: (i) System Operator Instructions provided by Company, including any Energy Storage Protocols provided be designed to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); accepted engineering standards and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) Seller shall submit an Interconnection Request a facility description, including equipment specifications, to Company for review prior to the connection of said facility and equipment to Company's system. Company’s review shall not be construed as set forth in confirming or endorsing Seller's design or as any warranty as to the South Carolina Generator Interconnection Proceduressafety, Formsdurability, and Agreements for State-Jurisdictional Interconnectionsor reliability of Seller’s facility or equipment. Company shall not not, by reason of its review or failure to review, be required to install facilities to support interconnection responsible for the design, adequacy, or capacity of Seller's facility or equipment, nor shall Company’s generation acceptance be deemed to be an endorsement of any facility or execute the Purchase Power Agreement until equipment. Seller has signed shall submit an Interconnection Agreement as set forth in the South North Carolina Generator Interconnection Procedures, Forms, Forms and Agreements for State-Jurisdictional Generation Interconnections, as may be required by Company. (dc) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) Company is required by governmental authority to incur expenses expense in the relocation or the reconstruction underground of any portion of said lines, unless Company is reimbursed for such expense by Sellers or customers connected thereto, or (2) the right of Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) 2.1 Company is not obligated to purchase electricity from Seller unless and until: (1) Company’s 's form of Purchase Application for Standard Contract by a Qualifying Cogenerator or Small Power Agreement Producer is executed by Seller and accepted by Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from Seller, Seller conveys or causes to be conveyed to Company, without cost to Company, a right-of-way easement, satisfactory to Company, across such private property which will provide for the construction, maintenance, and operation of Company's lines and facilities, necessary to receive electricity from Seller; provided, however, in the absence of a formal conveyance, Company nevertheless, shall be vested with an easement over Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to Company. Where not required by law, an inspection by a Company-approved inspector shall be made at Seller’s 's expense. In the event Seller is unable to secure such necessary rights of rights-of-way, Seller shall reimburse Company for all costs Company may incur for the securing of such rights of way. The obligation of Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way. 2.2 Seller's interconnection facilities shall be designed to accepted engineering standards and Seller shall submit a facility description, privilegesincluding equipment specifications, franchisesto Company for review prior to the connection of said facility and equipment to Company's system. Company's review shall not be construed as confirming nor endorsing Seller's design nor as any warranty as to the safety, and permitsdurability, for such serviceor reliability of Seller's facility or equipment. Company shall not be liable to any Seller in the event Company is delayed not, by reason of its review or prevented from purchasing power by Company failure to secure and retain such rights-of-wayreview, privilegesbe responsible for strength, franchisesdetails of design, and permitsadequacy, or capacity of Seller's facility or equipment, nor shall Company's acceptance be deemed to be an endorsement of any facility or equipment. (b) Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) Seller shall submit an Interconnection Request as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections. Company shall not be required to install facilities to support interconnection of Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection Agreement as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections, as may be required by Company. (d) 2.3 If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, Company shall have the right, upon 30 days' written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) Company is required by governmental authority to incur expenses expense in the relocation or the reconstruction underground of any portion of said lines, unless Company is reimbursed for such expense by Sellers or customers connected thereto, or (2) the right of Company to maintain and operate said lines is shall be terminated, revoked, or denied by governmental authority for any reason. 2.4 The Company and the Seller have an existing Facility Interconnection and Operating Agreement dated January 18, 2002 on file with the Federal Energy Regulatory Commission, Docket No. ER02-1569-000 (the "FERC Interconnection Agreement"). This Agreement, and not the FERC Interconnection Agreement, shall govern as long as the Seller is operating the facility solely as a Qualifying Facility under PURPA and selling either capacity or energy or both to Company.

Conditions of Service. (a) Company is not obligated to purchase electricity from Seller unless and until: (1) Company’s 's form of Purchase Power Agreement is executed by Seller and accepted by Company; (2) in cases where it is necessary to cross private property to accept delivery of electricity from Seller, Seller conveys or causes to be conveyed to Company, without cost to Company, a right-of-way easement, satisfactory to Company, across such private property which will provide for the construction, maintenance, and operation of Company's lines and facilities, necessary to receive electricity from Seller; provided, however, in the absence of a formal conveyance, Company nevertheless, shall be vested with an easement over Seller's premises authorizing it to do all things necessary including the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to Company. Where not required by law, an inspection by a Company-approved inspector shall be made at Seller’s expense. In the event Seller is unable to secure such necessary rights of way, Seller shall reimburse Company for all costs Company may incur for the securing of such rights of way. The obligation of Company in regard to service under the Agreement are is dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by Company failure to secure and retain such rights-of-way, privileges, franchises, and permits. (b) Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided by Company, including any Energy Storage Protocols provided to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); and (iii) the SERC Reliability Corporation (“SERC”) or any successor thereto. (c) Seller shall submit an Interconnection Request as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections. Company shall not be required to install facilities to support interconnection of Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection Agreement as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections, as may be required by Company. (d) If electricity is received through lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, Company shall have the right, upon 30 days' ’ written notice, to discontinue receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) Company is required by governmental authority to incur expenses in the relocation or the reconstruction underground of any portion of said lines, unless Company is reimbursed for such expense by Sellers or customers connected thereto, or (2) the right of Company to maintain and operate said lines is terminated, revoked, or denied by governmental authority for any reason.

Conditions of Service. (a) Company is not obligated to purchase supply electricity from Seller to Customer unless and until: (1) Company’s 's form of Purchase Power Agreement Application for Supply of Electricity is executed by Seller Customer and accepted by Company; (2) in cases where it is necessary to cross private property to accept delivery of deliver electricity from Sellerto Customer, Seller Customer conveys or causes to be conveyed to Company, without cost to Company, a right-of-way easement, satisfactory to Company, across such private property which will provide for the construction, maintenance, and operation of Company's lines and facilities, necessary to receive the delivery of electricity from Seller; by Company to Customer, provided, however, in the absence of a formal conveyance, Company Company, nevertheless, shall be vested with an easement over SellerCustomer's premises authorizing it to do all things necessary including to the construction, maintenance, and operation of its lines and facilities for such purpose; and (3) any inspection certificates or permits that may be required by law in the local area are furnished to Company. Where not required by law, an inspection by a Company-approved inspector shall be made at Seller’s expense. In the event Seller is unable to secure such necessary rights of way, Seller shall reimburse Company for all costs Company may incur for the securing of such rights of way. The obligation of Company in regard to service under the Agreement are dependent upon Company securing and retaining all necessary rights-of-way, privileges, franchises, and permits, for such service. Company shall not be liable to any Seller in the event Company is delayed or prevented from purchasing power by Company failure to secure and retain such rights-of-way, privileges, franchises, and permits. (b) Seller shall operate its Facility in compliance with all: (i) System Operator Instructions provided If Company installs a substation or other facilities for service to Customer, any available capacity of such facilities not needed to supply Customer may be used by Company, including any Energy Storage Protocols provided Company to Seller which have been approved by the Commission, if applicable; (ii) applicable operating guidelines established by the North American Electric Reliability Corporation (“NERC”); and (iii) the SERC Reliability Corporation (“SERC”) or any successor theretosupply others. (c) Seller shall submit Company may refuse to furnish electric service to any Applicant, or Customer, who at the time is indebted to Company for electric service previously supplied to such Applicant or Customer or business, in any area served by Company, except that an Interconnection Request as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements applicant for State-Jurisdictional Interconnections. Company residential service shall not be required denied service for failure to install facilities to support interconnection pay such bills for classes of Seller’s generation or execute the Purchase Power Agreement until Seller has signed an Interconnection Agreement as set forth in the South Carolina Generator Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Interconnections, as may be required by Companynonresidential service. (d) If electricity is received through supplied by lines which cross the lands of the United States of America, a state, or any agency or subdivision of the United States of America or of a state, Company shall have the right, upon 30 days' days written notice, to discontinue the supply of electricity to any Customer or Customers receiving electricity from any Seller or Sellers interconnected to such lines, if and when (1) Company is required by governmental authority to incur expenses expense in the relocation or the reconstruction underground of any portion of said lines, unless Company is reimbursed for such expense by Sellers Customer or customers connected theretoCustomers served therefrom, or (2) the right of Company to maintain and operate said lines is shall be terminated, revoked, or denied by governmental authority for any reason.