Common use of Resource Provider Requirements Clause in Contracts

Resource Provider Requirements. a. Resource Provider shall bear all Taxes and Environmental Costs applicable to the deployment and operation of the GSDS, provided that, subject to 17.2 (Tracking Account), PREPA shall reimburse Resource Provider for fifty percent (50%) of the additional costs (net of cost reductions) resulting from Post-Agreement Date Taxes or from Post- Agreement Date Environmental Costs applicable to Resource Provider by reason of the ownership or operation of the Facility for the purpose of providing the Grid Services to PREPA (collectively, the “Changes”). PREPA shall reimburse Resource Provider for such Changes through an equitable adjustment to the Demand Reduction Price and the Demand Build Price and subject to 17.2 (Tracking Account). b. Resource Provider will promptly pay and discharge all other Taxes, assessments, and governmental charges or levies imposed upon it or in respect of all or any part of its property or business, all trade accounts payable in accordance with usual and customary business terms, and all Claims for work, labor or materials which, if unpaid, might become a lien or charge upon any of its property; provided that Resource Provider shall not be required to pay any such Taxes, assessment, charge, levy, account payable or Claim if: (i) the validity, applicability or amount thereof remains contested in good faith by appropriate actions or proceedings which will prevent the forfeiture or sale of any property of Resource Provider or any material interference with the use thereof by Resource Provider, and (ii) Resource Provider shall set aside on its books reserves deemed by it to be adequate with respect thereto.

Resource Provider Requirements. a. Resource Provider shall bear all Taxes and Environmental Costs applicable to the deployment construction and operation of the GSDSFacility, provided that, subject to Section 17.2 (Tracking Account), PREPA shall reimburse Resource Provider for fifty percent (50%) of the additional costs (net of cost reductions) resulting from Post-Agreement Date Taxes or from Post- Post-Agreement Date Environmental Costs applicable to Resource Provider by reason of the ownership or operation of the Facility for the purpose of providing the Grid Energy Storage Services to PREPA (collectively, the “Changes”). PREPA shall reimburse Resource Provider for such Changes through an equitable adjustment to the Demand Reduction Price and the Demand Build Capability Payment Price and subject to Section 17.2 (Tracking Account). b. Resource Provider will promptly pay and discharge all other Taxes, assessments, and governmental charges or levies imposed upon it or in respect of all or any part of its property or business, all trade accounts payable in accordance with usual and customary business terms, and all Claims for work, labor or materials which, if unpaid, might become a lien or charge upon any of its property; provided that Resource Provider shall not be required to pay any such Taxes, assessment, charge, levy, account payable or Claim if: (i) the validity, applicability or amount thereof remains contested in good faith by appropriate actions or proceedings which will prevent the forfeiture or sale of any property of Resource Provider or any material interference with the use thereof by Resource Provider, and (ii) Resource Provider shall set aside on its books reserves deemed by it to be adequate with respect thereto.

Resource Provider Requirements. a. Resource Provider shall bear all Taxes and Environmental Costs applicable to the deployment construction and operation of the GSDSFacility, provided that, subject to Section 17.2 (Tracking Account), PREPA shall reimburse Resource Provider for fifty percent (50%) of the additional costs (net of cost reductions) resulting from Post-Agreement Date Taxes or from Post- Post-Agreement Date Environmental Costs applicable to Resource Provider by reason of the ownership or operation of the Facility for the purpose of providing the Grid Services Net Electrical Output to PREPA (collectively, the “Changes”). PREPA shall reimburse Resource Provider for such Changes through an equitable adjustment to the Demand Reduction Price and the Demand Build Price Base Rate and subject to Section 17.2 (Tracking Account). b. Resource Provider will promptly pay and discharge all other Taxes, assessments, assessments and governmental charges or levies imposed upon it or in respect of all or any part of its property or business, all trade accounts payable in accordance with usual and customary business terms, and all Claims for work, labor or materials which, if unpaid, might become a lien or charge upon any of its property; provided that Resource Provider shall not be required to pay any such Taxes, assessment, charge, levy, account payable or Claim if: (i) the validity, applicability or amount thereof remains contested in good faith by appropriate actions or proceedings which will prevent the forfeiture or sale of any property of Resource Provider or any material interference with the use thereof by Resource Provider, and (ii) Resource Provider shall set aside on its books reserves deemed by it to be adequate with respect thereto.

Resource Provider Requirements. a. Resource Provider shall bear all Taxes and Environmental Costs applicable to the deployment construction and operation of the GSDSFacility, provided that, subject to Section 17.2 (Tracking Account), PREPA shall reimburse Resource Provider for fifty percent (50%) of the additional costs (net of cost reductionsreductions and the benefit of any investment tax credit relating to the Facility that Resource Provider retains pursuant to Section 17.4 (Investment Tax Credit)) resulting from Post-Agreement Date Taxes or from Post- Post-Agreement Date Environmental Costs applicable to Resource Provider by reason of the ownership or operation of the Facility for the purpose of providing the Grid Energy Storage Services to PREPA (collectively, the “Changes”). PREPA shall reimburse Resource Provider for such Changes through an equitable adjustment to the Demand Reduction Price and the Demand Build Capability Payment Price and subject to Section 17.2 (Tracking Account). b. Resource Provider will promptly pay and discharge all other Taxes, assessments, and governmental charges or levies imposed upon it or in respect of all or any part of its property or business, all trade accounts payable in accordance with usual and customary business terms, and all Claims for work, labor or materials which, if unpaid, might become a lien or charge upon any of its property; provided that Resource Provider shall not be required to pay any such Taxes, assessment, charge, levy, account payable or Claim if: (i) the validity, applicability or amount thereof remains contested in good faith by appropriate actions or proceedings which will prevent the forfeiture or sale of any property of Resource Provider or any material interference with the use thereof by Resource Provider, and (ii) Resource Provider shall set aside on its books reserves deemed by it to be adequate with respect thereto.