Common use of SERVICE AGREEMENT NO Clause in Contracts

SERVICE AGREEMENT NO. 2510 Confidential Information shall mean any information that is defined as confidential by Article 11.2. Connecting Transmission Owner shall be the Connecting Transmission Owner(s) identified in connection with the Transmission Project pursuant to Attachment P of the ISO OATT. Critical Path Milestones shall mean the milestones identified as such in the Development Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 7.2 of this Agreement. Developer shall have the meaning set forth in the introductory paragraph. Development Schedule shall mean the schedule of Critical Path Milestones and Advisory Milestones set forth in Appendix C to this Agreement. Effective Date shall mean the date upon which this Agreement becomes effective as determined in Article 2.1 of this Agreement. FERC shall mean the Federal Energy Regulatory Commission or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practice, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, public authority, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective SERVICE AGREEMENT NO. 2510 In-Service Date shall mean the date upon which the Transmission Project is energized consistent with the provisions of the Transmission Project Interconnection Agreement and available to provide Transmission Service under the NYISO Tariffs. New York State Transmission System shall mean the entire New York State electrical 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. NERC shall mean the North American Electric Reliability Corporation or its successor organization. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYPSC shall mean the New York State Public Service Commission or its successor. NYSRC shall mean the New York State Reliability Council or its successor organization. OATT shall mean the NYISO’s Open Access Transmission Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. Party or Parties shall have the meaning set forth in the introductory paragraph. Point of Interconnection shall mean the point or points at which the Developer’s Transmission Project will interconnect to the New York State Transmission System. Project Description shall mean the description of the Transmission Project set forth in Appendix A to this Agreement that is consistent with the project proposed and evaluated in the NYISO’s Public Policy Transmission Planning Process and selected by the NYISO Board of Directors as the more efficient or cost-effective transmission solution to the identified Public Policy Transmission Need. Public Policy Transmission Planning Process Manual shall mean the NYISO’s manual adopted by the NYISO stakeholder Operating Committee describing the NYISO’s procedures for implementing the Public Policy Transmission Planning Process component of the NYISO’s

SERVICE AGREEMENT NO. 2510 Confidential Information shall mean any information that is defined as confidential by Article 11.2. 2514 Connecting Transmission Owner shall be the Connecting Transmission Owner(s) identified in connection with the Transmission Project pursuant to Attachment P of the ISO OATT. Critical Path Milestones shall mean the milestones identified as such in the Development Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 7.2 of this Agreement. Developer shall have the meaning set forth in the introductory paragraph. Development Schedule shall mean the schedule of Critical Path Milestones and Advisory Milestones set forth in Appendix C to this Agreement. Effective Date shall mean the date upon which this Agreement becomes effective as determined in Article 2.1 of this Agreement. FERC shall mean the Federal Energy Regulatory Commission or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practice, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, public authority, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective SERVICE AGREEMENT NO. 2510 2514 In-Service Date shall mean the date upon which the Transmission Project is energized consistent with the provisions of the Transmission Project Interconnection Agreement and available to provide Transmission Service under the NYISO Tariffs. New York State Transmission System shall mean the entire New York State electrical 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. NERC shall mean the North American Electric Reliability Corporation or its successor organization. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYPSC shall mean the New York State Public Service Commission or its successor. NYSRC shall mean the New York State Reliability Council or its successor organization. OATT shall mean the NYISO’s Open Access Transmission Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. Party or Parties shall have the meaning set forth in the introductory paragraph. Point of Interconnection shall mean the point or points at which the Developer’s Transmission Project will interconnect to the New York State Transmission System. Project Description shall mean the description of the Transmission Project set forth in Appendix A to this Agreement that is consistent with the project proposed and evaluated in the NYISO’s Public Policy Transmission Planning Process and selected by the NYISO Board of Directors as the more efficient or cost-effective transmission solution to the identified Public Policy Transmission Need. Public Policy Transmission Planning Process Manual shall mean the NYISO’s manual adopted Required Project In-Service Date shall mean the In-Service Date by which the NYISO stakeholder Operating Committee describing Transmission Project must be constructed and operating, which date shall be: (i) the NYISO’s procedures for implementing date by which the Public Policy Transmission Planning Process component of Need must be satisfied as prescribed by the NYISO’sNYPSC in its order identifying SERVICE AGREEMENT NO. 2514

SERVICE AGREEMENT NO. 2510 Confidential Information shall mean any information that is defined as confidential by Article 11.2. Connecting Transmission Owner shall be the Connecting Transmission Owner(s) identified in connection with the Transmission Project pursuant to Attachment P of the ISO OATT. Critical Path Milestones shall mean the milestones identified as such in the Development Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 7.2 of this Agreement. Developer shall have the meaning set forth in the introductory paragraph. Development Schedule shall mean the schedule of Critical Path Milestones and Advisory Milestones set forth in Appendix C to this Agreement. Effective Date shall mean the date upon which this Agreement becomes effective as determined in Article 2.1 of this Agreement. FERC shall mean the Federal Energy Regulatory Commission or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practice, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, public authority, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective SERVICE AGREEMENT NO. 2510 In-Service Date shall mean the date upon which the Transmission Project is energized consistent with the provisions of the Transmission Project Interconnection Agreement and available to provide Transmission Service under the NYISO Tariffs. New York State Transmission System shall mean the entire New York State electrical 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. NERC shall mean the North American Electric Reliability Corporation or its successor organization. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYPSC shall mean the New York State Public Service Commission or its successor. NYSRC shall mean the New York State Reliability Council or its successor organization. OATT shall mean the NYISO’s Open Access Transmission Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. Party or Parties shall have the meaning set forth in the introductory paragraph. Point of Interconnection shall mean the point or points at which the Developer’s Transmission Project will interconnect to the New York State Transmission System. Project Description shall mean the description of the Transmission Project set forth in Appendix A to this Agreement that is consistent with the project proposed and evaluated in the NYISO’s Public Policy Transmission Planning Process and selected by the NYISO Board of Directors as the more efficient or cost-effective transmission solution to the identified Public Policy Transmission Need. Public Policy Transmission Planning Process Manual shall mean the NYISO’s manual adopted by the NYISO stakeholder Operating Committee describing the NYISO’s procedures for implementing the Public Policy Transmission Planning Process component of the NYISO’smanual

SERVICE AGREEMENT NO. 2510 2598 Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Completion Date shall mean the date on which the Developer has completed the EPC Services, as set forth in Appendix A. Confidential Information shall mean any information that is defined as confidential by Article 11.216 of this Agreement. Connecting Transmission Owner shall be have the Connecting Transmission Owner(s) identified in connection with the Transmission Project pursuant to Attachment P of the ISO OATT. Critical Path Milestones shall mean the milestones identified as such meaning set forth in the Development recitals. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 7.2 11 of this Agreement. Developer shall have the meaning set forth in the introductory paragraph. Development Schedule shall mean the schedule of Critical Path Milestones and Advisory Milestones set forth in Appendix C to this Agreement. Effective Date shall mean the date upon which this Agreement becomes effective as determined in under Article 2.1 of this Agreement. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. EPC Services shall have the meaning set forth in the recitals and shall consist of the services described in Appendix A. FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practicepractices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. SERVICE AGREEMENT NO. 2598 Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, public authority, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective SERVICE AGREEMENT NOservices they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Developer, NYISO, Affected System Operator, Connecting Transmission Owner, or any Affiliate thereof. 2510 Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” In-Service Date shall mean the date upon which the Transmission Project is Affected System Upgrade Facilities are energized consistent with the provisions of this Agreement, notice of which must be provided to the NYISO, Affected System Operator, and National Grid in the form of Appendix C. Interconnection Facilities Study shall mean a study conducted by NYISO or a third party consultant for the Developer to determine a list of facilities (including Connecting Transmission Project Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection Agreement System Reliability Impact Study), the cost of those facilities, and available the time required to provide Transmission Service under interconnect the NYISO Tariffs. Large Generating Facility with the New York State Transmission System shall mean the entire New York State electrical 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. NERC shall mean the North American Electric Reliability Corporation or its successor organization. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYPSC shall mean the New York State Public Service Commission or its successor. NYSRC shall mean the New York State Reliability Council or its successor organization. OATT shall mean the NYISO’s Open Access Transmission Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. Party or Parties shall have the meaning set forth in the introductory paragraph. Point of Interconnection shall mean the point or points at which the Developer’s Transmission Project will interconnect to the New York State Transmission Distribution System. Project Description shall mean the description The scope of the Transmission Project set forth study is defined in Appendix A to this Agreement that is consistent with the project proposed and evaluated in the NYISO’s Public Policy Transmission Planning Process and selected by the NYISO Board of Directors as the more efficient or cost-effective transmission solution to the identified Public Policy Transmission Need. Public Policy Transmission Planning Process Manual shall mean the NYISO’s manual adopted by the NYISO stakeholder Operating Committee describing the NYISO’s procedures for implementing the Public Policy Transmission Planning Process component Section 30.8 of the NYISO’sStandard Large Facility Interconnection Procedures.

SERVICE AGREEMENT NO. 2510 2688 Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Confidential Information shall mean any information that is defined as confidential by Article 11.216 of this Agreement. Connecting Transmission Owner shall be the Connecting Transmission Owner(s) identified in connection with the Transmission Project pursuant to Attachment P of the ISO OATT. Critical Path Milestones shall mean the milestones identified as such New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in the Development interstate Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 7.2 11 of this Agreement. Development Agreement shall mean the agreement executed between the NYISO and the Transmission Developer concerning the development of the Transmission Project, dated June 29, 2019, as it may be amended from time to time. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. EPC Services shall have the meaning set forth in the introductory paragraph. Development Schedule recitals and shall consist of the services described in Appendix A. Facilities Study shall mean the schedule study conducted pursuant to Section 22.9 of Critical Path Milestones Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including the Network Upgrade Facilities) as identified in the System Impact Study, the cost of those facilities, and Advisory Milestones set forth in Appendix C the time required to this Agreement. Effective Date shall mean interconnect the date upon which this Agreement becomes effective as determined in Article 2.1 of this AgreementTransmission Project with the New York State Transmission System. FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practice, reliability, safety and expeditionSERVICE AGREEMENT NO. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. 2688 Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, public authority, court, commission, department, board, or other governmental subdivisionHazardous Substances shall mean any chemicals, legislature, rulemaking board, tribunal, materials or other governmental authority having jurisdiction over any substances defined as or included in the definition of the Parties, their respective facilities, or the respective SERVICE AGREEMENT NO. 2510 “hazardous substances,” “hazardous wastes,” “hazardous materials,” In-Service Date shall mean the date upon which the Transmission Project is Affected System Upgrade Facilities are energized consistent with the provisions of the Transmission Project Interconnection this Agreement and available to provide Transmission Service under the NYISO’s Tariffs. The Affected System Operator must provide notice of the In-Service Date to the other Parties in the form of Appendix C to this Agreement. IRS shall mean the Internal Revenue Service. 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 TariffsTransmission Interconnection Standard. New York State Transmission System shall mean the entire New York State electrical 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. NERC shall mean the North American Electric Reliability Corporation or its successor organization. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYPSC shall mean the New York State Public Service Commission or its successor. NYSRC shall mean the New York State Reliability Council or its successor organization. OATT shall mean the NYISO’s Open Access Transmission Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. Party or Parties shall have the meaning set forth in the introductory paragraph. Point of Interconnection shall mean the point or points at which the Developer’s Transmission Project will interconnect to the New York State Transmission System. Project Description shall mean the description of the Transmission Project set forth in Appendix A to this Agreement that is consistent with the project proposed and evaluated in the NYISO’s Public Policy Transmission Planning Process and selected by the NYISO Board of Directors as the more efficient or cost-effective transmission solution to the identified Public Policy Transmission Need. Public Policy Transmission Planning Process Manual shall mean the NYISO’s manual adopted by the NYISO stakeholder Operating Committee describing the NYISO’s procedures for implementing the Public Policy Transmission Planning Process component of the NYISO’selectric