Common use of Court Action or Other Legal Processes Clause in Contracts

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. Title Classifications Not to Exceed Hourly Rate Range Year 1 Year 2 Min. Max. Min. Max. Direct non-personal service costs will be allowed and reimbursed at cost for project related expenses. Items not listed but necessary to complete the work must be pre- approved by NYSERDA: Travel Laboratory Tests Overnight Mail Supplies Test Equipment Rentals Report Reproduction/Outside Printing Postage Computer Services Subcontracts If the Contractor has been authorized to use a Social Media Site to post information pertaining to NYSERDA programs, the Contractor shall comply with the following: 1. Only authorized and designated individuals shall have permission to publish content on the Social Media Site that relates to NYSERDA programs. 2. Will not post classified, sensitive, confidential, or trade secret information. 3. Will replace error with fact, not argument. 4. Must note the use of incorrect information or misstatements. 5. Must use best judgment for all activities. 6. Will not post offensive content, defined as content which is obscene, pornographic, threatening, defamatory, discriminatory or harassing. 7. Will, as soon as practical, remove offensive content posted by other parties, but shall maintain a copy of such content prior to removal as part of records management requirements. 8. Will respect copyright, fair use and financial disclosure laws. 9. Will not publish or report on conversations or information that has not been released as final NYSERDA policy or internal to NYSERDA unless given permission by management. 10. Will not post confidential information, or information the disclosure of which is an unwarranted invasion of a person’s personal privacy. 11. An individual shall be appointed to be responsible for periodically monitoring and maintaining NYSERDA related content on the Social Media Site. 12. Social Media Site account administrators shall review site activity and content for exploitation or misuse.

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. Title Classifications Not This guide is designed to Exceed Hourly Rate Range Year 1 Year help customers of NYSERDA’s Clean Energy Communities (CEC) Program develop the standardized metrics reporting that must be submitted as a preliminary document in Task 2 Minand as a final document in Task 4 with confirmed final benefits after implementation of their project. MaxNYSERDA has prioritized CEC projects with continuing, on-going benefits. MinTherefore, NYSERDA expects all CEC investments to produce annual long-term environmental, community, and economic development benefits, which are to be measured using the metrics described below. MaxAll CEC customers are required to develop preliminary estimated metrics and submit these estimated values in the Design Metrics Submittal (Task 2). Direct non-personal service costs Each project requires a submittal once 50% of the project is complete (Task 3). The final Project Completion Submittal (Task 4) will be allowed incorporate any final changes to the project information and reimbursed at cost metrics and any required documentation to demonstrate that the project has been completed. NYSERDA will provide an Excel workbook (metrics workbook) to simplify and standardize project metric calculations. Required Performance Metrics (RPMs): NYSERDA will track the following metrics for all CEC grant projects to demonstrate CEC program values and progress. All CEC customers must quantify these project related expensesbenefits for all the metrics applicable to the project. Items It is not required that projects impact all metrics. The RPMs are listed but necessary in the following table. Jobs created (permanent) # NYSERDA CEC Grant Amount ($) $ Investment by Others (matching and leveraged funds to complete the work must be pre- approved by NYSERDA: Travel Laboratory Tests Overnight Mail Supplies Test Equipment Rentals Report Reproductionproject-Private investment) $ Conventional Energy Cost Savings ($ / year) $/year Renewable Energy Installed Capacity (MW) MW Renewable Energy Annual Electric Generation / Savings (MWh) MWh/Outside Printing Postage Computer Services Subcontracts If the Contractor has been authorized to use a Social Media Site to post information pertaining to NYSERDA programs, the Contractor shall comply with the following: 1yr. Only authorized and designated individuals shall have permission to publish content on the Social Media Site that relates to NYSERDA programs. Energy Efficiency Peak Demand Electric Savings (MW) MW Energy Efficiency Annual Electric Savings (MWh) MWh/yr Energy Efficiency Annual Natural Gas Savings (MMBtu) MMBtu/yr Energy Efficiency Annual Gasoline Savings (MMBtu) MMBtu/yr Energy Efficiency Annual Diesel Savings (MMBtu) MMBtu/yr Energy Efficiency Annual #2. Will not post classified, sensitive, confidential, or trade secret information. 3. Will replace error with fact, not argument. 4. Must note the use of incorrect information or misstatements. 5. Must use best judgment for all activities. /Distillate Oil Savings (MMBtu) MMBtu/yr Energy Efficiency Annual #6. Will not post offensive content, defined as content which is obscene, pornographic, threatening, defamatory, discriminatory or harassing. 7. Will, as soon as practical, remove offensive content posted by other parties, but shall maintain a copy of such content prior to removal as part of records management requirements. 8. Will respect copyright, fair use and financial disclosure laws. 9. Will not publish or report on conversations or information that has not been released as final NYSERDA policy or internal to NYSERDA unless given permission by management. 10. Will not post confidential information, or information the disclosure of which is an unwarranted invasion of a person’s personal privacy. 11. An individual shall be appointed to be responsible for periodically monitoring and maintaining NYSERDA related content on the Social Media Site. 12. Social Media Site account administrators shall review site activity and content for exploitation or misuse./Residual Oil Savings (MMBtu) MMBtu/yr Energy Efficiency Annual Propane Savings (MMBtu) MMBtu/yr Energy Efficiency Annual Other Fuel Savings (MMBtu) MMBtu/yr Total Energy Savings (except electricity) (MMBtu/year) MMBtu/yr GHG Savings (MTCDE / year) MTCO2e/year Vehicle Miles Reduced mi/year

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. Title Classifications Not This guide is designed to Exceed Hourly Rate Range Year 1 Year help customers of NYSERDA’s Clean Energy Communities (CEC) Program develop the standardized metrics reporting that must be submitted as a preliminary document in Task 2 Minand as a final document in Task 4 with confirmed final benefits after implementation of their project. MaxNYSERDA has prioritized CEC projects with continuing, on- going benefits. MinTherefore, NYSERDA expects all CEC investments to produce annual long-term environmental, community, and economic development benefits, which are to be measured using the metrics described below. MaxAll CEC customers are required to develop preliminary estimated metrics and submit these estimated values in the Design Metrics Submittal (Task 2). Direct non-personal service costs Each project requires a submittal once 50% of the project is complete (Task 3). The final Project Completion Submittal (Task 4) will be allowed incorporate any final changes to the project information and reimbursed at cost metrics and any required documentation to demonstrate that the project has been completed. NYSERDA will provide an Excel workbook (metrics workbook) to simplify and standardize project metric calculations. Required Performance Metrics (RPMs): NYSERDA will track the following metrics for all CEC grant projects to demonstrate CEC program values and progress. All CEC customers must quantify these project related expensesbenefits for all the metrics applicable to the project. Items It is not required that projects impact all metrics. The RPMs are listed but necessary in the following table. Jobs created (permanent) # NYSERDA CEC Grant Amount ($) $ Investment by Others (matching and leveraged funds to complete the work must project- Private investment) $ Conventional Energy Cost Savings ($ / year) $/year Renewable Energy Installed Capacity (MW) MW Renewable Energy Annual Electric Generation / Savings (MWh) MWh/yr. Energy Efficiency Peak Demand Electric Savings (MW) MW Energy Efficiency Annual Electric Savings (MWh) MWh/yr Energy Efficiency Annual Natural Gas Savings (MMBtu) MMBtu/yr Energy Efficiency Annual Gasoline Savings (MMBtu) MMBtu/yr Energy Efficiency Annual Diesel Savings (MMBtu) MMBtu/yr Energy Efficiency Annual #2/Distillate Oil Savings (MMBtu) MMBtu/yr Energy Efficiency Annual #6/Residual Oil Savings (MMBtu) MMBtu/yr Energy Efficiency Annual Propane Savings (MMBtu) MMBtu/yr Energy Efficiency Annual Other Fuel Savings (MMBtu) MMBtu/yr Total Energy Savings (except electricity) (MMBtu/year) MMBtu/yr GHG Savings (MTCDE / year) MTCO2e/yea r Vehicle Miles Reduced mi/year Each CEC customer will be pre- approved by NYSERDA: Travel Laboratory Tests Overnight Mail Supplies Test Equipment Rentals Report Reproduction/Outside Printing Postage Computer Services Subcontracts If provided with a metrics workbook in Excel, which will include all assumptions, factors and calculations needed to quantify the Contractor has been authorized RPMs and project specific performance requirements. The metrics workbook will include instructions for completion, including needed input data. The metrics workbook will provide emission factors and assumptions for different types of projects to use a Social Media Site to post information pertaining to quantify benefits consistently across the CEC program. The metrics workbook may be updated periodically, therefore the customer should confirm with NYSERDA programs, that they have the Contractor shall comply with latest version. The metrics workbook will also serve as the following: 1. Only authorized and designated individuals shall have permission to publish content on submittal for applicable tasks identified in the Social Media Site that relates to NYSERDA programsAgreement. 2. Will not post classified, sensitive, confidential, or trade secret information. 3. Will replace error with fact, not argument. 4. Must note the use of incorrect information or misstatements. 5. Must use best judgment for all activities. 6. Will not post offensive content, defined as content which is obscene, pornographic, threatening, defamatory, discriminatory or harassing. 7. Will, as soon as practical, remove offensive content posted by other parties, but shall maintain a copy of such content prior to removal as part of records management requirements. 8. Will respect copyright, fair use and financial disclosure laws. 9. Will not publish or report on conversations or information that has not been released as final NYSERDA policy or internal to NYSERDA unless given permission by management. 10. Will not post confidential information, or information the disclosure of which is an unwarranted invasion of a person’s personal privacy. 11. An individual shall be appointed to be responsible for periodically monitoring and maintaining NYSERDA related content on the Social Media Site. 12. Social Media Site account administrators shall review site activity and content for exploitation or misuse.