Common use of [For all Projects except Projects with a High Hazard Fuel Requirement Clause in Contracts

[For all Projects except Projects with a High Hazard Fuel Requirement. [Seller hereby represents, warrants, and covenants to Buyer that, throughout the Delivery Term, at least eighty percent (80%) of Fuel Use, measured in mmBTU, during each Contract Year shall be from the Fuel Resource Category identified in Section A(i) of the Cover Sheet, and no more than twenty percent (20%) of such Fuel Use shall be from one of the other Fuel Resource Categories; provided, that if Seller has elected to use Category 2 (Dairy) as the Facility’s fuel resource, Seller shall not use any other Fuel Resource Category at the Facility; provided further that all fuel used by the Facility shall meet the definition of a Fuel Resource Category as defined in this Agreement (the “Fuel Resource Requirements”). Seller shall operate the Facility in compliance with the Fuel Source Requirements during each Contract Year.] [For all Projects with a High Hazard Fuel Requirement] [Seller hereby represents, warrants, and covenants to Buyer that, throughout the Delivery Term, at least eighty percent (80%) of Fuel Use, measured in Bone Dry Tons, that is delivered to the Facility and used by the Facility during each Calendar Year shall be from Fuel Resource Category 3 as identified in Section A(i) of the Cover Sheet, and no more than twenty percent (20%) of the remaining Fuel Use shall be from one of the other Fuel Resource Categories (“Fuel Resource Requirements”), as measured pursuant to Appendix L. Sixty percent (60%) of of Fuel Use, measured in Bone Dry Tons, that is delivered to the Facility and used by the Facility during each Calendar Year, shall be from High Hazard Fuel, as measured pursuant to Appendix L (“High Hazard Fuel Requirement”). Seller shall operate the Facility in compliance with both the Fuel Resource Requirements and the High Hazard Fuel Requirement during each Calendar Year.]

[For all Projects except Projects with a High Hazard Fuel Requirement. [Seller hereby represents, warrants, and covenants to Buyer that, on an annual basis throughout the Delivery Term, at least eighty percent (80%) of Fuel Use, measured in mmBTU, during each Contract Year shall be from the Fuel Resource Category identified in Section A(i) of the Cover Sheet, and no more than twenty percent (20%) of such Fuel Use shall be from one of the other Fuel Resource Categories; provided, that if Seller has elected to use Category 2 (Dairy) as the Facility’s fuel resource, Seller shall not use any other Fuel Resource Category at the Facility; provided further that all fuel used by the Facility shall meet the definition of a Fuel Resource Category as defined in this Agreement (the “Fuel Resource Requirements”). Seller further covenants that Fuel Use shall not include natural gas or Common Carrier Pipeline Biomethane that is not Eligible Directed Biogas. Seller shall operate the Facility in compliance with the Fuel Source Resource Requirements during each Contract Year.] [For all Projects with a High Hazard Fuel Requirement] [Seller hereby represents, warrants, and covenants to Buyer that, throughout the Delivery Term, at least eighty percent (80%) of Fuel Use, measured in Bone Dry Tons, that is delivered to the Facility and used by the Facility during each Calendar Year shall be from Fuel Resource Category 3 as identified in Section A(i) of the Cover Sheet, and no more than twenty percent (20%) of the remaining Fuel Use shall be from one of the other Fuel Resource Categories (“Fuel Resource Requirements”), as measured pursuant to Appendix L. Sixty percent (60%) of of Fuel Use, measured in Bone Dry Tons, that is delivered to the Facility and used by the Facility during each Calendar Year, shall be from High Hazard Fuel, as measured pursuant to Appendix L (“High Hazard Fuel Requirement”). Seller shall operate the Facility in compliance with both the Fuel Resource Requirements and the High Hazard Fuel Requirement during each Calendar Year.]