Common use of Economic Development Elements Clause in Contracts

Economic Development Elements. 5.1 The Economic Development requirements to be met by the Seller and its Contractors in the Construction Measurement Period and the Operating Measurement Period are contained in this Schedule 7 (Economic Development Obligations). 5.2 Quarterly Obligations will: 5.2.1 in the case of Job Creation, be the percentage and quantum values for each Contract Quarter as expressed in Annex 10 (Quarterly Obligations) of this Schedule 2 (Economic Development Obligations); and 5.2.2 in the case of Economic Development Elements other than Job Creation ("Other ED Elements"), be the percentage as expressed in Annex 10 (Quarterly Obligations) of this Schedule 7 (Economic Development Obligations). The quantum values indicated in Annex 10 (Quarterly Obligations) in respect of these Other ED Elements are only indicative of the extent of projected quantum achievement, based on the Seller’s forecasts. 5.3 The Seller will: 5.3.1 be measured for compliance with the Economic Development Sub-Elements; 5.3.2 have Economic Development Performance Deductions levied in terms of paragraph 8.1 of this Schedule 7 (Economic Development Obligations) for not meeting its Quarterly Obligations in a Contract Quarter; 5.3.3 be subject to termination based on Termination Points as contemplated in clause 13.2 (Termination Points); 5.3.4 be monitored for compliance with the Quarterly Obligations; and 5.3.5 be awarded Economic Development Performance Credits in terms of paragraph 8.1 of this Schedule 7 (Economic Development Obligations) for exceeding its Quarterly Obligations in a Contract Quarter. 5.4 The Economic Development Performance Deductions and Economic Development Performance Credits will be reconciled in terms of paragraph 8.1.4 of this Schedule 7 (Economic Development Obligations).

Economic Development Elements. 5.1 The Economic Development requirements to be met by the Seller and its Contractors in the Construction Measurement Period and the Operating Measurement Period are contained in this Schedule 7 (Economic Development Obligations). 5.2 Quarterly Obligations will: 5.2.1 in the case of Job Creation, be the percentage and quantum values for each Contract Quarter as expressed in Annex 10 (Quarterly Obligations) of this Schedule 2 (Economic Development Obligations); and 5.2.2 in the case of Economic Development Elements other than Job Creation ("Other ED Elements"), be the percentage as expressed in Annex 10 (Quarterly Obligations) of this Schedule 7 (Economic Development Obligations). The quantum values indicated in Annex 10 (Quarterly Obligations) in respect of these Other ED Elements are only indicative of the extent of projected quantum achievement, based on the Seller’s forecasts. 5.3 The Seller will: 5.3.1 be measured for compliance with the Economic Development Sub-Elements; 5.3.2 have Economic Development Performance Deductions levied in terms of paragraph 8.1 of this Schedule 7 (Economic Development Obligations) for not meeting its Quarterly Obligations in a Contract Quarter; 5.3.3 be subject to termination based on Termination Points as contemplated in clause 13.2 (Termination Points); 5.3.4 be monitored for compliance with the Quarterly Obligations; and 5.3.5 be awarded Economic Development Performance Credits in terms of paragraph 8.1 of this Schedule 7 (Economic Development Obligations) for exceeding its Quarterly Obligations in a Contract Quarter. 5.4 The Economic Development Performance Deductions and Economic Development Performance Credits will be reconciled in terms of paragraph 8.1.4 of this Schedule 7 (Economic Development Obligations).

Economic Development Elements. 5.1 The Economic Development requirements to be met by the Seller and its Contractors in the Construction Measurement Period and the Operating Measurement Period are contained in this Schedule 7 2 (Economic Development Obligations). 5.2 Quarterly Obligations will:will:‌ 5.2.1 in the case of Job Creation, be the percentage and quantum values for each Contract Quarter as expressed in Annex 10 (Quarterly Obligations) of this Schedule 2 (Economic Development Obligations); and 5.2.2 in the case of Economic Development Elements other than Job Creation ("Other ED Elements"), be the percentage as expressed in Annex 10 (Quarterly Obligations) of this Schedule 7 2 (Economic Development Obligations). The quantum values indicated in Annex 10 (Quarterly Obligations) in respect of these Other ED Elements are only indicative of the extent of projected quantum achievement, based on the Seller’s forecasts. 5.3 The Seller will: 5.3.1 be measured for compliance with the Economic Development Sub-Sub- Elements; 5.3.2 have Economic Development Performance Deductions levied in terms of paragraph 8.1 of this Schedule 7 2 (Economic Development Obligations) for not meeting its Quarterly Obligations in a Contract Quarter; 5.3.3 be subject to termination based on Termination Points as contemplated in clause 13.2 (Termination Points); 5.3.4 be monitored for compliance with the Quarterly Obligations; and 5.3.5 be awarded Economic Development Performance Credits in terms of paragraph 8.1 of this Schedule 7 2 (Economic Development Obligations) for exceeding its Quarterly Obligations in a Contract Quarter. 5.4 The Economic Development Performance Deductions and Economic Development Performance Credits will be reconciled in terms of paragraph 8.1.4 of this Schedule 7 2 (Economic Development Obligations). 5.5 Economic Development in the Early Operating Period 5.5.1 Sellers who deliver Early Operating Energy to the Buyer will be entitled to undertake initiatives in the Early Operating Period in respect of Enterprise Development and Socio-Economic Development Elements. 5.5.2 The DoE shall recognise any contributions to Enterprise Development and Socio-Economic Development made by the Seller in the Early Operating Period as part of the contributions in the first 5.5.3 In order for the Department to recognise such contributions, the Seller shall: 5.5.3.1 notify the Department of its intention to undertake Enterprise Development and/or Socio-Economic Development initiatives in the Early Operating Period prior to the commencement of such period; 5.5.3.2 submit reports on the progress made in respect of contributions made in relation to Enterprise Development and/or Socio- Economic Development in the Early Operating Period. These reports are to be submitted in addition to the Economic Development quarterly reports due in the Construction Measurement Period, together with such Construction Measurement Period Economic Development quarterly reports; and 5.5.3.3 submit, as part of the first Contract Quarter of the Operating Measurement Period, details of any contributions made to Enterprise Development and/or Socio-Economic Development in the Early Operating Period, which shall consolidate all of the progress reports submitted in respect of the Early Operating Period.

Economic Development Elements. 5.1 The Economic Development requirements to be met by the Seller and its Contractors in the Construction Measurement Period and the Operating Measurement Period are contained in this Schedule 7 (Economic Development Obligations). 5.2 Quarterly Obligations will: 5.2.1 in the case of Job Creation, be the percentage and quantum values for each Contract Quarter as expressed in Annex 10 (Quarterly Obligations) of this Schedule 2 (Economic Development Obligations); and 5.2.2 in the case of Economic Development Elements other than Job Creation ("Other ED Elements"), be the percentage as expressed in Annex 10 (Quarterly Obligations) of this Schedule 7 (Economic Development Obligations). The quantum values indicated in Annex 10 (Quarterly Obligations) in respect of these Other ED Elements are only indicative of the extent of projected quantum achievement, based on the Seller’s forecasts. 5.3 The Seller will: 5.3.1 be measured for compliance with the Economic Development Sub-Elements; 5.3.2 have Economic Development Performance Deductions levied in terms of paragraph 8.1 of this Schedule 7 (Economic Development Obligations) for not meeting its Quarterly Obligations in a Contract Quarter; 5.3.3 be subject to termination based on Termination Points as contemplated in clause 13.2 (Termination Points); 5.3.4 be monitored for compliance with the Quarterly Obligations; and 5.3.5 be awarded Economic Development Performance Credits in and terms of paragraph 8.1 of this Schedule 7 (Economic Development Obligations) for exceeding its Quarterly Obligations in a Contract Quarter. 5.4 The Economic Development Performance Deductions and Economic Development Performance Credits will be reconciled in terms of paragraph 8.1.4 of this Schedule 7 (Economic Development Obligations).

Economic Development Elements. 5.1 The Economic Development requirements to be met by the Seller and its Contractors in the Construction Measurement Period and the Operating Measurement Period are contained in this Schedule 7 2 (Economic Development Obligations). 5.2 Quarterly Obligations will:will:‌ 5.2.1 in the case of Job Creation, be the percentage and quantum values for each Contract Quarter as expressed in Annex 10 (Quarterly Obligations) of this Schedule 2 (Economic Development Obligations); and 5.2.2 in the case of Economic Development Elements other than Job Creation ("Other ED Elements"), be the percentage as expressed in Annex 10 (Quarterly Obligations) of this Schedule 7 2 (Economic Development Obligations). The quantum values indicated in Annex 10 (Quarterly Obligations) in respect of these Other ED Elements are only indicative of the extent of projected quantum achievement, based on the Seller’s forecasts. 5.3 The Seller will: 5.3.1 be measured for compliance with the Economic Development Sub-Sub- Elements; 5.3.2 have Economic Development Performance Deductions levied in terms of paragraph 8.1 of this Schedule 7 2 (Economic Development Obligations) for not meeting its Quarterly Obligations in a Contract Quarter; 5.3.3 be subject to termination based on Termination Points as contemplated in clause 13.2 (Termination Points); 5.3.4 be monitored for compliance with the Quarterly Obligations; and 5.3.5 be awarded Economic Development Performance Credits in terms of paragraph 8.1 of this Schedule 7 2 (Economic Development Obligations) for exceeding its Quarterly Obligations in a Contract Quarter. 5.4 The Economic Development Performance Deductions and Economic Development Performance Credits will be reconciled in terms of paragraph 8.1.4 of this Schedule 7 2 (Economic Development Obligations).