Common use of NERC Reliability Standards Clause in Contracts

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. Each Progress Report must include the following items: Executive Summary. Site plan of the Facility. Description of any material planned changes to the Facility or the site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarter, including any OSHA labor hour reports. Forecast of activities scheduled for the current calendar quarter or month as applicable. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that are likely to potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. The utilization of union labor by Xxxxxx’s principal EPC contractor. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Any other documentation reasonably requested by Xxxxx. The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. Available Generating Capacity (in MWh) – [Insert Month] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. In accordance with Section 4.7, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = the replacement price for the Performance Measurement Period, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point, plus (b) the market value of Replacement Green Attributes, as determined by Buyer in a commercially reasonable manner. D = the Contract Price for the Contract Year, in $/MWh

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. Each Progress Report must include the following items: Executive Summary. Site plan of the Facility. Description of any material planned changes to the Facility or the site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarter, including any OSHA labor hour reports. Forecast of activities scheduled for the current calendar quarter or month as applicable. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that are likely to potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. The utilization of union labor by Xxxxxx’s principal EPC contractor. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Any other documentation reasonably requested by Xxxxx. The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. Available Generating Capacity (in MWh) – [Insert Month] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is following tables are provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. In accordance with Section 4.7, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = the replacement price for the Performance Measurement Period, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point, plus (b) the market value of Replacement Green Attributes, as determined by Buyer in a commercially reasonable manner. D = the Contract Price Renewable Rate for the Contract Year, in $/MWh

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. Each Progress Report must include the following items: Executive Summary. Site plan of the Facility. Description of any material planned changes to the Facility or the site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarter, including any OSHA labor hour reports. Forecast of activities scheduled for the current calendar quarter or month as applicable. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that are likely to potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. The utilization of union labor by Xxxxxx’s principal EPC contractor. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Any other documentation reasonably requested by Xxxxx. The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. Available Generating Capacity (in MWh) – [Insert Month] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is following tables are provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. In accordance with Section 4.7, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = the replacement price for the Performance Measurement Period, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point, plus (b) the market value of Replacement Green Attributes, as determined by Buyer in a commercially reasonable mannerAttributes only. D = the Contract Price Renewable Rate for the Contract Year, in $/MWh

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. Each Progress Report must include the following items: Executive Summary. Site plan of the Facility. Description of any material planned changes to the Facility or the site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarter, including any OSHA labor hour reports. Forecast of activities scheduled for the current calendar quarter or month as applicable. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that are likely to potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. The utilization of union labor by Xxxxxx’s principal EPC contractor. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Any other documentation reasonably requested by Xxxxx. This certification (“Certification”) of Commercial Operation is delivered by [licensed professional engineer] (“Engineer”) to [East Bay Community Energy Authority, a California joint powers authority][City of San Xxxx, a municipal corporation] (“Buyer”) in accordance with the terms of that certain Energy Storage Service Agreement dated [Date] by and between [Entity name, state of formation, type of entity] (“Seller”) and Buyer (“Agreement”). All capitalized terms used in this Certification but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. As of [Date], Engineer hereby certifies and represents to Buyer the following: The foregoing table Facility is provided for informational purposes onlyfully operational, and it shall not constituteinterconnected, or be deemed to constitute, an obligation fully integrated and synchronized with the Transmission System. Seller has installed equipment for the Facility with a nameplate capacity of any no less than ninety-five percent (95%) of the Parties Storage Contract Capacity. Seller has commissioned all Facility equipment in accordance with its respective manufacturer’s specifications. Seller has demonstrated functionality of the Facility’s communication systems and automatic generation control (AGC) interface to operate the Facility as necessary to respond and follow instructions, including an electronic signal conveying real time and intra-day instructions, directed by the Buyer in accordance with the Agreement and the CAISO. The Facility is fully capable of charging, storing and discharging energy up to no less than ninety-five percent (95%) of the Storage Contract Capacity and receiving instructions to charge, store and discharge energy, all within the operational constraints and subject to the applicable Operating Restrictions. Authorization to parallel the Facility was obtained from the Participating Transmission Owner. The Transmission Provider has provided documentation supporting full unrestricted release for Commercial Operation. The PTO has provided notification supporting Commercial Operation, in accordance with the PTO Tariff, as applicable. Seller shall have caused the Facility to be included in the Full Network Model and has the ability to offer Bids into the CAISO Day-Ahead Market and Real-Time Market. EXECUTED by [LICENSED PROFESSIONAL ENGINEER] this ________ day of _____________, 20__. [LICENSED PROFESSIONAL ENGINEER] Printed Name: Title: This certification (“Certification”) of Installed Capacity is delivered by [licensed professional engineer] (“Engineer”) to [East Bay Community Energy Authority, a California joint powers authority][City of San Xxxx, a municipal corporation] (“Buyer”) in accordance with the terms of that certain Energy Storage Service Agreement dated [Date] by and between [Entity name, state of formation, type of entity] (“Seller”) and Buyer (“Agreement”). All capitalized terms used in this Certification but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. Available Generating I hereby certify the following: The Storage Capacity Test demonstrated a maximum operating capability that can be sustained for four (4) consecutive hours to discharge electric energy of __ MWAC to the Delivery Point, in MWhaccordance with the testing procedures, requirements and protocols set forth in Section 4.9 and Exhibit O (the “Installed Battery Capacity”). EXECUTED by [LICENSED PROFESSIONAL ENGINEER] this ________ day of _____________, 20__. [LICENSED PROFESSIONAL ENGINEER] Printed Name: Title: This certification of Construction Start Date (“Certification”) – is delivered by [Insert MonthEntity name, state of formation, type of entity] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is provided for informational purposes only(“Seller”) to [East Bay Community Energy Authority, a California joint powers authority][City of San Xxxx, a municipal corporation] (“Buyer”) in accordance with the terms of that certain Energy Storage Service Agreement dated [Date] by and it between Seller and Buyer (“Agreement”). All capitalized terms used in this Certification but not otherwise defined herein shall not constitute, or be deemed have the respective meanings assigned to constitute, an obligation of any of such terms in the Parties to this Agreement. In accordance with Section 4.7, if Seller fails hereby certifies and represents to achieve Buyer the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as followsfollowing: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = the replacement price for the Performance Measurement Period, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub Construction Start (as defined in Exhibit B of the CAISO TariffAgreement) for has occurred, and a copy of the Delivery Pointnotice to proceed that Seller issued to its contractor as part of Construction Start is attached hereto; the Construction Start Date occurred on _____________ (the “Construction Start Date”); and the precise Site on which the Facility is located is, plus (b) which must be within the market value boundaries of Replacement Green Attributes, as determined by Buyer in a commercially reasonable manner. D = the Contract Price for the Contract Year, in $/MWhpreviously identified Site: _________________________________________.

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. EXHIBIT E: PROGRESS REPORTING FORM Each Progress Report must include the following items, highlighting incremental progress or changes from the previous Progress Report: Executive Summary. Site plan summary of progress made during the Facility. Description of any material planned changes to the Facility or the siteProgress Report period. Xxxxx chart schedule showing progress on major steps to achieving each of the Milestones. Summary Status and summary of activities during the previous calendar quarterProgress Report period and forecast of expected activities scheduled for the next Progress Report period, including the following: Project financing; Property acquisition; Government Approvals, including environmental review process, use permit, building permit, and any other necessary permits; include public hearing dates and attendance information; Interconnection work, including next interconnection milestone and date; Equipment procurement and supply agreements; Construction, including the EPC contract and any OSHA labor hour reports; and Startup and commissioning. Forecast Remedial Action Plan (if required per Section 2.4). Description of activities scheduled any planned material changes to the Facility or the site that Xxxxx has not otherwise been made aware of by Seller. Project Viability Scores for CPUC Filings (select one from each of the current calendar quarter following): Viability Reasonableness 4 – Interconnection studies complete and agreement signed consistent with reported COD; permitting application complete; 3 – Interconnection Phase II study complete; permitting application approved; these support reported COD; 2 – Interconnection Phase II study in progress; permitting application in progress; LSE has plan that supports reported COD; or month as applicable1 – Interconnection Phase II study not begun. Written description about Technical Feasibility 3 – Project-specific independent engineering assessment is complete and supports the progress relative delivery profile (capacity and/or production) and Project uses commercialized technology; 2 – Project will use a commercialized technology solution that is currently in use at a minimum of two operating facilities of similar or larger size; or 1 – Project uses neither commercialized technology nor has project specific engineering assessment. Financing and Site Control 5 – All financing secured; 4 – Partial financing secured; 3 – Seeking financing; 2 – Project has site control but not yet seeking financing; 1 – Project does not yet have site control; or N/A – No financing required. Photos, in sufficient quantity and of appropriate detail, in order to Xxxxxx’s Milestonesdocument interconnection, including whether Seller has met or is on target to meet the Milestonesconstruction and startup progress. List Upon commencement of issues that are likely to potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-upTest Energy deliveries, a report on Facility performance including performance projections for the next twelve (12) months. The utilization of union labor by Xxxxxx’s principal EPC contractor. Progress Compliance with workforce and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility servicesprevailing wage requirements. Any other documentation reasonably requested by Xxxxx. EXHIBIT F-1: AVERAGE EXPECTED ENERGY The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. EXHIBIT F-2: AVAILABLE GENERATING CAPACITY [Available Generating Capacity (in MWh) Capacity, MWh Per Hour] – [Insert Month] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. EXHIBIT G: GUARANTEED ENERGY PRODUCTION DAMAGES CALCULATION In accordance with Section 4.7, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement PeriodMeasurement, in MWh C = the replacement Replacement price for the Performance Measurement PeriodContract Year, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point, plus (b) the market value of Replacement Green Attributes, as determined by Buyer in a commercially reasonable manner. Attributes D = the Contract Price Generation Rate for the Contract Year, in $/MWh/MWh The Parties agree that in the above calculation of Guaranteed Energy Production Damages, if the result of “(C-D)” is less than $20/MWh, then “(C-D)” will be replaced with $20/MWh. The Parties also agree that in the above calculation of Guaranteed Energy Production Damages, if the result of “(C-D)” is more than $50/MWh, the “(C-D)” will be replaced with $50/MWh.

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. EXHIBIT E Each Progress Report must include the following items: Executive Summary. Site plan of the Facility. Description of any material planned changes to the Facility or the site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarterquarter or month, as applicable, including any OSHA labor hour reports. Forecast of activities scheduled for the current calendar quarter or month as applicablequarter. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that are likely to potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. The utilization Prevailing wage reports as required by Law. Status of union labor by Xxxxxxworkforce development efforts, including whether and to what extent the project has employed individuals who reside in EBCE’s principal EPC contractorservice area. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Supplier Diversity Reporting (if applicable). Format to be provided by Buyer. Any other non-proprietary documentation reasonably requested by Xxxxx. EXHIBIT F-1 The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. EXHIBIT F-2 [Available Generating Capacity (in MWh) Capacity, MWh Per Hour] – [Insert Month] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. EXHIBIT G In accordance with Section 4.7, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = the replacement Replacement price for the Performance Measurement Period, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point, plus (b) the market value of Replacement Green AttributesAttributes generated by the Facility during the Performance Measurement Period, as determined by Buyer in a commercially reasonable manner. D = the Contract Price for the Contract YearPerformance Measurement Period, in $/MWh

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. EXHIBIT E: PROGRESS REPORTING FORM Each Progress Report must include the following items, highlighting incremental progress or changes from the previous Progress Report: Executive Summary. Facility description. Site plan of the Facility. Description of any material planned changes to the Facility or the site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarterquarter or month, as applicable, including any OSHA labor hour reports. Forecast of activities scheduled for the current calendar quarter or month as applicable. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that are likely to potentially affect Seller’s Milestonesquarter. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. The utilization of union labor by Xxxxxx’s principal EPC contractor. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Any other documentation reasonably requested by Xxxxx. EXHIBIT F-1: AVERAGE EXPECTED ENERGY The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. EXHIBIT F-2: AVAILABLE GENERATING CAPACITY [Available Generating Capacity (in MWh) Capacity, MWh Per Hour] – [Insert Month] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. EXHIBIT G: GUARANTEED ENERGY PRODUCTION DAMAGES CALCULATION In accordance with Section 4.7, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement PeriodMeasurement, in MWh C = the replacement Replacement price for the Performance Measurement PeriodContract Year, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point, plus (b) the market value of Replacement Green Attributes, as determined by Buyer in a commercially reasonable manner. Attributes D = the Contract Price Generation Rate for the Contract Year, in $/MWh/MWh The Parties agree that in the above calculation of Guaranteed Energy Production Damages, if the result of “(C-D)” is less than $20/MWh, then “(C-D)” will be replaced with $20/MWh. The Parties also agree that in the above calculation of Guaranteed Energy Production Damages, if the result of “(C-D)” is more than $50/MWh, the “(C-D)” will be replaced with $50/MWh.

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. EXHIBIT E Each Progress Report must include the following items: Executive Summary. Site plan of the Facility. Description of any material planned changes to the Facility or the site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarterquarter or month, as applicable, including any OSHA labor hour reportsreports and Seller and/or sponsor’s outreach efforts to encourage community participation in the CSGT program, including with respect to eligible low-income customers. Forecast of activities scheduled for the current calendar quarter or month as applicablequarter, including planned Seller and/or sponsor’s outreach efforts to encourage community participation in the CSGT program, including with respect to eligible low-income customers. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that are likely to potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. The utilization Prevailing wage reports as required by Law. Status of union labor by Xxxxxxworkforce development efforts, including whether and to what extent the project has employed individuals who reside in EBCE’s principal EPC contractorservice area. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Supplier Diversity Reporting (if applicable). Format to be provided by Buyer. Any other non-proprietary documentation reasonably requested by Xxxxx. EXHIBIT F-1 The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. EXHIBIT F-2 [Available Generating Capacity (in MWh) Capacity, MWh Per Hour] – [Insert Month] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. EXHIBIT G In accordance with Section 4.7, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = the replacement Replacement price for the Performance Measurement Period, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point, plus (b) the market value of Replacement Green AttributesAttributes generated by the Facility during the Performance Measurement Period, as determined by Buyer in a commercially reasonable manner. D = the Contract Price for the Contract YearPerformance Measurement Period, in $/MWh

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. Each Progress Report must include the following items: Executive Summary. Site plan of the Facility. Description of any material planned changes to the Facility or the site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarter, including any OSHA labor hour reports. Forecast of activities scheduled for the current calendar quarter or month as applicable. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that are likely to potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. The utilization of union labor by Xxxxxx’s principal EPC contractor. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Any other documentation reasonably requested by Xxxxx. The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. Available Generating Capacity (in MWh) – [Insert Month] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is provided for informational purposes only, and it shall not constitute, or be deemed to constitute, an obligation of any of the Parties to this Agreement. In accordance with Section 4.7, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = the replacement price for the Performance Measurement Period, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point, plus (b) the market value of Replacement Green Attributes, as determined by Buyer in a commercially reasonable mannerAttributes only. D = the Contract Price for the Contract Year, in $/MWh

NERC Reliability Standards. Buyer (as Scheduling Coordinator) shall cooperate reasonably with Seller to the extent necessary to enable Seller to comply, and for Seller to demonstrate Seller’s compliance with, NERC reliability standards. This cooperation shall include the provision of information in Buyer’s possession that Buyer (as Scheduling Coordinator) has provided to the CAISO related to the Facility or actions taken by Buyer (as Scheduling Coordinator) related to Seller’s compliance with NERC reliability standards. Each Progress Report must include the following items: Executive Summary. Site plan of the Facility. Description of any material planned changes to the Facility or the site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarter, including any OSHA labor hour reports. Forecast of activities scheduled for the current calendar quarter or month as applicable. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that are likely to potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. The utilization of union labor by Xxxxxx’s principal EPC contractor. Progress and schedule of all major agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Any other documentation reasonably requested by Xxxxx. This certification (“Certification”) of Commercial Operation is delivered by [licensed professional engineer] (“Engineer”) to [Ava Community Energy Authority, a California joint powers authority][City of San Xxxx, a municipal corporation] (“Buyer”) in accordance with the terms of that certain Energy Storage Service Agreement dated [Date] by and between [Entity name, state of formation, type of entity] (“Seller”) and Buyer (“Agreement”). All capitalized terms used in this Certification but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. As of [Date], Engineer hereby certifies and represents to Buyer the following: The foregoing table Facility is provided for informational purposes onlyfully operational, and it shall not constituteinterconnected, or be deemed to constitute, an obligation fully integrated and synchronized with the Transmission System. Seller has installed equipment for the Facility with a nameplate capacity of any no less than ninety-five percent (95%) of the Parties Storage Contract Capacity. Seller has commissioned all Facility equipment in accordance with its respective manufacturer’s specifications. Seller has demonstrated functionality of the Facility’s communication systems and automatic generation control (AGC) interface to operate the Facility as necessary to respond and follow instructions, including an electronic signal conveying real time and intra-day instructions, directed by the Buyer in accordance with the Agreement and the CAISO. The Facility is fully capable of charging, storing and discharging energy up to no less than ninety-five percent (95%) of the Storage Contract Capacity and receiving instructions to charge, store and discharge energy, all within the operational constraints and subject to the applicable Operating Restrictions. Authorization to parallel the Facility was obtained from the Participating Transmission Owner. The Transmission Provider has provided documentation supporting full unrestricted release for Commercial Operation. The PTO has provided notification supporting Commercial Operation, in accordance with the PTO Tariff, as applicable. Seller shall have caused the Facility to be included in the Full Network Model and has the ability to offer Bids into the CAISO Day-Ahead Market and Real-Time Market. EXECUTED by [Licensed Professional Engineer] this ________ day of _____________, 20__. [LICENSED PROFESSIONAL ENGINEER] Printed Name: Title: This certification (“Certification”) of Installed Capacity is delivered by [licensed professional engineer] (“Engineer”) to [Ava Community Energy Authority, a California joint powers authority][City of San Xxxx, a municipal corporation] (“Buyer”) in accordance with the terms of that certain Energy Storage Service Agreement dated [Date] by and between [Entity name, state of formation, type of entity] (“Seller”) and Buyer (“Agreement”). All capitalized terms used in this Certification but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. Available Generating I hereby certify the following: The Storage Capacity Test demonstrated a maximum operating capability that can be sustained for four (4) consecutive hours to discharge electric energy of __ MWAC to the Delivery Point, in MWhaccordance with the testing procedures, requirements and protocols set forth in Section 4.9 and Exhibit O (the “Installed Battery Capacity”). EXECUTED by [Licensed Professional Engineer] this ________ day of _____________, 20__. [LICENSED PROFESSIONAL ENGINEER] Printed Name: Title: This certification of Construction Start Date (“Certification”) – is delivered by [Insert MonthEntity name, state of formation, type of entity] 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 The foregoing table is provided for informational purposes only(“Seller”) to [Ava Community Energy Authority, a California joint powers authority][City of San Xxxx, a municipal corporation] (“Buyer”) in accordance with the terms of that certain Energy Storage Service Agreement dated [Date] by and it between Seller and Buyer (“Agreement”). All capitalized terms used in this Certification but not otherwise defined herein shall not constitute, or be deemed have the respective meanings assigned to constitute, an obligation of any of such terms in the Parties to this Agreement. In accordance with Section 4.7, if Seller fails hereby certifies and represents to achieve Buyer the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as followsfollowing: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = the replacement price for the Performance Measurement Period, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub Construction Start (as defined in Exhibit B of the CAISO TariffAgreement) for has occurred, and a copy of the Delivery Pointnotice to proceed that Seller issued to its contractor as part of Construction Start is attached hereto; the Construction Start Date occurred on [Date] (the “Construction Start Date”); and the precise Site on which the Facility is located is, plus (b) which must be within the market value boundaries of Replacement Green Attributes, as determined by Buyer in a commercially reasonable manner. D = the Contract Price for the Contract Year, in $/MWhpreviously identified Site: _________________________________________.