Common use of Proposed Facility Size Clause in Contracts

Proposed Facility Size. 396 MW 1 In the event that Seller reports to ISO-NE a Real-Time High Operating Limit representing an aggregate Real-Time High Operating Limit for the combination of the Facility, the Other Facility, and the Additional Facilities, the Real-Time Operating Limit as used in this Exhibit A shall represent the equivalent limit(s) determined for the Facility as well as the Other Facility and the Third Facility based on the turbine- specific limitations used by Seller to calculate that aggregate Real-Time High Operating Limit. EXHIBIT B SELLER’S CRITICAL MILESTONES – PERMITS Governmental Agency Permits Federal Bureau of Ocean Energy Management (BOEM) Site Assessment Plan (SAP) Approval Construction and Operations Plan (COP) Approval Endangered Species Act (ESA) Section 7 Consultation with U.S. Fish and Wildlife Service (USFWS) Federal Aviation Administration (FAA/BOEM) Determinations of No Hazard (DNH) U.S. Army Corps of Engineers (USACE) Individual Clean Water Act (CWA) Section 404 Rivers and Harbors Act of 1899 Section 10 Permit U.S. Coast Guard (USCG) Private Aids to Navigation Authorization U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities Outer Continental Shelf (OCS) Permit National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service Marine Mammal Protection Act (MMPA) Incidental Harassment Authorization (IHA) or Letter of Authorization (LOA) Endangered Species Act Section 7 Consultation State Massachusetts Environmental Policy Act (MEPA) Office Massachusetts Environmental Protection Act (MEPA) Environmental Notification Form (ENF) or Environmental Impact Report (EIR); Certificate of Secretary of Energy and Environmental Affairs Massachusetts Energy Facility Siting Board (EFSB) M.G.L. c. 164, § 69 Approval to Construct Massachusetts Department of Public Utilities (MA DPU) X.X. x. 164, § 72, Approval to Construct X.X. x. 40A, § 3 Zoning Exemption (if needed) Massachusetts Department of Environmental Protection (MassDEP) Chapter 91 Waterways License/Permit for dredge, fill, or structures in waterways or tidelands Section 401 Water Quality Certification Massachusetts Department of Transportation (MassDOT) State Highway Access/Easement/Right-of-Way Permit(s) Rail Division Use and Occupancy License (if needed) Massachusetts Natural Heritage and Endangered Species Program (NHESP) Conservation and Management Permit (if needed) Regional/Local Cape Cod Commission Development of Regional Impact (DRI) Review Martha’s Vineyard Commission DRI Review Falmouth and/or Bourne Planning & Zoning Board(s) Local Planning/Zoning Approval(s) (if needed) Falmouth and/or Bourne Conservation Commission(s) Notice(s) of Intent and Order(s) of Conditions (Massachusetts Wetlands Protection Act and municipal wetland non-zoning bylaws) Edgartown, Oak Bluffs, Tisbury and/or Nantucket Conservation Commissions Notice(s) of Intent and Order(s) of Conditions (Massachusetts Wetlands Protection Act and municipal wetland non-zoning bylaws) for offshore route (if needed as dictated by final offshore route) Falmouth and/or Bourne Department of Public Works (DPW), Board of Selectmen, and/or Town Council Street Opening Permits/Grants of Location EXHIBIT C

Proposed Facility Size. 396 408 MW 1 In the event that Seller reports to ISO-NE a Real-Time High Operating Limit representing an aggregate Real-Time High Operating Limit for the combination of the Facility, the Other Facility, and the Additional Facilities, the Real-Time Operating Limit as used in this Exhibit A shall represent the equivalent limit(s) determined for the Facility as well as the Other Facility and the Third Facility based on the turbine- specific limitations used by Seller to calculate that aggregate Real-Time High Operating Limit. EXHIBIT B SELLER’S CRITICAL MILESTONES – PERMITS Governmental Agency Permits Federal Bureau of Ocean Energy Management (BOEM) Site Assessment Plan (SAP) Approval Construction and Operations Plan (COP) Approval Endangered Species Act (ESA) Section 7 Consultation with U.S. Fish and Wildlife Service (USFWS) Federal Aviation Administration (FAA/BOEM) Determinations of No Hazard (DNH) U.S. Army Corps of Engineers (USACE) Individual Clean Water Act (CWA) Section 404 Rivers and Harbors Act of 1899 Section 10 Permit U.S. Coast Guard (USCG) Private Aids to Navigation Authorization U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities Outer Continental Shelf (OCS) Permit National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service Marine Mammal Protection Act (MMPA) Incidental Harassment Authorization (IHA) or Letter of Authorization (LOA) Endangered Species Act Section 7 Consultation State Massachusetts Environmental Policy Act (MEPA) Office Massachusetts Environmental Protection Act (MEPA) Environmental Notification Form (ENF) or Environmental Impact Report (EIR); Certificate of Secretary of Energy and Environmental Affairs Massachusetts Energy Facility Siting Board (EFSB) M.G.L. c. 164, § 69 Approval to Construct Massachusetts Department of Public Utilities (MA DPU) X.X. x. 164, § 72, Approval to Construct X.X. x. 40A, § 3 Zoning Exemption (if needed) Massachusetts Department of Environmental Protection (MassDEP) Chapter 91 Waterways License/Permit for dredge, fill, or structures in waterways or tidelands Section 401 Water Quality Certification Massachusetts Department of Transportation (MassDOT) State Highway Access/Easement/Right-of-Way Permit(s) Rail Division Use and Occupancy License (if needed) Massachusetts Natural Heritage and Endangered Species Program (NHESP) Conservation and Management Permit (if needed) Regional/Local Cape Cod Commission Development of Regional Impact (DRI) Review Martha’s Vineyard Commission DRI Review Falmouth and/or Bourne Planning & Zoning Board(s) Local Planning/Zoning Approval(s) (if needed) Falmouth and/or Bourne Conservation Commission(s) Notice(s) of Intent and Order(s) of Conditions (Massachusetts Wetlands Protection Act and municipal wetland non-zoning bylaws) Edgartown, Oak Bluffs, Tisbury and/or Nantucket Conservation Commissions Notice(s) of Intent and Order(s) of Conditions (Massachusetts Wetlands Protection Act and municipal wetland non-zoning bylaws) for offshore route (if needed as dictated by final offshore route) Falmouth and/or Bourne Department of Public Works (DPW), Board of Selectmen, and/or Town Council Street Opening Permits/Grants of Location EXHIBIT C

Proposed Facility Size. 396 MW 1 In the event that Seller reports to ISO-NE a Real-Time High Operating Limit representing an aggregate Real-Time High Operating Limit for the combination of the Facility, the Other Facility, and the Additional Facilities, the Real-Time Operating Limit as used in this Exhibit A shall represent the equivalent limit(s) determined for the Facility as well as the Other Facility and the Third Facility based on the turbine- specific limitations used by Seller to calculate that aggregate Real-Time High Operating Limit. EXHIBIT B SELLER’S CRITICAL MILESTONES – PERMITS Governmental Agency Permits Federal Bureau of Ocean Energy Management (BOEM) Site Assessment Plan (SAP) Approval Construction and Operations Plan (COP) Approval Endangered Species Act (ESA) Section 7 Consultation with U.S. Fish and Wildlife Service (USFWS) Federal Aviation Administration (FAA/BOEM) Determinations of No Hazard (DNH) U.S. Army Corps of Engineers (USACE) Individual Clean Water Act (CWA) Section 404 Rivers and Harbors Act of 1899 Section 10 Permit U.S. Coast Guard (USCG) Private Aids to Navigation Authorization U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities Outer Continental Shelf (OCS) Permit National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service Marine Mammal Protection Act (MMPA) Incidental Harassment Authorization (IHA) or Letter of Authorization (LOA) Endangered Species Act Section 7 Consultation State Massachusetts Environmental Policy Act (MEPA) Office Massachusetts Environmental Protection Act (MEPA) Environmental Notification Form (ENF) or Environmental Impact Report (EIR); Certificate of Secretary of Energy and Environmental Affairs Massachusetts Energy Facility Siting Board (EFSB) M.G.L. c. 164, § 69 Approval to Construct Massachusetts Department of Public Utilities (MA DPU) X.X. x. 164, § 72, Approval to Construct X.X. x. 40A, § 3 Zoning Exemption (if needed) Massachusetts Department of Environmental Protection (MassDEP) Chapter 91 Waterways License/Permit for dredge, fill, or structures in waterways or tidelands Section 401 Water Quality Certification Massachusetts Department of Transportation (MassDOT) State Highway Access/Easement/Right-of-Way Permit(s) Rail Division Use and Occupancy License (if needed) Massachusetts Natural Heritage and Endangered Species Program (NHESP) Conservation and Management Permit (if needed) Regional/Local Cape Cod Commission Development of Regional Impact (DRI) Review MarthaXxxxxx’s Vineyard Commission DRI Review Falmouth and/or Bourne Planning & Zoning Board(s) Local Planning/Zoning Approval(s) (if needed) Falmouth and/or Bourne Conservation Commission(s) Notice(s) of Intent and Order(s) of Conditions (Massachusetts Wetlands Protection Act and municipal wetland non-zoning bylaws) Edgartown, Oak Bluffs, Tisbury and/or Nantucket Conservation Commissions Notice(s) of Intent and Order(s) of Conditions (Massachusetts Wetlands Protection Act and municipal wetland non-zoning bylaws) for offshore route (if needed as dictated by final offshore route) Falmouth and/or Bourne Department of Public Works (DPW), Board of Selectmen, and/or Town Council Street Opening Permits/Grants of Location EXHIBIT C

Proposed Facility Size. 396 408 MW 1 In the event that Seller reports to ISO-NE a Real-Time High Operating Limit representing an aggregate Real-Time High Operating Limit for the combination of the Facility, the Other Facility, and the Additional Facilities, the Real-Time Operating Limit as used in this Exhibit A shall represent the equivalent limit(s) determined for the Facility as well as the Other Facility and the Third Facility based on the turbine- specific limitations used by Seller to calculate that aggregate Real-Time High Operating Limit. EXHIBIT B SELLER’S CRITICAL MILESTONES – PERMITS Governmental Agency Permits Federal Bureau of Ocean Energy Management (BOEM) Site Assessment Plan (SAP) Approval Construction and Operations Plan (COP) Approval Endangered Species Act (ESA) Section 7 Consultation with U.S. Fish and Wildlife Service (USFWS) Federal Aviation Administration (FAA/BOEM) Determinations of No Hazard (DNH) U.S. Army Corps of Engineers (USACE) Individual Clean Water Act (CWA) Section 404 Rivers and Harbors Act of 1899 Section 10 Permit U.S. Coast Guard (USCG) Private Aids to Navigation Authorization U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities Outer Continental Shelf (OCS) Permit National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service Marine Mammal Protection Act (MMPA) Incidental Harassment Authorization (IHA) or Letter of Authorization (LOA) Endangered Species Act Section 7 Consultation State Massachusetts Environmental Policy Act (MEPA) Office Massachusetts Environmental Protection Act (MEPA) Environmental Notification Form (ENF) or Environmental Impact Report (EIR); Certificate of Secretary of Energy and Environmental Affairs Massachusetts Energy Facility Siting Board (EFSB) M.G.L. c. 164, § 69 Approval to Construct Massachusetts Department of Public Utilities (MA DPU) X.X. x. 164, § 72, Approval to Construct X.X. x. 40A, § 3 Zoning Exemption (if needed) Massachusetts Department of Environmental Protection (MassDEP) Chapter 91 Waterways License/Permit for dredge, fill, or structures in waterways or tidelands Section 401 Water Quality Certification Massachusetts Department of Transportation (MassDOT) State Highway Access/Easement/Right-of-Way Permit(s) Rail Division Use and Occupancy License (if needed) Massachusetts Natural Heritage and Endangered Species Program (NHESP) Conservation and Management Permit (if needed) Regional/Local Cape Cod Commission Development of Regional Impact (DRI) Review MarthaXxxxxx’s Vineyard Commission DRI Review Falmouth and/or Bourne Planning & Zoning Board(s) Local Planning/Zoning Approval(s) (if needed) Falmouth and/or Bourne Conservation Commission(s) Notice(s) of Intent and Order(s) of Conditions (Massachusetts Wetlands Protection Act and municipal wetland non-zoning bylaws) Edgartown, Oak Bluffs, Tisbury and/or Nantucket Conservation Commissions Notice(s) of Intent and Order(s) of Conditions (Massachusetts Wetlands Protection Act and municipal wetland non-zoning bylaws) for offshore route (if needed as dictated by final offshore route) Falmouth and/or Bourne Department of Public Works (DPW), Board of Selectmen, and/or Town Council Street Opening Permits/Grants of Location EXHIBIT C