Common use of QUARTERLY REPORTING AND DISPUTE RESOLUTION BY INDEPENDENT EVALUATOR Clause in Contracts

QUARTERLY REPORTING AND DISPUTE RESOLUTION BY INDEPENDENT EVALUATOR. Quarterly Report. Commencing with the month during which the Commercial Operations Date is achieved, and for each Measurement Period thereafter during the Term, Seller shall provide to Company a Quarterly Report in Excel, Lotus or such other format as Company may require, which Quarterly Report shall include (a) the data for the Measurement Period in question populated into the form of “Quarterly Report” below; and (b) Seller’s calculations of the Performance Metrics and any liquidated damages assessments for the LD Period ending with such Measurement Period as set forth below. Seller shall deliver such Quarterly Report to Company by the fifth (5th) Business Day following the close of the Measurement Period in question. Seller shall deliver the Quarterly Report electronically to the address provided by the Company. Company shall have the right to verify all data set forth in the Quarterly Report by inspecting measurement instruments and reviewing Facility operating records. Upon Company's request, Seller shall promptly provide to Company any additional data and supporting documentation necessary for Company to audit and verify any matters in the Quarterly Report. QUARTERLY REPORT NAME OF IPP FACILITY: [Facility Name] QUARTERLY REPORT PERIOD: [Month Day, Year] to [Month Day, Year] Enter the applicable information from which the IPP is using to demonstrate satisfaction of the Capacity Performance Metric during the reporting period. This can either be from a Capacity Test performed during the period or taken from operational data reflecting the net output of the XXXX. Date/Time Start Date/Time End Total MWh delivered to the POI (A) XXXX Contract Capacity (MWh) (B) XXXX Capacity Ratio 100% x (A ÷ B) Enter the applicable information from which the IPP is using to demonstrate satisfaction of the RTE Performance Metric during the reporting period. This can either be from a RTE Test performed during the period or taken from operational data reflecting the net output of the XXXX. Date/Time Start Date/Time End Total MWh delivered to the POI during Capacity Test (A) Charging Energy measured at POI (MWh) (B) RTE Ratio 100% x (A ÷ B) Enter the information for each ExcludedTime event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Calendar hours in the reporting period: Total equivalent ExcludedTime for the reporting period (from above): Period Hours (PH) in the reporting period: PH from the last three (3) reporting periods: PH for the last four (4) reporting periods: Enter the information for each Outage during the reporting period. Dates and times should be entered to the nearest minute. Duration should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (B – A) … Calendar hours in the reporting period: Total Outage hours for the reporting period (from above): Available Hours (AH) in the reporting period: AH from the last three (3) reporting periods: AH for the last four (4) reporting periods: Enter the information for each Planned Deration event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Total equivalent planned derated hours (EPDH) for the reporting period: EPDH from the last three (3) reporting periods: EPDH for the last four (4) reporting periods: Enter the information for each Unplanned Deration event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Total equivalent unplanned derated hours (EUDH) for the reporting period: EUDH for the last three (3) reporting periods: EUDH for the last four (4) reporting periods: Enter the Available Hours, EPDH, EUDH, and Period Hours for the last four (4) reporting periods as calculated above. AH (A) EPDH (B) EUDH (C) PH (D) XXXX Annual Equivalent Availability Factor 100% x (A – B – C) ÷ D Enter the information for each Forced Outage during the reporting period. Dates and times should be entered to the nearest minute. Duration should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (B – A) … Total Forced Outage Hours (FOH) for the reporting period (from above): FOH from the last three (3) reporting periods: FOH for the last four (4) reporting periods: Enter the FOH and EUDH for the last four (4) reporting periods as calculated above. FOH (A) EUDH (B) XXXX Annual Equivalent Forced Outage Factor 100% x (A + B) ÷ 8760 Quarterly Report Disagreements.

QUARTERLY REPORTING AND DISPUTE RESOLUTION BY INDEPENDENT EVALUATOR. Quarterly Report. Commencing with the month during which the Commercial Operations Date is achieved, and for each Measurement Period thereafter during the Term, Seller shall provide to Company a Quarterly Report in Excel, Lotus or such other format as Company may require, which Quarterly Report shall include (a) the data for the Measurement Period in question populated into the form of “Quarterly Report” below; and (b) Seller’s calculations of the Performance Metrics and any liquidated damages assessments for the LD Period ending with such Measurement Period as set forth below. Seller shall deliver such Quarterly Report to Company by the fifth (5th) Business Day following the close of the Measurement Period in question. Seller shall deliver the Quarterly Report electronically to the address provided by the Company. Company shall have the right to verify all data set forth in the Quarterly Report by inspecting measurement instruments and reviewing Facility operating records. Upon Company's request, Seller shall promptly provide to Company any additional data and supporting documentation necessary for Company to audit and verify any matters in the Quarterly Report. QUARTERLY REPORT NAME OF IPP FACILITY: [Facility Name] QUARTERLY REPORT PERIOD: [Month Day, Year] to [Month Day, Year] Enter the applicable information from which the IPP is using to demonstrate satisfaction of the Capacity Performance Metric during the reporting period. This can either be from a Capacity Test performed during the period or taken from operational data reflecting the net output of the XXXX. Date/Time Start Date/Time End Total MWh delivered to the POI (A) XXXX Contract Capacity (MWh) (B) XXXX Capacity Ratio 100% x (A ÷ B) Enter the applicable information from which the IPP is using to demonstrate satisfaction of the RTE Performance Metric during the reporting period. This can either be from a RTE Test performed during the period or taken from operational data reflecting the net output charging/discharging of the XXXX. Date/Time Start Date/Time End Total MWh delivered to the POI during Capacity Test (A) Charging Energy measured at POI (MWh) (B) RTE Ratio 100% x (A ÷ B) Enter the information for each ExcludedTime event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Calendar hours in the reporting period: Total equivalent ExcludedTime for the reporting period (from above): Period Hours (PH) in the reporting period: PH from the last three (3) reporting periods: PH for the last four (4) reporting periods: Enter the information for each Outage during the reporting period. Dates and times should be entered to the nearest minute. Duration should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (B – A) … Calendar hours in the reporting period: Total Outage hours for the reporting period (from above): Available Hours (AH) in the reporting period: AH from the last three (3) reporting periods: AH for the last four (4) reporting periods: Enter the information for each Planned Deration event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Total equivalent planned derated hours (EPDH) for the reporting period: EPDH from the last three (3) reporting periods: EPDH for the last four (4) reporting periods: Enter the information for each Unplanned Deration event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Total equivalent unplanned derated hours (EUDH) for the reporting period: EUDH for the last three (3) reporting periods: EUDH for the last four (4) reporting periods: Enter the Available Hours, EPDH, EUDH, and Period Hours for the last four (4) reporting periods as calculated above. AH (A) EPDH (B) EUDH (C) PH (D) XXXX Annual Equivalent Availability Factor 100% x (A – B – C) ÷ D Enter the information for each Forced Outage during the reporting period. Dates and times should be entered to the nearest minute. Duration should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (B – A) … Total Forced Outage Hours (FOH) for the reporting period (from above): FOH from the last three (3) reporting periods: FOH for the last four (4) reporting periods: Enter the FOH and EUDH for the last four (4) reporting periods as calculated above. FOH (A) EUDH (B) XXXX Annual Equivalent Forced Outage Factor 100% x (A + B) ÷ 8760 Quarterly Report Disagreements.

QUARTERLY REPORTING AND DISPUTE RESOLUTION BY INDEPENDENT EVALUATOR. Quarterly Report. Commencing with the month during which the Commercial Operations Date is achieved, and for each Measurement Period thereafter during the Term, Seller shall provide to Company a Quarterly Report in Excel, Lotus or such other format as Company may require, which Quarterly Report shall include (a) the data for the Measurement Period in question populated into the form of “Quarterly Report” below; and (b) Seller’s calculations of the Performance Metrics and any liquidated damages assessments for the LD Period ending with such Measurement Period as set forth below. Seller shall deliver such Quarterly Report to Company by the fifth (5th) Business Day following the close of the Measurement Period in question. Seller shall deliver the Quarterly Report electronically to the address provided by the Company. Company shall have the right to verify all data set forth in the Quarterly Report by inspecting measurement instruments and reviewing Facility operating records. Upon Company's request, Seller shall promptly provide to Company any additional data and supporting documentation necessary for Company to audit and verify any matters in the Quarterly Report. QUARTERLY REPORT Quarterly Report NAME OF IPP FACILITY: [Facility Name] QUARTERLY REPORT PERIOD: [Month Day, Year] to [Month Day, Year] Enter the applicable information from which the IPP is using to demonstrate satisfaction of the Capacity Performance Metric during the reporting period. This can either be from a Capacity Test performed during the period or taken from operational data reflecting the net output of the XXXX. Date/Time Start Date/Time End Total MWh delivered to the POI (A) XXXX Contract Capacity (MWh) (B) XXXX Capacity Ratio 100% x (A ÷ B) Enter the applicable information from which the IPP is using to demonstrate satisfaction of the RTE Performance Metric during the reporting period. This can either be from a RTE Test performed during the period or taken from operational data reflecting the net output of the XXXX. Date/Time Start Date/Time End Total MWh delivered to the POI during Capacity Test (A) Charging Energy measured at POI (MWh) (B) RTE Ratio 100% x (A ÷ B) Enter the information for each ExcludedTime event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Calendar hours in the reporting period: Total equivalent ExcludedTime for the reporting period (from above): Period Hours (PH) in the reporting period: PH from the last three (3) reporting periods: PH for the last four (4) reporting periods: Enter the information for each Outage during the reporting period. Dates and times should be entered to the nearest minute. Duration should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (B – A) … Calendar hours in the reporting period: Total Outage hours for the reporting period (from above): Available Hours (AH) in the reporting period: AH from the last three (3) reporting periods: AH for the last four (4) reporting periods: Enter the information for each Planned Deration event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Total equivalent planned derated hours (EPDH) for the reporting period: EPDH from the last three (3) reporting periods: EPDH for the last four (4) reporting periods: Enter the information for each Unplanned Deration event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Total equivalent unplanned derated hours (EUDH) for the reporting period: EUDH for the last three (3) reporting periods: EUDH for the last four (4) reporting periods: Enter the Available Hours, EPDH, EUDH, and Period Hours for the last four (4) reporting periods as calculated above. AH (A) EPDH (B) EUDH (C) PH (D) XXXX Annual Equivalent Availability Factor 100% x (A – B – C) ÷ D Enter the information for each Forced Outage during the reporting period. Dates and times should be entered to the nearest minute. Duration should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (B – A) … Total Forced Outage Hours (FOH) for the reporting period (from above): FOH from the last three (3) reporting periods: FOH for the last four (4) reporting periods: Enter the FOH and EUDH for the last four (4) reporting periods as calculated above. FOH (A) EUDH (B) XXXX Annual Equivalent Forced Outage Factor 100% x (A + B) ÷ 8760 [FORM OF QUARTERLY REPORT TO BE ADDED] Quarterly Report Disagreements.

QUARTERLY REPORTING AND DISPUTE RESOLUTION BY INDEPENDENT EVALUATOR. Quarterly Report. Commencing with the month during which the Commercial Operations Date is achieved, and for each Measurement Period thereafter during the Term, Seller shall provide to Company a Quarterly Report in Excel, Lotus or such other format as Company may require, which Quarterly Report shall include (a) the data for the Measurement Period in question populated into the form of “Quarterly Report” below; and (b) Seller’s calculations of the Performance Metrics Metrics, other than the Fast Frequency Response Performance Metric, and any liquidated damages assessments for the LD Period ending with such Measurement Period as set forth below. Seller shall deliver such Quarterly Report to Company by the fifth (5th) Business Day following the close of the Measurement Period in question. Seller shall deliver the Quarterly Report electronically to the address provided by the Company. Company shall have the right to verify all data set forth in the Quarterly Report by inspecting measurement instruments and reviewing Facility operating records. Upon Company's request, Seller shall promptly provide to Company any additional data and supporting documentation necessary for Company to audit and verify any matters in the Quarterly Report. QUARTERLY REPORT NAME OF IPP FACILITY: [Facility Name] QUARTERLY REPORT PERIOD: [Month Day, Year] to [Month Day, Year] Enter the applicable information from which the IPP is using to demonstrate satisfaction of the Capacity Performance Metric during the reporting period. This can either be from a Capacity Test performed during the period or taken from operational data reflecting the net output of the XXXX. Date/Time Start Date/Time End Total MWh delivered to the POI (A) XXXX Contract Capacity (MWh) (B) XXXX Capacity Ratio 100% x (A ÷ B) Enter the applicable information from which the IPP is using to demonstrate satisfaction of the RTE Performance Metric during the reporting period. This can either be from a RTE Test performed during the period or taken from operational data reflecting the net output charging/discharging of the XXXX. Date/Time Start Date/Time End Total MWh delivered to the POI during Capacity Test (A) Charging Energy measured at POI (MWh) (B) RTE Ratio 100% x (A ÷ B) Enter the information for each ExcludedTime event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Calendar hours in the reporting period: Total equivalent ExcludedTime for the reporting period (from above): Period Hours (PH) in the reporting period: PH from the last three (3) reporting periods: PH for the last four (4) reporting periods: Enter the information for each Outage during the reporting period. Dates and times should be entered to the nearest minute. Duration should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (B – A) … Calendar hours in the reporting period: Total Outage hours for the reporting period (from above): Available Hours (AH) in the reporting period: AH from the last three (3) reporting periods: AH for the last four (4) reporting periods: Enter the information for each Planned Deration event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Total equivalent planned derated hours (EPDH) for the reporting period: EPDH from the last three (3) reporting periods: EPDH for the last four (4) reporting periods: Enter the information for each Unplanned Deration event during the reporting period. Dates and times should be entered to the nearest minute. Duration, size of reduction, maximum rated output, and equivalent hours should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (C) = (B – A) Size of Reduction (MW) (D) Maximum Rated Output (MW) (E) Equivalent Hours (hrs) (C x D) ÷ E … Total equivalent unplanned derated hours (EUDH) for the reporting period: EUDH for the last three (3) reporting periods: EUDH for the last four (4) reporting periods: Enter the Available Hours, EPDH, EUDH, and Period Hours for the last four (4) reporting periods as calculated above. AH (A) EPDH (B) EUDH (C) PH (D) XXXX Annual Equivalent Availability Factor 100% x (A – B – C) ÷ D Enter the information for each Forced Outage during the reporting period. Dates and times should be entered to the nearest minute. Duration should be rounded to 1 decimal place. Date/Time Start (A) Date/Time End (B) Duration (hrs) (B – A) … Total Forced Outage Hours (FOH) for the reporting period (from above): FOH from the last three (3) reporting periods: FOH for the last four (4) reporting periods: Enter the FOH and EUDH for the last four (4) reporting periods as calculated above. FOH (A) EUDH (B) XXXX Annual Equivalent Forced Outage Factor 100% x (A + B) ÷ 8760 Quarterly Report Disagreements.