Common use of SERVICE AGREEMENT NO Clause in Contracts

SERVICE AGREEMENT NO. 2603 Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYISO Transmission Interconnection Standard shall mean the reliability standard that must be met by any Transmission Project proposing to connect to the New York State Transmission System. The standard is designed to ensure reliable access by the proposed project to the New York State Transmission System. NYSRC shall mean the New York State Reliability Council or its successor organization. Operating Agreement shall mean the Operating Agreement that the Transmission Developer is required to enter into with the NYISO concerning the operation of its transmission facilities in accordance with the requirements in Section 31.1.7.3 of Attachment Y of the OATT, as such agreement may be amended from time to time. Party or Parties shall mean NYISO, Connecting Transmission Owner, or Transmission Developer or any combination of the above. Point(s) of Change of Ownership shall mean the point(s), as set forth in Appendix C to this Agreement, where the Transmission Developer’s Transmission Project connect to the Connecting Transmission Owner’s system. Point(s) of Interconnection shall mean the point(s), as set forth in Appendix C to this Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by a Party under this Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests. Security shall mean a bond, irrevocable letter of credit, parent company guarantee or other form of security from an entity with an investment grade rating, executed for the benefit of the Connecting Transmission Owner, meeting the commercially reasonable requirements of the Connecting Transmission Owner with which it is required to be posted pursuant to Article 11.4, and consistent with the Uniform Commercial Code of the jurisdiction identified in Article 14.2.1 of this Agreement. Services Tariff shall mean the NYISO Market Administration and Control Area Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. System Impact Study shall mean the study conducted pursuant to Section 22.8 of Attachment P of the NYISO OATT that evaluates the impact of the proposed Transmission Project on the safety and reliability of the New York State Transmission System and, if applicable, and Affected System, to determine what Network Upgrade Facilities are needed for the proposed

SERVICE AGREEMENT NO. 2603 2635 Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYISO Transmission Interconnection Standard shall mean the reliability standard that must be met by any Transmission Project proposing to connect to the New York State Transmission System. The standard is designed to ensure reliable access by the proposed project to the New York State Transmission System. NYSRC shall mean the New York State Reliability Council or its successor organization. Operating Agreement shall mean the Operating Agreement that the Transmission Developer is required to enter into with the NYISO concerning the operation of its transmission facilities in accordance with the requirements in Section 31.1.7.3 of Attachment Y of the OATT, as such agreement may be amended from time to time. Party or Parties shall mean NYISO, Connecting Transmission OwnerAffected System Operator, or Transmission Developer or any combination of the above. Point(s) of Change of Ownership Interconnection shall mean the point(s), as set forth in Appendix C to this Agreement, ) where the Transmission Developer’s Transmission Project connect to the Connecting New York State Transmission Owner’s systemSystem. Point(s) of Interconnection shall mean the point(s), as set forth in Appendix C to this Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by a Party under this Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests. Security shall mean a bond, irrevocable letter of credit, parent company guarantee or other form of security from an entity with an investment grade rating, executed for the benefit of the Connecting Transmission OwnerAffected System Operator, meeting the commercially reasonable requirements of the Connecting Transmission Owner Affected System Operator with which it is required to be posted pursuant to Article 11.46.2, and consistent with the Uniform Commercial Code of the jurisdiction identified in Article 14.2.1 8.2.1 of this Agreement. Services Tariff shall mean the NYISO Market Administration and Control Area Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. System Impact Study shall mean the study conducted pursuant to Section 22.8 of Attachment P of the NYISO OATT that evaluates the impact of the proposed Transmission Project on the safety and reliability of the New York State Transmission System and, if applicable, and Affected System, to determine what Network Upgrade Facilities are needed for the proposedproposed Transmission Project to connect reliably to the New York State Transmission System in a manner that meets the NYISO Transmission Interconnection Standard. System Protection Facilities shall mean the equipment, including necessary protection signal communications equipment, required to (1) protect the New York State Transmission System from faults or other electrical disturbances occurring at the Transmission Project and (2) protect the Transmission Project from faults or other electrical system disturbances occurring on the New York State Transmission System or on other delivery systems or other generating systems to which the New York State Transmission System is directly connected. SERVICE AGREEMENT NO. 2635 Tariff shall mean the NYISO Open Access Transmission Tariff (“OATT”), as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff. Transmission Developer shall have the meaning set forth in the introductory paragraph. Transmission Interconnection Application shall mean Transmission Developer’s request, in the form of Appendix 1 to the TIP, to interconnect a Transmission Project to the New York State Transmission System. Transmission Interconnection Procedures (“TIP”) shall mean the interconnection procedures applicable to a Transmission Interconnection Application pertaining to a Transmission Project that are included in Attachment P of the NYISO OATT. Transmission Interconnection Study shall mean any of the following studies: the Optional Feasibility Study, the System Impact Study, and the Facilities Study described in the Transmission Interconnection Procedures. Transmission Project shall be a Transmission Developer’s proposed transmission facility or facilities that collectively satisfy the definition of Transmission Project in Section 22.3.1 of Attachment P of the NYISO OATT.

SERVICE AGREEMENT NO. 2603 Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYISO Transmission Interconnection Standard shall mean the reliability standard that must be met by any Transmission Project proposing to connect to the New York State Transmission System. The standard is designed to ensure reliable access by the proposed project to the New York State Transmission System. NYSRC shall mean the New York State Reliability Council or its successor organization. Operating Agreement shall mean the Operating Agreement that the Transmission Developer is required to enter into with the NYISO concerning the operation of its transmission facilities in accordance with the requirements in Section 31.1.7.3 of Attachment Y of the OATT, as such agreement may be amended from time to time. Party or Parties shall mean NYISO, Connecting Transmission Owner, or Transmission Developer or any combination of the above. Point(s) of Change of Ownership shall mean the point(s), as set forth in Appendix C to this Agreement, where the Transmission Developer’s Transmission Project connect to the Connecting Transmission Owner’s system. Point(s) of Interconnection shall mean the point(s), as set forth in Appendix C to this Agreement, where the Transmission Developer’s Transmission Project connect to the New York State Transmission System. Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by a Party under this Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests. Security shall mean a bond, irrevocable letter of credit, parent company guarantee or other form of security from an entity with an investment grade rating, executed for the benefit of the Connecting Transmission Owner, meeting the commercially reasonable requirements of the Connecting Transmission Owner with which it is required to be posted pursuant to Article 11.4, and consistent with the Uniform Commercial Code of the jurisdiction identified in Article 14.2.1 of this Agreement. Services Tariff shall mean the NYISO Market Administration and Control Area Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. System Impact Study shall mean the study conducted pursuant to Section 22.8 of Attachment P of the NYISO OATT that evaluates the impact of the proposed Transmission Project on the safety and reliability of the New York State Transmission System and, if applicable, and Affected System, to determine what Network Upgrade Facilities are needed for the proposedproposed SERVICE AGREEMENT NO. 2603 Transmission Project to connect reliably to the New York State Transmission System in a manner that meets the NYISO Transmission Interconnection Standard. System Impact Study Agreement shall mean the agreement described in Section 22.8.1 of Attachment P of the NYISO OATT for conducting the System Impact Study. System Protection Facilities shall mean the equipment, including necessary protection signal communications equipment, required to (1) protect the New York State Transmission System from faults or other electrical disturbances occurring at the Transmission Project and (2) protect the Transmission Project from faults or other electrical system disturbances occurring on the New York State Transmission System or on other delivery systems or other generating systems to which the New York State Transmission System is directly connected. Tariff shall mean the NYISO Open Access Transmission Tariff (“OATT”), as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff. Transmission Developer shall mean an entity that proposes to interconnect its Transmission Project to the New York State Transmission System in compliance with the NYISO Transmission Interconnection Standard. For purposes of this Agreement, the Transmission Developer is defined in the introductory paragraph. Transmission Interconnection Application shall mean the Transmission Developer’s request, in the form of Appendix 1 to the Transmission Interconnection Procedures, to interconnect a Transmission Project to the New York State Transmission System. Transmission Interconnection Procedures (“TIP”) shall mean the interconnection procedures applicable to a Transmission Interconnection Application pertaining to a Transmission Project that are included in Attachment P of the NYISO OATT. Transmission Interconnection Study shall mean any of the following studies: the Optional Feasibility Study, the System Impact Study, and the Facilities Study described in the Transmission Interconnection Procedures. Transmission Project shall mean the Transmission Developer’s proposed transmission facility or facilities that collectively satisfy the definition of Transmission Project in Section 22.3.1 of Attachment P of the NYISO OATT. For purposes of this Agreement, the Transmission Project is described in Appendix C of this Agreement. Transmission Project Interconnection Agreement shall mean this interconnection agreement applicable to the interconnection of the Transmission Project to the New York State Transmission System. Trial Operation shall mean the period(s) during which Connecting Transmission Owner or Transmission Developer, as applicable, is engaged in on-site test operations and commissioning of the Transmission Project or Network Upgrade Facilities prior to the In-Service Date. SERVICE AGREEMENT NO. 2603

SERVICE AGREEMENT NO. 2603 2734 IRS shall mean the Internal Revenue Service. Metering Equipment shall mean all metering equipment installed or to be installed at the Transmission Project pursuant to this Agreement, including but not limited to instrument transformers, MWh-meters, data acquisition equipment, transducers, remote terminal unit, communications equipment, phone lines, and fiber optics. Metering Points shall mean the location(s) identified by the NYISO for any Metering Equipment associated with the Transmission Project that are required for the Transmission Project to provide zonal or subzonal metering data. NERC shall mean the North American Electric Reliability Council or its successor organization. Network Upgrade Facilities shall mean the least costly configuration of commercially available components of electrical equipment that can be used, consistent with Good Utility Practice and Applicable Reliability Requirements, to make the modifications or additions to the New York State Transmission System that are required for the proposed Transmission Project to connect reliably to the system in a manner that meets the NYISO Transmission Interconnection Standard. For purposes of this Agreement, the Network Upgrade Facilities are described in Appendix A of this Agreement. New York State Transmission System shall mean the entire New York State electric transmission system, which includes (i) the Transmission Facilities Under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYISO Transmission Interconnection Standard shall mean the reliability standard that must be met by any Transmission Project proposing to connect to the New York State Transmission System. The standard is designed to ensure reliable access by the proposed project to the New York State Transmission System. NYSRC shall mean the New York State Reliability Council or its successor organization. Operating Agreement shall mean the Operating Agreement that the Transmission Developer is required to enter into with the NYISO concerning the operation of its operating agreement for non-incumbent transmission facilities in accordance with the requirements in Section 31.1.7.3 of Attachment Y of the OATT, as such agreement may be amended from time to time. Party or Parties shall mean NYISO, Connecting Transmission Owner, or Transmission Developer or any combination of the above. SERVICE AGREEMENT NO. 2734 Point(s) of Change of Ownership shall mean the point(s), as set forth in Appendix C to this Agreement, where the Transmission Developer’s Transmission Project connect connects to the Connecting Transmission Owner’s system. Point(s) of Interconnection shall mean the point(s), as set forth in Appendix C to this Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by a Party under this Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests. Security shall mean a bond, irrevocable letter of credit, parent company guarantee or other form of security from an entity with an investment grade rating, executed for the benefit of the Connecting Transmission Owner, meeting the commercially reasonable requirements of the Connecting Transmission Owner with which it is required to be posted pursuant to Article 11.411.3, and consistent with the Uniform Commercial Code of the jurisdiction identified in Article 14.2.1 of this Agreement. Services Tariff shall mean the NYISO Market Administration and Control Area Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. System Impact Study shall mean the study conducted pursuant to Section 22.8 of Attachment P of the NYISO ISO OATT that evaluates the impact of the proposed Transmission Project on the safety and reliability of the New York State Transmission System and, if applicable, and Affected System, to determine what Network Upgrade Facilities are needed for the proposedAffected

SERVICE AGREEMENT NO. 2603 2688 Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYISO Transmission Interconnection Standard shall mean the reliability standard that must be met by any Transmission Project proposing to connect to the New York State Transmission System. The standard is designed to ensure reliable access by the proposed project to the New York State Transmission System. NYSRC shall mean the New York State Reliability Council or its successor organization. Operating Agreement shall mean the Operating Agreement that the Transmission Developer is required to enter into with the NYISO concerning the operation of its transmission facilities in accordance with the requirements in Section 31.1.7.3 of Attachment Y of the OATT, as such agreement may be amended from time to time. Party or Parties shall mean NYISO, Connecting Transmission OwnerAffected System Operator, or Transmission Developer or any combination of the above. Point(s) of Change of Ownership Interconnection shall mean the point(s), as set forth in Appendix C to this Agreement, ) where the Transmission Developer’s Transmission Project connect to the Connecting New York State Transmission Owner’s systemSystem. Point(s) of Interconnection shall mean the point(s), as set forth in Appendix C to this Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by a Party under this Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests. Security shall mean a bond, irrevocable letter of credit, parent company guarantee or other form of security from an entity with an investment grade rating, executed for the benefit of the Connecting Transmission OwnerAffected System Operator, meeting the commercially reasonable requirements of the Connecting Transmission Owner Affected System Operator with which it is required to be posted pursuant to Article 11.46.2, and consistent with the Uniform Commercial Code of the jurisdiction identified in Article 14.2.1 8.2.1 of this Agreement. Services Tariff shall mean the NYISO Market Administration and Control Area Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. System Impact Study shall mean the study conducted pursuant to Section 22.8 of Attachment P of the NYISO OATT that evaluates the impact of the proposed Transmission Project on the safety and reliability of the New York State Transmission System and, if applicable, and Affected System, to determine what Network Upgrade Facilities are needed for the proposedproposed Transmission Project to connect reliably to the New York State Transmission System in a manner that meets the NYISO Transmission Interconnection Standard. System Protection Facilities shall mean the equipment, including necessary protection signal communications equipment, required to (1) protect the New York State Transmission System from faults or other electrical disturbances occurring at the Transmission Project and (2) protect the Transmission Project from faults or other electrical system disturbances occurring on the New York State Transmission System or on other delivery systems or other generating systems to which the New York State Transmission System is directly connected.