Common use of INTERFACE POINTS Clause in Contracts

INTERFACE POINTS. The Coke tie-point is located at the #3 Transfer Tower at the northeastern boundary of the site, shall be in general accordance with the following: • Tie-Point Coordinates: ***** SCHEDULE 1.11 Fixed Price Component (Adjustment Period) Effective Date in year of Passage of Repeal of Section 199 Production Activities Deduction under the Code $***** 2009 (Adjustment Period = effective date through the remainder of the Term) $***** 2010 (Adjustment Period = effective date through the remainder of the Term) $***** 2011 (Adjustment Period = effective date through the remainder of the Term) $***** 2012 (Adjustment Period = effective date through the remainder of the Term) $***** 2013 (Adjustment Period = effective date through the remainder of the Term) $***** 2014 (Adjustment Period = effective date through the remainder of the Term) $***** 2015 (Adjustment Period = effective date through the remainder of the Term) $***** 2016 (Adjustment Period = effective date through the remainder of the Term) $***** 2017 (Adjustment Period = effective date through the remainder of the Term) $***** 2018 (Adjustment Period = effective date through the remainder of the Term) $***** 2019 (Adjustment Period = effective date through the remainder of the Term) $***** 2020 (Adjustment Period = effective date through the remainder of the Term) $***** 2021 (Adjustment Period = effective date through the remainder of the Term) $***** 2022 (Adjustment Period = effective date through the remainder of the Term) $***** 2023 (Adjustment Period = effective date through the remainder of the Term) $***** 2024 (Adjustment Period = effective date through the remainder of the Term) $***** 2025 (Adjustment Period = effective date through the remainder of the Term) $***** 2026 (Adjustment Period = effective date through the remainder of the Term) Fixed Price Component (Adjustment Period) Effective Date in year subsequent to passage of Repeal of Section 199 Production Activities Deduction under the Code. $***** 2009 (Adjustment Period = effective date through the remainder of the Term) $***** 2010 (Adjustment Period = effective date through the remainder of the Term) $***** 2011 (Adjustment Period = effective date through the remainder of the Term) $***** 2012 (Adjustment Period = effective date through the remainder of the Term) $***** 2013 (Adjustment Period = effective date through the remainder of the Term) $***** 2014 (Adjustment Period = effective date through the remainder of the Term) $***** 2015 (Adjustment Period = effective date through the remainder of the Term) $***** 2016 (Adjustment Period - effective date through the remainder of the Term) $***** 2017 (Adjustment Period - effective date through the remainder of the Term) $***** 2018 (Adjustment Period = effective date through the remainder of the Term) $***** 2019 (Adjustment Period = effective date through the remainder of the Term) $***** 2020 (Adjustment Period = effective date through the remainder of the Term) $***** 2021 (Adjustment Period = effective date through the remainder of the Term) $***** 2022 (Adjustment Period = effective date through the remainder of the Term) $***** 2023 (Adjustment Period = effective date through the remainder of the Term) $***** 2024 (Adjustment Period = effective date through the remainder of the Term) $***** 2025 (Adjustment Period = effective date through the remainder of the Term) $***** 2026 (Adjustment Period = effective date through the remainder of the Term) Note; Table I applies if the tax rate change is effective in the same year as the law changing the tax rate is passed, Table II applies if the tax rate change is effective in the year following the year in which the law changing the tax rate is passed. SCHEDULE 3.1(b)(ii) 5. Principal and Interest Calculation Summary Interest Calculation Detail Example: Example:

INTERFACE POINTS. The Coke tie-point is located at the #3 Transfer Tower at the northeastern boundary of the site, shall be in general accordance with the following: • Tie-Point Coordinates: ***** SCHEDULE 1.11 Schedule 3.1(b)(ii) Adjustment to Fixed Price Component Table I Fixed Price Component (Adjustment Period) Effective Date in year of Passage of Repeal of Section 199 Production Activities Deduction under the Code $***** 2009 (Adjustment Period = effective date through the remainder of the Term) $***** 2010 (Adjustment Period = effective date through the remainder of the Term) $***** 2011 (Adjustment Period = effective date through the remainder of the Term) $***** 2012 (Adjustment Period = effective date through the remainder of the Term) $***** 2013 (Adjustment Period = effective date through the remainder of the Term) $***** 2014 (Adjustment Period = effective date through the remainder of the Term) $***** 2015 (Adjustment Period = effective date through the remainder of the Term) $***** 2016 (Adjustment Period = effective date through the remainder of the Term) $***** 2017 (Adjustment Period = effective date through the remainder of the Term) $***** 2018 (Adjustment Period = effective date through the remainder of the Term) $***** 2019 (Adjustment Period = effective date through the remainder of the Term) $***** 2020 (Adjustment Period = effective date through the remainder of the Term) $***** 2021 (Adjustment Period = effective date through the remainder of the Term) $***** 2022 (Adjustment Period = effective date through the remainder of the Term) $***** 2023 (Adjustment Period = effective date through the remainder of the Term) $***** 2024 (Adjustment Period = effective date through the remainder of the Term) $***** 2025 (Adjustment Period = effective date through the remainder of the Term) $***** 2026 (Adjustment Period = effective date through the remainder of the Term) Table II Fixed Price Component (Adjustment Period) Effective Date in year subsequent to passage of Repeal of Section 199 Production Activities Deduction under the Code. $***** 2009 (Adjustment Period = effective date through the remainder of the Term) $***** 2010 (Adjustment Period = effective date through the remainder of the Term) $***** 2011 (Adjustment Period = effective date through the remainder of the Term) $***** 2012 (Adjustment Period = effective date through the remainder of the Term) $***** 2013 (Adjustment Period = effective date through the remainder of the Term) $***** 2014 (Adjustment Period = effective date through the remainder of the Term) $***** 2015 (Adjustment Period = effective date through the remainder of the Term) $***** 2016 (Adjustment Period - effective date through the remainder of the Term) $***** 2017 (Adjustment Period - effective date through the remainder of the Term) $***** 2018 (Adjustment Period = effective date through the remainder of the Term) $***** 2019 (Adjustment Period = effective date through the remainder of the Term) $***** 2020 (Adjustment Period = effective date through the remainder of the Term) $***** 2021 (Adjustment Period = effective date through the remainder of the Term) $***** 2022 (Adjustment Period = effective date through the remainder of the Term) $***** 2023 (Adjustment Period = effective date through the remainder of the Term) $***** 2024 (Adjustment Period = effective date through the remainder of the Term) $***** 2025 (Adjustment Period = effective date through the remainder of the Term) $***** 2026 (Adjustment Period = effective date through the remainder of the Term) Note; Table I applies if the tax rate change is effective in the same year as the law changing the tax rate is passed, Table II applies if the tax rate change is effective in the year following the year in which the law changing the tax rate is passed. SCHEDULE 3.1(b)(ii)Schedule 3.1(b)(iii) Hypothetical Calculation of Amounts Due as of the Adjustment Date Pursuant to Schedule 3.1(b)(iii) Quarterly Calculation Sample Calculation of Repayment of Sec 48B tax credit value by Off-Taker Assumption 1. The Plant is placed in service during December 2009. 2. The assessment of the forfeiture occurs during December 2012. 3. The IRS quarterly Interest rate for large corporate underpayments is applicable. 4. No penalties or fines apply in respect of the forfeiture of the Section 48B Credit. 5. The Coke Tonnage accepted by Off-Taker from December 2009 through December 2012 is set forth in the Interest Calculation Summary herein. Principal and Interest Calculation Summary Interest Calculation Detail ***** Schedule 3.1(c)(i) Initial O&M Component Adjustment Factor Initial O&M Component during the Initial Operating Period and Initial Year is the product of $***** per Ton of Coke and the Initial O&M Component adjustment factor of 1+ A, where: A = ***** Example: Assuming the Initial Operating Period commences as of September 2009, that indexes published as of the Month during which such Initial Operating Period commences have been determined as of March 2009, and that: ***** Then “A” equals: ***** Adjustment Factor = (1+ A) = ***** Initial O&M Component ***** = $***** per Ton of Coke Schedule 3.1(c)(iv) Adjustment Factor for the O&M Component Limit O&M Component Limit for Year X is the product of $***** and the adjustment factor of (1+ A). “A” is determined in the following manner: A= ***** Example:: Assume that: ***** Then “A” equals: ***** Adjustment Factor = (1+ A) = ***** O&M Component Limit for Contract Year 2012 *****= $***** per Ton of Coke Schedule 3.1(c)(xi) [Examples for calculation of payments and credits] ****** 3.1 Schedule 3.3(b) Minimum Insurance Coverages and Maximum Deductibles Coverage Maximum Deductible Minimum Coverage Amount Workers’ Compensation ***** ***** Employers’ Liability ***** ***** Commercial Liability ***** ***** Automobile Liability ***** ***** Property ***** ***** Business Interruption ***** ***** SCHEDULE 3.6(h) Final invoice Format • The following tabs are based on two major contract issues. • Invoices must be created by the Provider on the third business day before the end of each month prior to 12pm CST. • Prior month adjustments must be reported by the Provider to the Off-Taker on the 15th of each month. • Quantities for the above invoices and adjustments should all be actual based on meters and scales with exception for unusual situations. (No estimates for a normal month.) • The quantities for the third business day before the end of each month thru the final meter or scale readings at the end of the month become: • The unbilled receivable quantities for the Provider. • The unaudited liability quantities for the Off-Taker. • Unless an inter-company balance is required, each of the above can calculate dollars as they deem best. • The ‘Inv prep data Input’ and ‘coke price data input’ tabs are setup to provide easy data Input. • Provides a choice of setting up individual tabs for each month of invoices and 15th prior adjustment memos, or allows a simple macro to be setup to prepare the invoice and 15th prior adjustment memo by selecting the month for preparation. • This also provides visual trends. • The spreadsheet would be sent to the Off-taker with each invoice and 15th adjustment. • The Inv prep data input’ tab currently is set up to use quantities based on meter or scale measurements. • Once the demo would move to production, fields could be added for the actual readings, and the spreadsheet could calculate the final numbers to be used to prepare the invoice.