Common use of Project Development Clause in Contracts

Project Development. Seller, at no cost to Buyer, shall: Design and construct the Project. Perform all studies, pay all fees, obtain all necessary approvals and execute all necessary agreements with the CAISO and the Participating Transmission Owner for the Electrical Interconnection Upgrades to Schedule and deliver the Product from the Project [For Projects Providing Resource Adequacy: under “Full Capacity Deliverability Status” (as defined in the CAISO Tariff)]. Following satisfaction or waiver of the Conditions Precedent set forth in Section 2.3(b), Seller shall not request from the CAISO or the Participating Transmission Owner any changes to its plan of interconnection that are inconsistent with the plan of interconnection that was evaluated in connection with the satisfaction or waiver of the Conditions Precedent in Section 2.3(b) without Buyer’s prior written consent. Acquire all Governmental Approvals and other approvals necessary for the construction, operation, and maintenance of the Project. Complete all environmental impact studies necessary for the construction, operation, and maintenance of the Project, including all environmental analysis required under the California Environmental Quality Act for the Project and related interconnection facilities. At Buyer’s request, provide to Buyer Seller’s electrical specifications and design drawings pertaining to the Project. Within fifteen (15) days after the close of each calendar quarter following the Execution Date until the Commercial Operation Date, provide to Buyer a Quarterly Progress Report and agree to regularly scheduled meetings between representatives of Buyer and Seller to review such reports and discuss Seller’s construction progress. The Quarterly Progress Report shall identify the Milestones and indicate whether Seller has met or is on target to meet such Milestones. Provide access to Buyer, its authorized agents, employees and inspectors for purpose of inspecting the Project’s construction site or on-site Seller data and information pertaining to the Project during normal business hours upon reasonable advance Notice. At Buyer’s request, provide information to Buyer relating to Seller’s or Seller’s contractor’s use, during Project construction, of “Women-Owned Businesses” or “Minority-Owned Businesses” or “Disabled Veteran Business Enterprises” as defined in CPUC General Order 156, and the number of new employees hired by Seller or Seller’s contractors and the number of women, minority, and disabled veterans trained or hired by Seller or Seller’s contractor’s as contemplated under Cal. Public Utilities Code §910(a)(8), as each such group of entities and individuals may be amended from time to time or further defined, supplemented, or superseded by applicable Law or replaced with similar designations or certifications. [Include other covenants related to “women-owned business” or “minority-owned business” as may be applicable to the Seller’s RFO bid.]

Project Development. Seller, at no cost to Buyer, shall: Design and construct the Project. Perform all studies, pay all fees, obtain all necessary approvals and execute all necessary agreements with the CAISO [For Projects located outside of CAISO: ,the Native Balancing Authority,] and the Participating Transmission Owner for the Electrical Interconnection Upgrades to Schedule and deliver the Product from the Project [For Projects Providing Resource AdequacyFCDS bids, insert: “under “Full Capacity Deliverability Status” (as defined in the CAISO Tariff)]. , except when construction of deliverability Network Upgrades is not required under Section 3.1(j).”] [For Projects located outside of CAISO: “in a manner that enables the Capacity Attributes from the Project to be accepted and approved by the CPUC and the CAISO as qualifying for the determination of, and as satisfying Buyer’s requirement for demonstrating its procurement of, Resource Adequacy capacity.”] Following satisfaction or waiver of the Conditions Precedent set forth in Section 2.3(b), Seller shall not request from the CAISO or the Participating Transmission Owner or the distribution system operator any changes to its plan of interconnection that are inconsistent with the plan of interconnection that was evaluated in connection with the satisfaction or waiver of the Conditions Precedent in Section 2.3(b) without Buyer’s prior written consent, except in accordance with Section 3.1(j). Acquire all Governmental Approvals and other approvals necessary for the construction, operation, and maintenance of the Project. Complete all environmental impact studies necessary for the construction, operation, and maintenance of the Project, including all environmental analysis required under the California Environmental Quality Act for the Project and related interconnection facilities. At Buyer’s request, provide to Buyer Seller’s electrical specifications and design drawings pertaining to the Project. Within fifteen (15) days after the close of each calendar quarter following the Execution Date until the Commercial Operation Date, provide to Buyer a Quarterly Progress Report and agree to regularly scheduled meetings between representatives of Buyer and Seller to review such reports and discuss Seller’s construction progress. The Quarterly Progress Report shall identify the Milestones and indicate whether Seller has met or is on target to meet such Milestones. Provide access to Buyer, its authorized agents, employees and inspectors for purpose of inspecting the Project’s construction site or on-site Seller data and information pertaining to the Project during normal business hours upon reasonable advance Notice. At Buyer’s request, provide information to Buyer relating to Seller’s or Seller’s contractor’s use, during Project construction, of “Women-Owned Businesses” or “Minority-Owned Businesses” or “Disabled Veteran Business Enterprises” as defined in CPUC General Order 156, and the number of new employees hired by Seller or Seller’s contractors and the number of women, minority, and disabled veterans trained or hired by Seller or Seller’s contractor’s as contemplated under Cal. Public Utilities Code §910(a)(8), as each such group of entities and individuals may be amended from time to time or further defined, supplemented, or superseded by applicable Law or replaced with similar designations or certifications. [Include other covenants related to “women-owned business” or “minority-owned business” as may be applicable to the Seller’s RFO bid.]

Project Development. Seller, at no cost to Buyer, shall: Design and construct the Project. Perform all studies, pay all fees, obtain all necessary approvals and execute all necessary agreements with the CAISO and the Participating Transmission Owner for the Electrical Interconnection Upgrades to Schedule and deliver the Product from the Project [For Projects Providing Resource Adequacy: under “Full Capacity Deliverability Status” (as defined in the CAISO Tariff)]. Following satisfaction or waiver of the Conditions Precedent set forth in Section 2.3(b), Seller shall not request from the CAISO or the Participating Transmission Owner any changes to its plan of interconnection that are inconsistent with the plan of interconnection that was evaluated in connection with the satisfaction or waiver of the Conditions Precedent in Section 2.3(b) without Buyer’s prior written consent. Acquire all Governmental Approvals and other approvals necessary for the construction, operation, and maintenance of the Project. Complete all environmental impact studies necessary for the construction, operation, and maintenance of the Project, including all environmental analysis required under the California Environmental Quality Act for the Project and related interconnection facilities. At Buyer’s request, provide to Buyer Seller’s electrical specifications and design drawings pertaining to the Project. Within fifteen (15) days after the close of each calendar quarter following the Execution Date until the Commercial Operation Date, provide to Buyer a Quarterly Progress Report and agree to regularly scheduled meetings between representatives of Buyer and Seller to review such reports and discuss Seller’s construction progress. The Quarterly Progress Report shall identify the Milestones and indicate whether Seller has met or is on target to meet such Milestones. Provide access to Buyer, its authorized agents, employees and inspectors for purpose of inspecting the Project’s construction site or on-site Seller data and information pertaining to the Project during normal business hours upon reasonable advance Notice. At Buyer’s request, provide information to Buyer relating to Seller’s or Seller’s contractor’s use, during Project construction, of “Women-Owned Businesses” or “Minority-Owned Businesses” or “Disabled Veteran Business Enterprises” as defined in CPUC General Order 156, 156 and the number of new employees hired by Seller or Seller’s contractors and the number of women, minority, and disabled veterans trained or hired by Seller or Seller’s contractor’s as contemplated under Cal. Public Utilities Code §910(a)(8), as each such group of entities and individuals may be amended from time to time or further defined, supplemented, or superseded by applicable Law or replaced with similar designations or certifications. [Include other covenants related to “women-owned business” or “minority-owned business” as may be applicable to the Seller’s RFO bid.]

Project Development. Seller, at no cost to Buyer, shall: Design and construct the Project. Perform all studies, pay all fees, obtain all necessary approvals and execute all necessary agreements with the CAISO [For Green Tariff Projects located outside of CAISO: ,the Native Balancing Authority,] and the Participating Transmission Owner for the Electrical Interconnection Upgrades to Schedule and deliver the Product from the Project [For Projects Providing Resource AdequacyFCDS bids, insert: “under “Full Capacity Deliverability Status” (as defined in the CAISO Tariff)]. , except when construction of deliverability Network Upgrades is not required under Section 3.1(j).”] [For Green Tariff Projects located outside of CAISO: “in a manner that enables the Capacity Attributes from the Project to be accepted and approved by the CPUC and the CAISO as qualifying for the determination of, and as satisfying Buyer’s requirement for demonstrating its procurement of, Resource Adequacy capacity.”] Following satisfaction or waiver of the Conditions Precedent set forth in Section 2.3(b), Seller shall not request from the CAISO or the Participating Transmission Owner or the distribution system operator any changes to its plan of interconnection that are inconsistent with the plan of interconnection that was evaluated in connection with the satisfaction or waiver of the Conditions Precedent in Section 2.3(b) without Buyer’s prior written consent, except in accordance with Section 3.1(j). Acquire all Governmental Approvals and other approvals necessary for the construction, operation, and maintenance of the Project. Complete all environmental impact studies necessary for the construction, operation, and maintenance of the Project, including all environmental analysis required under the California Environmental Quality Act for the Project and related interconnection facilities. At Buyer’s request, provide to Buyer Seller’s electrical specifications and design drawings pertaining to the Project. Within fifteen (15) days after the close of each calendar quarter following the Execution Date until the Commercial Operation Date, provide to Buyer a Quarterly Progress Report and agree to regularly scheduled meetings between representatives of Buyer and Seller to review such reports and discuss Seller’s construction progress. The Quarterly Progress Report shall identify the Milestones and indicate whether Seller has met or is on target to meet such Milestones. Provide access to Buyer, its authorized agents, employees and inspectors for purpose of inspecting the Project’s construction site or on-site Seller data and information pertaining to the Project during normal business hours upon reasonable advance Notice. At Buyer’s request, provide information to Buyer relating to Seller’s or Seller’s contractor’s use, during Project construction, of “Women-Owned Businesses” or “Minority-Owned Businesses” or “Disabled Veteran Business Enterprises” as defined in CPUC General Order 156, and the number of new employees hired by Seller or Seller’s contractors and the number of women, minority, and disabled veterans trained or hired by Seller or Seller’s contractor’s as contemplated under Cal. Public Utilities Code §910(a)(8), as each such group of entities and individuals may be amended from time to time or further defined, supplemented, or superseded by applicable Law or replaced with similar designations or certifications. [Include other covenants related to “women-owned business” or “minority-owned business” as may be applicable to the Seller’s RFO bid.]