Common use of OWNER’S OBLIGATIONS WITH RESPECT TO THE PROJECT Clause in Contracts

OWNER’S OBLIGATIONS WITH RESPECT TO THE PROJECT. Generally. At no cost to CHGE, Owner shall: obtain Site Control by the date specified in the Critical Path Milestone schedule and maintain Site Control for the duration of the Term; design and construct the Project as required for Owner to perform its obligations under this Agreement; not modify the Project without obtaining prior written consent from CHGE; design, construct, own, operate and maintain the Project as required under this Agreement, in accordance with Good Utility Practice and in compliance with all Applicable Laws, Permits, and site agreements; except as expressly permitted under Section 14.4, retain exclusive ownership over the entirety of the Project; not make any use of the Project other than as directed by XXXX; timely file all applications or other appropriate requests for, and acquire and maintain, all Permits required for siting, construction, operation, and maintenance of the Project during the Term; complete all environmental impact assessments, statements, or studies required pursuant to Applicable Laws, including obtaining public review and certification of any final documents relating to any environmental impact assessment or studies; obtain and maintain in full force and effect all agreements necessary for electric service for Station Use and Charging Energy Requirements; obtain and maintain without modification, and shall take no action to invalidate, manufacturer’s warranties on the components of the Project, which minimum warranty requirements are identified in Exhibit E (“Warranty Requirements”); not withdraw the Interconnection Queue Position without CHGE’s prior written consent; ensure the Interconnection Facilities are sufficient to enable delivery of the installed capacity of the Project up to the Contract Capacity; provide to CHGE, prior to commencement of any construction activities on the Site, a report from an Independent and Actively Licensed NYS Registered Professional Engineer certifying that Owner has a written plan for the safe construction and operation of the Project in accordance with Good Utility Practice; comply with any NERC Reliability Standards applicable to the Project, including registration with NERC as the Generator Operator for the Project or other applicable category under the NERC Reliability Standards and implementation of all applicable processes and procedures required by FERC (Federal Energy Regulatory Commission), NERC, NPCC, NYSRC (New York State Reliability Council), the NYISO or other Governmental Authority for compliance with the NERC Reliability Standards; comply with all requirements of the Interconnection Agreement, including to furnish and install System Protection Facilities and Prevention Equipment, as applicable, for proper and safe operation of the Project in parallel with the Transmission Owner’s electric system; provide accurate and complete operating characteristics of the Project in compliance with the NYISO Tariff: at least thirty (30) Calendar Days before Substantial Completion, and within ten (10) Calendar Days after such information changes after Substantial Completion; comply with CHGE’s cybersecurity requirements, set forth in Exhibit J, as applicable to vendors interconnected with CHGE’s information systems; comply with the Federal Acquisition Regulations, which regulations are set forth in Exhibit K; maintain and preserve its existence as a [insert applicable entity formation information], formed under the law of the State of [applicable state of formation or incorporation] and all material rights, privileges and franchises necessary or desirable to enable it to perform its obligations under this Agreement; in such time period as CHGE may reasonably require, provide to CHGE all data and information requested by CHGE from time to time, to be able to sell Product and to substantiate the costs for the Project, which costs may be part of an inquiry or investigation by the NYISO, or a proceeding before FERC, NYSPSC or other Governmental or Regulatory Authority; apply for and diligently pursue any incentives or benefits available to the Project, including any Economic Benefit; comply with its obligations under the NYSERDA Agreement; obtain and maintain Market-Based Rate Authority from FERC as applied to sales made within the NYISO Markets; take all actions necessary to register and maintain the qualification of the Project under all NYISO tariffs required to sell Products; and comply with all requirements to qualify for and maintain XXXX and ERIS at least equal to Contract Capacity pursuant to the NYISO Tariff.

OWNER’S OBLIGATIONS WITH RESPECT TO THE PROJECT. Generally. At no cost to CHGERG&E, Owner shall: obtain Site Control by the date specified in the Critical Path Milestone schedule and maintain Site Control for the duration of the Term; design and construct the Project as required for Owner to perform its obligations under this Agreement; not modify the Project without obtaining prior written consent from CHGERG&E; design, construct, own, operate and maintain the Project as required under this Agreement, in accordance with Good Utility Practice and in compliance with all Applicable Laws, Permits, and site agreements; except as expressly permitted under Section 14.4, retain exclusive ownership over the entirety of the Project; not make any use of the Project other than as directed by XXXXXX&X; timely file all applications or other appropriate requests for, and acquire and maintain, all Permits required for siting, construction, operation, and maintenance of the Project during the Term; complete all environmental impact assessments, statements, or studies required pursuant to Applicable Laws, including obtaining public review and certification of any final documents relating to any environmental impact assessment or studies; obtain and maintain in full force and effect all agreements necessary for electric service for Station Use and Charging Energy Requirements; obtain and maintain without modification, and shall take no action to invalidate, manufacturer’s warranties on the components of the Project, which minimum warranty requirements are identified in Exhibit E (“Warranty Requirements”); not withdraw the Interconnection Queue Position without CHGERG&E’s prior written consent; ensure the Interconnection Facilities are sufficient to enable delivery of the installed capacity of the Project up to the Contract Capacity; provide to CHGERG&E, prior to commencement of any construction activities on the Site, a report from an Independent and Actively Licensed NYS Registered Professional Engineer certifying that Owner has a written plan for the safe construction and operation of the Project in accordance with Good Utility Practice; comply with any NERC Reliability Standards applicable to the Project, including registration with NERC as the Generator Operator for the Project or other applicable category under the NERC Reliability Standards and implementation of all applicable processes and procedures required by FERC (Federal Energy Regulatory Commission), NERC, NPCC, NYSRC (New York State Reliability Council), the NYISO or other Governmental Authority for compliance with the NERC Reliability Standards; comply with all requirements of the Interconnection Agreement, including to furnish and install System Protection Facilities and Prevention Equipment, as applicable, for proper and safe operation of the Project in parallel with the Transmission Owner’s electric system; provide accurate and complete operating characteristics of the Project in compliance with the NYISO Tariff: at least thirty (30) Calendar Days before Substantial Completion, and within ten (10) Calendar Days after such information changes after Substantial Completion; comply with CHGERG&E’s cybersecurity requirements, set forth in Exhibit J, as applicable to vendors interconnected with CHGERG&E’s information systems; comply with the Federal Acquisition Regulations, which regulations are set forth in Exhibit K; maintain and preserve its existence as a [insert applicable entity formation information], formed under the law of the State of [applicable state of formation or incorporation] and all material rights, privileges and franchises necessary or desirable to enable it to perform its obligations under this Agreement; in such time period as CHGE RG&E may reasonably require, provide to CHGE RG&E all data and information requested by CHGE RG&E from time to time, to be able to sell Product and to substantiate the costs for the Project, which costs may be part of an inquiry or investigation by the NYISO, or a proceeding before FERC, NYSPSC or other Governmental or Regulatory Authority; apply for and diligently pursue any incentives or benefits available to the Project, including any Economic Benefit; comply with its obligations under the NYSERDA Agreement; obtain and maintain Market-Based Rate Authority from FERC as applied to sales made within the NYISO Markets; take all actions necessary to register and maintain the qualification of the Project under all NYISO tariffs required to sell Products; and comply with all requirements to qualify for and maintain XXXX and ERIS at least equal to Contract Capacity pursuant to the NYISO Tariff.

OWNER’S OBLIGATIONS WITH RESPECT TO THE PROJECT. Generally. At no cost to CHGENYSEG, Owner shall: obtain Site Control by the date specified in the Critical Path Milestone schedule and maintain Site Control for the duration of the Term; design and construct the Project as required for Owner to perform its obligations under this Agreement; not modify the Project without obtaining prior written consent from CHGENYSEG; design, construct, own, operate and maintain the Project as required under this Agreement, in accordance with Good Utility Practice and in compliance with all Applicable Laws, Permits, and site agreements; except as expressly permitted under Section 14.4, retain exclusive ownership over the entirety of the Project; not make any use of the Project other than as directed by XXXXNYSEG; timely file all applications or other appropriate requests for, and acquire and maintain, all Permits required for siting, construction, operation, and maintenance of the Project during the Term; complete all environmental impact assessments, statements, or studies required pursuant to Applicable Laws, including obtaining public review and certification of any final documents relating to any environmental impact assessment or studies; obtain and maintain in full force and effect all agreements necessary for electric service for Station Use and Charging Energy Requirements; obtain and maintain without modification, and shall take no action to invalidate, manufacturer’s warranties on the components of the Project, which minimum warranty requirements are identified in Exhibit E (“Warranty Requirements”); not withdraw the Interconnection Queue Position without CHGENYSEG’s prior written consent; ensure the Interconnection Facilities are sufficient to enable delivery of the installed capacity of the Project up to the Contract Capacity; provide to CHGENYSEG, prior to commencement of any construction activities on the Site, a report from an Independent and Actively Licensed NYS Registered Professional Engineer certifying that Owner has a written plan for the safe construction and operation of the Project in accordance with Good Utility Practice; comply with any NERC Reliability Standards applicable to the Project, including registration with NERC as the Generator Operator for the Project or other applicable category under the NERC Reliability Standards and implementation of all applicable processes and procedures required by FERC (Federal Energy Regulatory Commission), NERC, NPCC, NYSRC (New York State Reliability Council), the NYISO or other Governmental Authority for compliance with the NERC Reliability Standards; comply with all requirements of the Interconnection Agreement, including to furnish and install System Protection Facilities and Prevention Equipment, as applicable, for proper and safe operation of the Project in parallel with the Transmission Owner’s electric system; provide accurate and complete operating characteristics of the Project in compliance with the NYISO Tariff: at least thirty (30) Calendar Days before Substantial Completion, and within ten (10) Calendar Days after such information changes after Substantial Completion; comply with CHGENYSEG’s cybersecurity requirements, set forth in Exhibit J, as applicable to vendors interconnected with CHGENYSEG’s information systems; comply with the Federal Acquisition Regulations, which regulations are set forth in Exhibit K; maintain and preserve its existence as a [insert applicable entity formation information], formed under the law of the State of [applicable state of formation or incorporation] and all material rights, privileges and franchises necessary or desirable to enable it to perform its obligations under this Agreement; in such time period as CHGE NYSEG may reasonably require, provide to CHGE NYSEG all data and information requested by CHGE NYSEG from time to time, to be able to sell Product and to substantiate the costs for the Project, which costs may be part of an inquiry or investigation by the NYISO, or a proceeding before FERC, NYSPSC or other Governmental or Regulatory Authority; apply for and diligently pursue any incentives or benefits available to the Project, including any Economic Benefit; comply with its obligations under the NYSERDA Agreement; obtain and maintain Market-Based Rate Authority from FERC as applied to sales made within the NYISO Markets; take all actions necessary to register and maintain the qualification of the Project under all NYISO tariffs required to sell Products; and comply with all requirements to qualify for and maintain XXXX and ERIS at least equal to Contract Capacity pursuant to the NYISO Tariff.

OWNER’S OBLIGATIONS WITH RESPECT TO THE PROJECT. Generally. At no cost to CHGE, Owner shall: obtain Site Control by the date specified in the Critical Path Milestone schedule and maintain Site Control for the duration of the Term; design and construct the Project as required for Owner to perform its obligations under this Agreement; not modify the Project without obtaining prior written consent from CHGE; design, construct, own, operate and maintain the Project as required under this Agreement, in accordance with Good Utility Practice and in compliance with all Applicable Laws, Permits, and site agreements; except as expressly permitted under Section 14.4, retain exclusive ownership over the entirety of the Project; not make any use of the Project other than as directed by XXXXCHGE; timely file all applications or other appropriate requests for, and acquire and maintain, all Permits required for siting, construction, operation, and maintenance of the Project during the Term; complete all environmental impact assessments, statements, or studies required pursuant to Applicable Laws, including obtaining public review and certification of any final documents relating to any environmental impact assessment or studies; obtain and maintain in full force and effect all agreements necessary for electric service for Station Use and Charging Energy Requirements; obtain and maintain without modification, and shall take no action to invalidate, manufacturer’s warranties on the components of the Project, which minimum warranty requirements are identified in Exhibit E (“Warranty Requirements”); not withdraw the Interconnection Queue Position without CHGE’s prior written consent; ensure the Interconnection Facilities are sufficient to enable delivery of the installed capacity of the Project up to the Contract Capacity; provide to CHGE, prior to commencement of any construction activities on the Site, a report from an Independent and Actively Licensed NYS Registered Professional Engineer certifying that Owner has a written plan for the safe construction and operation of the Project in accordance with Good Utility Practice; comply with any NERC Reliability Standards applicable to the Project, including registration with NERC as the Generator Operator for the Project or other applicable category under the NERC Reliability Standards and implementation of all applicable processes and procedures required by FERC (Federal Energy Regulatory Commission), NERC, NPCC, NYSRC (New York State Reliability Council), the NYISO or other Governmental Authority for compliance with the NERC Reliability Standards; comply with all requirements of the Interconnection Agreement, including to furnish and install System Protection Facilities and Prevention Equipment, as applicable, for proper and safe operation of the Project in parallel with the Transmission Owner’s electric system; provide accurate and complete operating characteristics of the Project in compliance with the NYISO Tariff: at least thirty (30) Calendar Days before Substantial Completion, and within ten (10) Calendar Days after such information changes after Substantial Completion; comply with CHGE’s cybersecurity requirements, set forth in Exhibit J, as applicable to vendors interconnected with CHGE’s information systems; comply with the Federal Acquisition Regulations, which regulations are set forth in Exhibit K; maintain and preserve its existence as a [insert applicable entity formation information], formed under the law of the State of [applicable state of formation or incorporation] and all material rights, privileges and franchises necessary or desirable to enable it to perform its obligations under this Agreement; in such time period as CHGE may reasonably require, provide to CHGE all data and information requested by CHGE from time to time, to be able to sell Product and to substantiate the costs for the Project, which costs may be part of an inquiry or investigation by the NYISO, or a proceeding before FERC, NYSPSC or other Governmental or Regulatory Authority; apply for and diligently pursue any incentives or benefits available to the Project, including any Economic Benefit; comply with its obligations under the NYSERDA Agreement; obtain and maintain Market-Based Rate Authority from FERC as applied to sales made within the NYISO Markets; take all actions necessary to register and maintain the qualification of the Project under all NYISO tariffs required to sell Products; and comply with all requirements to qualify for and maintain XXXX and ERIS at least equal to Contract Capacity pursuant to the NYISO Tariff.