Common use of Construction Report Clause in Contracts

Construction Report. Monthly Project Progress Report From the Effective Date and continuing until the Initial Delivery Date, Seller will provide a monthly Project Progress Report containing, at a minimum, the information listed below. An executive summary; Project bar chart schedule (including current status of all events); Assessment of percent construction complete and percent change from immediately previous report; Description of general work status (including short passages as applicable) on: Engineering; Procurement; Permitting (include status of any required regulatory determinations for approval of Federal New Source Review permitting exemptions, expedited permitting processes, and status of acquisition of required ERCs and other emission credits in terms of impact on the Project’s permitting schedule, over-all Project schedule, and ability of Project to meet Expected Initial Delivery Date); Major construction activities in the prior month; Testing; Electrical interconnection status; and Any other required interconnections. Forecast activities for next month; and Potential issues affecting the Project. Seller must notify SCE’s contract manager for the Agreement in writing of its receipt of any additional documents, which fall into the categories, listed (in a – f) below, and make such documents available to SCE within two (2) Business Days of such receipt: All material written commitments regarding construction work at the Project that could impact completion schedule or Initial Delivery Date; Executed work orders for construction of the Project; Construction agreements; Letters of intent; Precedent agreements; and Engineering assessments of the Project or any Storage Unit. APPENDIX 7 TESTING PROTOCOLS INITIAL COMMERCIAL OPERATION and CONTRACT CAPACITY & ANCILLARY SERVICE TESTS [SCE Note: Protocols may need to be adjusted based on storage process technology] Storage Unit This Appendix 7 sets forth the protocols for (i) the Initial Commercial Operation Test that each Storage Unit must successfully complete in order to achieve Commercial Operation and which sets the level of SU Contract Capacity for such Storage Unit, and (ii) the Contract Capacity & Ancillary Services Test. The Initial Commercial Operation Test and the Contract Capacity & Ancillary Services Tests are sometimes referred to in this Appendix individually as a “Test” and jointly as the “Tests.”

Construction Report. Monthly Project Progress Report From the Effective Date and continuing until the Initial Delivery Date, Seller will provide a monthly Project Progress Report containing, at a minimum, the information listed below. An executive summary; Project bar chart schedule (including current status of all events); Assessment of percent construction complete and percent change from immediately previous report; Description of general work status (including short passages as applicable) on: Engineering; Procurement; Permitting (include status of any required regulatory determinations for approval of Federal New Source Review permitting exemptions, expedited permitting processes, and status of acquisition of required ERCs and other emission credits in terms of impact on the Project’s permitting schedule, over-all Project schedule, and ability of Project to meet Expected Initial Delivery Date); Major construction activities in the prior month; Testing; Electrical interconnection status; and Any other required interconnections. Forecast activities for next month; and Potential issues affecting the Project. Seller must notify SCESDG&E’s contract manager for the Agreement in writing of its receipt of any additional documents, which fall into the categories, listed (in a – f) below, and make such documents available to SCE SDG&E within two (2) Business Days of such receipt: All material written commitments regarding construction work at the Project that could impact completion schedule or Initial Delivery Date; Executed work orders for construction of the Project; Construction agreements; Letters of intent; Precedent agreements; and Engineering assessments of the Project or any Storage UnitProject. APPENDIX 7 TESTING PROTOCOLS INITIAL COMMERCIAL OPERATION [NOTE: TO BE DISCUSSED] APPENDIX 9.02 Monthly RA Capacity Price [NOTE TO BIDDER: Insert Pricing] APPENDIX 13.03(b) LETTER OF CREDIT FORM [DATE] To: San Diego Gas & Electric Company 000 X. Xxxxx Xxxxxx Mail Code: GT18A3 Xxx Xxxxxxx, XX 00000 Re: Our Irrevocable Standby Letter of Credit No._____ In the Amount of US_____________ Ladies and CONTRACT CAPACITY Gentlemen: We hereby open our irrevocable standby Letter of Credit Number ______ in favor of San Diego Gas & ANCILLARY SERVICE TESTS Electric Company (“Beneficiary”), by order and for account of [SCE Notename of Applicant] (“Applicant”), [address of Applicant], available at sight upon demand at our counters, at [location] for an amount of US$ _____________ [amount spelled out and xx/100 U.S. Dollars] against presentation one of the following documents: Protocols may need Statement signed by a person purported to be adjusted based an authorized representative of Beneficiary stating that: “[name of Applicant] (“Applicant”) is in default under the Resource Adequacy Purchase Agreement between Beneficiary and Applicant dated _________________ or under any transaction contemplated thereby (whether by failure to perform or pay any obligation thereunder or by occurrence of a “default”, “event of default” or similar term as defined in such agreement, any other agreement between Beneficiary and Applicant, or otherwise). The amount due to Beneficiary is U.S. $__________.” or Statement signed by a person purported to be an authorized representative of Beneficiary stating that: “[name of Applicant] (“Applicant”) has forfeited all or part of its Performance Assurance Security as set forth and defined in the Resource Adequacy Purchase Agreement between Beneficiary and Applicant dated _________________. The amount due to Beneficiary, whether or not a default has occurred, is U.S. $__________.” or Statement signed by a person purported to be an authorized representative of Beneficiary stating that: “as of the close of business on storage process technology[insert date, which is less than 60 days prior to the expiration date of the Letter of Credit] Storage Unit you have provided written notice to us indicating your election not to permit extension of this Letter of Credit beyond its current expiry date. The amount due to Beneficiary, whether or not a default has occurred, is U.S. $__________.” Special Conditions: - All costs and banking charges pertaining to this Letter of Credit are for the account of Applicant. - Partial and multiple drawings are permitted. - Fax of Document 1 or 2 or 3 above is acceptable. Notwithstanding anything to the contrary herein, any drawing hereunder may be requested by transmitting the requisite documents as described above to us by facsimile at ______________ or such other number as specified from time to time by us. The facsimile transmittal shall be deemed delivered when received. It is understood that drawings made by facsimile transmittal are deemed to be the operative instrument without the need of originally signed documents. This Appendix 7 sets forth Letter of Credit expires on _____________ at our counters. We hereby engage with Beneficiary that upon presentation of a document as specified under and in compliance with the protocols terms of this Letter of Credit, this Letter of Credit will be duly honored in the amount stated in Document 1, 2 or 3 above. If a document is so presented by 1:00 pm on any New York banking day, we will honor the same in full in immediately available New York funds on that day and, if so presented after 1:00 pm on a New York banking day, we will honor the same in full in immediately available New York funds by noon on the following New York banking day. It is a condition of this Letter of Credit that it shall be deemed automatically extended without an amendment for a one year period beginning on the present expiry date hereof and upon each anniversary of such date, unless at least sixty (i60) days prior to any such expiry date we have sent you written notice by regular and registered mail or courier service that we elect not to permit this Letter of Credit to be so extended beyond, and will expire on its then current expiry date. No presentation made under this Letter of Credit after such expiry date will be honored. We agree that if this Letter of Credit would otherwise expire during, or within 30 days after, an interruption of our business caused by an act of god, riot, civil commotion, insurrection, act of terrorism, war or any other cause beyond our control or by any strike or lockout, then this Letter of Credit shall expire on the Initial Commercial Operation Test that each Storage Unit must successfully complete in order to achieve Commercial Operation 30th day following the day on which we resume our business after the cause of such interruption has been removed or eliminated and any drawing on this Letter of Credit which sets the level of SU Contract Capacity could properly have been made but for such interruption shall be permitted during such extended period. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce, Publication No. 600 (“UCP”), except to the extent that the terms hereof are inconsistent with the provisions of the UCP, including but not limited to Articles 14(b) and 36 of the UCP, in which case the terms of this Letter of Credit shall govern. Matters not covered by the UCP shall be governed and construed in accordance with the laws of the State of California. [Name of Bank] ______________________________ Authorized Signature(s) APPENDIX 20.01 AVAILABILITY NOTICE Availability Notice Operating Day: Station: Issued By: Unit: Issued At: Unit 100% Available No Restrictions: Stored Energy Level: Hour Ending Available Capacity to Discharge Available Capacity to Charge Minimum Output AGC Available AGC Min Limit AGC Max Limit Storage Unit, and Capacity Available to Charge Storage Capacity Available to Discharge Comments (iiMW) the Contract Capacity & Ancillary Services Test. The Initial Commercial Operation Test and the Contract Capacity & Ancillary Services Tests are sometimes referred to in this Appendix individually as a “Test” and jointly as the “Tests.”(MW) (MW) (non AGC) YES/NO (MW) (MW) (MWh) (MWh) 1:00

Construction Report. Monthly Project Progress Report From the Effective Date of this Agreement and continuing until the Initial Delivery Date, Seller will provide a monthly Project Progress Report containing, at a minimum, the information listed below. An executive summary; Project bar chart schedule (including current status of all events); Assessment of percent construction complete and percent change from immediately previous report; Description of general work status (including short passages as applicable) on: Engineering; Procurement; Permitting (include status of any required regulatory determinations for approval of Federal New Source Review permitting exemptions, expedited permitting processes, and status of acquisition of required ERCs and other emission credits in terms of impact on the Project’s permitting schedule, over-all Project schedule, and ability of Project to meet the Expected Initial Delivery Date); Major construction activities in the prior month; Testing; Electrical interconnection status; Fuel gas interconnection status; and Any other required interconnections. Forecast activities for next month; and Potential issues affecting the Project. Seller must notify SCE’s contract manager for the Agreement in writing of its receipt of any additional documents, which fall into the categories, listed (in a – f) below, and make such documents available to SCE within two (2) Business Days of such receipt: All material written commitments regarding construction work at the Project that could impact completion schedule or Initial Delivery Date; Executed work orders for construction of the Project; Construction agreements; Letters of intent; Precedent agreements; and Engineering assessments of the Project or any Storage Generating Unit. APPENDIX 7 TESTING PROTOCOLS INITIAL COMMERCIAL OPERATION and CONTRACT CAPACITY & ANCILLARY SERVICE TESTS [SCE Note: Protocols may need to be adjusted based on storage process technology] Storage Unit Simple and Combined Cycle Generating Units This Appendix 7 sets forth the protocols for (i) the Initial Commercial Operation Test that each Storage Generating Unit must successfully complete in order to achieve Commercial Operation and which sets the level of SU GU Contract Capacity for such Storage each Generating Unit, and (ii) the Contract Capacity & Ancillary Services Test. The Initial Commercial Operation Test and the Contract Capacity & Ancillary Services Tests are sometimes referred to in this Appendix individually as a “Test” and jointly as the “Tests.” Each Test may last up to three (3) days. Each day any Test is conducted shall constitute a “Test Day”.

Construction Report. Monthly Project Progress Report From the Effective Date of this Agreement and continuing until the Initial Delivery Date, Seller will provide a monthly Project Progress Report containing, at a minimum, the information listed below. An executive summary; Project bar chart schedule (including current status of all events); Assessment of percent construction complete and percent change from immediately previous report; Description of general work status (including short passages as applicable) on: Engineering; Procurement; Permitting (include status of any required regulatory determinations for approval of Federal New Source Review permitting exemptions, expedited permitting processes, and status of acquisition of required ERCs and other emission credits in terms of impact on the Project’s permitting schedule, over-all Project schedule, and ability of Project to meet the Expected Initial Delivery Date); Major construction activities in the prior month; Testing; Electrical interconnection status; Fuel gas interconnection status; and Any other required interconnections. Forecast activities for next month; and Potential issues affecting the Project. Seller must notify SCE’s contract manager for the Agreement in writing of its receipt of any additional documents, which fall into the categories, listed (in a – f) below, and make such documents available to SCE within two (2) Business Days of such receipt: All material written commitments regarding construction work at the Project that could impact completion schedule or Initial Delivery Date; Executed work orders for construction of the Project; Construction agreements; Letters of intent; Precedent agreements; and Engineering assessments of the Project or any Storage Generating Unit. APPENDIX 7 TESTING PROTOCOLS INITIAL COMMERCIAL OPERATION and CONTRACT CAPACITY & ANCILLARY SERVICE TESTS [SCE Note: Protocols may need to be adjusted based on storage process technology] Storage Unit Simple and Combined Cycle Generating Units This Appendix 7 sets forth the protocols for (i) the Initial Commercial Operation Test that each Storage Generating Unit must successfully complete in order to achieve Commercial Operation and which sets the level of SU GU Contract Capacity for such Storage each Generating Unit, and (ii) the Contract Capacity & Ancillary Services Test. The Initial Commercial Operation Test and the Contract Capacity & Ancillary Services Tests are sometimes referred to in this Appendix individually as a “Test” and jointly as the “Tests.” Each Test may last up to three (3) days. SCE may require a Contract Capacity & Ancillary Services Test to be performed once per each Contract Year following the initial Contract Year. Each day any Test is conducted shall constitute a “Test Day”.