Common use of End of Service Life Clause in Contracts

End of Service Life. 10.11.1. At the end of the Comprehensive Agreement term, including any extensions, for any SPRS which APS does not elect to retain for self-operation, the Contractor is responsible for decommissioning and removing the SPRS from all Facilities and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal. If any Lease term is for a duration shorter than the term of the Comprehensive Agreement, if at the end of the Lease Term APS does not elect to retain the SPRS for self-operation the Contractor shall be responsible for decommissioning and removing the SPRS from the Facility and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal at no cost to APS. 10.11.2. At the sole discretion of APS, APS may negotiate with the Contractor an extension of the Comprehensive Agreement and any Modifications thereto and any Lease by Change Order for the operation and maintenance of the SPRS and the provision of electric power to APS. 10.11.3. At the sole discretion of APS, APS may at any time terminate the Contract or any Lease, either or both, at its convenience prior to expiration of the Contract term or the Lease term and may elect to purchase any one or more of the SPRSs in their operational state at a price calculated as set forth below: Year 8 Year 16 Year 25 Kenmore ES $603,148.84 $411,957.48 $83,200.73 Tuckahoe ES $24,591.32 $16,796.15 $3,392.22 WLHS $1,116,580.72 $762,637.27 $154,025.55 Jefferson MS $426,684.59 $291,430.41 $58,858.56 Fleet ES $608,116.15 $415,350.21 $83,885.94

End of Service Life. 10.11.1. At the end of the Comprehensive Agreement term, including any extensions, for any SPRS which APS does not elect to retain for self-operation, the Contractor is responsible for decommissioning and removing the SPRS from all Facilities and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal. If any Lease term is for a duration shorter than the term of the Comprehensive Agreement, if at the end of the Lease Term APS does not elect to retain the SPRS for self-operation the Contractor shall be responsible for decommissioning and removing the SPRS from the Facility and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal at no cost to APS. 10.11.2. At the sole discretion of APS, APS may negotiate with the Contractor an extension of the Comprehensive Agreement and any Modifications thereto and any Lease by Change Order for the operation and maintenance of the SPRS and the provision of electric power to APS. 10.11.3. At the sole discretion of APS, APS may at any time terminate the Contract or any Lease, either or both, at its convenience prior to expiration of the Contract term or the Lease term and may elect to terminate the Contract or Lease or both as to any Facility or Facilities and purchase any one or more of the SPRSs SPRS in their operational state at a price calculated as set forth below: Year 8 Year 16 Year 25 Kenmore ES $603,148.84 $411,957.48 $83,200.73 Tuckahoe ES $24,591.32 $16,796.15 $3,392.22 WLHS $1,116,580.72 $762,637.27 $154,025.55 Jefferson MS $426,684.59 $291,430.41 $58,858.56 Fleet ES $608,116.15 $415,350.21 Xxxx XX $83,885.94584,482.89 $373,691.44 Abingdon ES $438,174.35 $280,148.50 XxXxxxxx XX $205,652.45 $131,484.70 Xxxxxxxxx XX $479,474.55 $306,553.95

End of Service Life. 10.11.1. At the end of the Comprehensive Agreement term, including any extensions, for any SPRS which APS does not elect to retain for self-operation, the Contractor is responsible for decommissioning and removing the SPRS from all Facilities and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal. If any Lease term is for a duration shorter than the term of the Comprehensive Agreement, if at the end of the Lease Term APS does not elect to retain the SPRS for self-operation the Contractor shall be responsible for decommissioning and removing the SPRS from the Facility and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal at no cost to APS. 10.11.2. At the sole discretion of APS, APS may negotiate with the Contractor an extension of the Comprehensive Agreement and any Modifications thereto and any Lease by Change Order for the operation and maintenance of the SPRS and the provision of electric power to APS. 10.11.3. At the sole discretion of APS, APS may at any time terminate the Contract or any Lease, either or both, at its convenience prior to expiration of the Contract term or the Lease term and may elect to terminate the Contract or Lease or both as to any Facility or Facilities and purchase any one or more of the SPRSs SPRS in their operational state at a price calculated as set forth below: Year 8 Year 16 Year 25 Kenmore ES $603,148.84 $411,957.48 $83,200.73 Tuckahoe ES $24,591.32 $16,796.15 $3,392.22 WLHS $1,116,580.72 $762,637.27 $154,025.55 Jefferson Xxxxxxxxx MS $426,684.59 $291,430.41 $58,858.56 Fleet ES $608,116.15 $415,350.21 ReedCardinal ES $83,885.94584,482.89 $373,691.44 Abingdon ES $438,174.35 $280,148.50 XxXxxxxx XX $205,652.45 $131,484.70 Xxxxxxxxx XX $479,474.55 $306,553.95

End of Service Life. 10.11.1. At the end of the Comprehensive Agreement term, including any extensions, for any SPRS which APS does not elect to retain for self-operation, the Contractor is responsible for decommissioning and removing the SPRS from all Facilities and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal. If any Lease term is for a duration shorter than the term of the Comprehensive Agreement, if at the end of the Lease Term APS does not elect to retain the SPRS for self-operation the Contractor shall be responsible for decommissioning and removing the SPRS from the Facility and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal at no cost to APS. 10.11.2. At the sole discretion of APS, APS may negotiate with the Contractor an extension of the Comprehensive Agreement and any Modifications thereto and any Lease by Change Order for the operation and maintenance of the SPRS and the provision of electric power to APS. 10.11.3. At the sole discretion of APS, APS may at any time terminate the Contract or any Lease, either or both, at its convenience prior to expiration of the Contract term or the Lease term and may elect to terminate the Contract or Lease or both as to any Facility or Facilities and purchase any one or more of the SPRSs SPRSsSPRS in their operational state at a price calculated as set forth below: Year 8 Year 16 Year 25 Kenmore ES $603,148.84 $411,957.48 $83,200.73 Tuckahoe ES $24,591.32 $16,796.15 $3,392.22 WLHS $1,116,580.72 $762,637.27 $154,025.55 Jefferson Xxxxxxxxx MS $426,684.59 $291,430.41 $58,858.56 Fleet ES $608,116.15 $415,350.21 $83,885.94415,350.21

End of Service Life. 10.11.1. At the end of the Comprehensive Agreement term, including any extensions, for any SPRS which APS does not elect to retain for self-operation, the Contractor is responsible for decommissioning and removing the SPRS from all Facilities and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal. If any Lease term is for a duration shorter than the term of the Comprehensive Agreement, if at the end of the Lease Term APS does not elect to retain the SPRS for self-operation the Contractor shall be responsible for decommissioning and removing the SPRS from the Facility and restoring to its pre-Project condition all elements of the Facility affected by the installation or removal at no cost to APS. 10.11.2. At the sole discretion of APS, APS may negotiate with the Contractor an extension of the Comprehensive Agreement and any Modifications thereto and any Lease by Change Order for the operation and maintenance of the SPRS and the provision of electric power to APS. 10.11.3. At the sole discretion of APS, APS may at any time terminate the Contract or any Lease, either or both, at its convenience prior to expiration of the Contract term or the Lease term and may elect to terminate the Contract or Lease or both as to any Facility or Facilities and purchase any one or more of the SPRSs SPRS in their operational state at a price calculated as set forth below: Year 8 Year 16 Year 25 Kenmore ES $603,148.84 $411,957.48 $83,200.73 Tuckahoe ES $24,591.32 $16,796.15 $3,392.22 WLHS $1,116,580.72 $762,637.27 $154,025.55 Jefferson Xxxxxxxxx MS $426,684.59 $291,430.41 $58,858.56 Fleet ES $608,116.15 $415,350.21 Cardinal ES $83,885.94584,482.89 $373,691.44 Abingdon ES $438,174.35 $280,148.50